State ex rel. Thomas v. Contes

OPINION

TIMMER, Judge.

¶ 1 We are asked in this special action to decide whether the definition of “prohibited possessor” in Arizona Revised Statutes (“A.R.S.”) section 13-3101(A)(6)(e) (Supp. 2006), which includes persons who are prohibited possessors under 18 United States Code (“U.S.C.”) section 922(g)(5), as excepted by subsection (y) of that provision, requires proof that possession of any firearm or ammunition had a nexus with interstate or foreign commerce. Based on the plain language of A.R.S. § 13-3101(A)(6)(e), we hold that it does.

BACKGROUND

¶ 2 On March 2, 2007, a Mesa Police officer…