United States v. Presley

MEMORANDUM AND ORDER

SACHS, District Judge.

Defendant moves to dismiss this “gun control” indictment, charging him with possession of a firearm subsequent to his Missouri felony conviction for an assault in . 1981. The alleged possession was on January 13, 1987, after the effective date of liberalizing legislation permitting such possession by a convicted person who has had his “civil rights restored.” 18 U.S.C. § 921(a)(20)(B). See United States v. Holley, 818 F.2d 351 (5th Cir.1987), discussing the amendment and holding it has no retroactive effect on otherwise unlawful possession of firearms…