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By Kent Scheidegger et al.

The "I Didn't Know I Was A Felon" Defense: Over at Volokh Conspiracy, Eugene Volokh has a post on the Eastern District of Pennsylvania's decision in U.S. v. Kitsch. The decision holds that Kitsch could only be guilty of violating a federal law that prohibits firearm ownership by felons, 18 U.S.C. § 922(g)(1), if Kitsch knowingly possessed a gun knowing that he was a felon. According to the district court, Kitsch pleaded guilty to the New Jersey state offense of third-degree arson, a felony under New Jersey law, after law enforcement officials told him they would set aside the conviction. Kitsch served a 30 day sentence and then continued as if nothing had happened until he was charged with violating 18 U.S.C. § 922(g)(1). According to Volokh, the district court's decision relies on the general presumption against reading strict liability into gun laws...continue to full post

Full post as published by Crime and Consequences on August 11, 2008 (boomark / email).