Caron v. United States, 524 U.S. 308, 3 (1998)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

310

CARON v. UNITED STATES

Opinion of the Court

complex, but the phrase as quoted presents the issue for our decision.

The parties, reflecting a similar division among various Courts of Appeals, disagree over the interpretation of the unless clause in the following circumstance. What if the State restoring the offender's rights forbids possession of some firearms, say pistols, but not others, say rifles? In one sense, he "may not . . . possess . . . firearms" under the unless clause because the ban on specified weapons is a ban on "firearms." In another sense, he can possess firearms under the unless clause because the state ban is not absolute. Compare, e. g., United States v. Estrella, 104 F. 3d 3, 8 (CA1) (adopting former reading), cert. denied, 521 U. S. 1110 (1997), and United States v. Driscoll, 970 F. 2d 1472, 1480- 1481 (CA6 1992) (same), cert. denied, 506 U. S. 1083 (1993), with United States v. Qualls, 140 F. 3d 824, 826 (CA9 1998) (en banc) (intermediate position), and United States v. Shoemaker, 2 F. 3d 53, 55-56 (CA4 1993) (same), cert. denied, 510 U. S. 1047 (1994).

The Government contends the class of criminals who "may not . . . possess . . . firearms" includes those forbidden to have some guns but not others. On this reading, the restoration of rights is of no effect here, the previous offenses are chargeable, and petitioner's sentence must be enhanced. On appeal, the Government's position prevailed in the Court of Appeals for the First Circuit, and we now affirm its judgment.

I

Petitioner Gerald Caron has an extensive criminal record, including felonies. In Massachusetts state court, he was convicted in 1958 of attempted breaking and entering at night and, in 1959 and 1963, of breaking and entering at night. In California state court, he was convicted in 1970 of assault with intent to commit murder and attempted murder.

In July 1993, petitioner walked into the home of Walter Miller, carrying a semiautomatic rifle. He threatened Miller,

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: October 4, 2007