Ex parte Garcia

The majority recognizes that under federal law “in commerce or affecting commerce” is an essential element to an offense under 18 U.S.C.A.App., Sec. 1202(a). Federal indictments which fail to allege this element are fundamentally defective. As stated in U. S. v. Fiorito, 465 F.2d 431, 432 (7th Cir. 1972):

“. . The United States Supreme Court construed this statute and in United States v. Bass, 1971, 404 U.S. 336, 350, 92 S.Ct. 515, 30 L.Ed.2d 488, held . . that possession of a firearm ‘in commerce or affecting commerce’ is an element of the offense of possession by a felon, as well as of the…