Walker v. United States

Federal law generally bars both state-convicted and federally-convicted felons from possessing firearms, unless their civil rights have been “restored” under the law of the convicting jurisdiction. Congress has rendered inoperative the federal statutory provision directly addressing the lifting of the firearms disability based on a felony conviction. Walker, a federal felon residing in Tennessee, asserted that his Tennessee restoration of rights, in conjunction with federal statutory and constitutional provisions, leads to the conclusion that federal law has restored his rights sufficient to lift the disability. Walker argued that the relevant civil rights for firearm-disability-lifting purposes were the right to vote, the right to serve on a jury, and the right to hold government office. When these rights are restored at the state level, he argued, federal law in various ways permits the exercise of the same three civil rights at the federal level, thus meeting the federal statutory standard. The district court and Sixth Circuit rejected the argument, stating that neither Walker’s right to vote nor his right to seek and hold public office have been restored under federal law; those rights were subject to state law. View "Walker v. United States" on Justia Law