Andreqio Stevens v. United States
CriminalProcedure
18 U.S.C. § 922(g) criminalizes three different offenses relating to a firearm for "prohibited persons": transporting a firearm, possessing a firearm, and receiving a firearm. Moreover, Congress has written a different commerce clause jurisdictional element for each offense: the text for transporting and receiving offenses requires the Government to prove that the firearm was "shipped or transported in interstate or foreign commerce," while possession of a firearm must be proven to be "in or affecting commerce."
Does the different language used by Congress as to the possession crime require a jury to find more than a prior shipping or transportation of the firearm across state lines?
Does the different language used by Congress as to the possession crime require a jury to find more than a prior shipping or transportation of the firearm across state lines?