Articles Tagged with felony

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18 U.S.C. § 922, part of the Gun Control Act of 1968, is one of the most important federal statutes regulating firearms and ammunition in the United States. It delineates specific prohibitions on the possession, sale, transfer, shipment, and receipt of firearms and ammunition under various circumstances. The statute aims to keep firearms out of the hands of prohibited individuals, regulate interstate and foreign commerce in firearms, and ensure accountability among firearms dealers and manufacturers.

I. Structure and Purpose of 18 U.S.C. § 922

Section 922 contains over twenty subsections. Each establishes different restrictions or obligations. Collectively, they regulate the conduct of both individual citizens and licensed dealers, with specific prohibitions tied to criminal history, age, geography, and status (e.g., military, law enforcement, noncitizen). Violations can result in serious criminal penalties, including felony charges under 18 U.S.C. § 924.

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Not all states allow a prior court-martial conviction into evidence.  But as the decision in Oliver v. Commonwealth, 60 S.E. 2d 567 (2005), shows, the Commonwealth of Virginia considers a prior special court-martial conviction admissible in sentencing.

In principle, we accept that certain "wholly unconstitutional" convictions can be collaterally attacked and disqualified for consideration during sentencing. United States v. Tucker, 404 U.S. 443 (1972).  But, when available, the collateral attack remedy would not be offered on the ground that the invalid UCMJ conviction rested on something other than the "laws of … the United States" as that phrase appears in Code § 19.2-295.1. Instead, the invalid UCMJ conviction would be excluded from trial, if at all, because it violated a higher law of the United States: the Federal Constitution.

In any event, we need not address Oliver’s hypothesis further. He does not raise on appeal any constitutional objections in contest of his UCMJ convictions.

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This site is for the trial practitioner (the military lawyer) of military justice, and for the information of U.S. active duty, Guard, and reserve service-members, their spouses and their families. Our goal is to focus on trial practice issues in cases arising under the UCMJ and being tried at court martial. We hasten to add that nothing on this blog should be taken as specific legal advice for a specific client.

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