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McGill: Possession of Shotgun not "Violent Felony"

By Tim Cone

In U.S. v. McGill, No. 09-14167 (Sept. 8, 2010), on a government appeal, the Court held that a defendant?s prior Florida State conviction for unlawful possession of a short-barreled shotgun did not qualify as a prior ?violent felony? for purposes of the 15-year mandatory minimum 18 U.S.C. § 924(e)(1), the Armed Career Criminal Act (ACCA).The Court noted that Begay governed whether the prior conviction qualified as a ?violent felony.? The question therefore was whether possessing an outlawed short-barreled shotgun is ?roughly similar, in kind as well as degree of risk posed, to burglary, arson, extortion and the unlawful use of explosives.? The Court noted that, like explosives, short-barreled shotguns are regulated by the National Firearms Act (NFA)...continue to full post

Full post as published by Defense Newsletter Blog on September 09, 2010 (boomark / email).