United States v. Capps

COFFIN, Senior Circuit Judge.

At his trial for violating the “felon-in-possession” statute, 18 U.S.C. § 922(g)(1), Michael Capps stipulated that 1) he was previously convicted of two federal felonies; 2) he was in possession of a functioning firearm; and 3) the firearm was not manufactured in Kansas. Though acknowledging that these stipulations facially satisfied the government’s case in chief, Capps offered as a defense his good faith and reasonable belief that, because his civil rights were restored under Kansas law, the federal convictions did not count as predicate felonies and, therefore,…