In this prosecution for illegal possession of firearms by a person previously convicted of misdemeanor domestic violence (18 U.S.C. § 922(g)(9)), this conviction under the 1996 amendments to the firearm act, for possession of firearms purchased in 1994 and 1995, obtained without requiring the defendant to know the of the amendments to the law, was held not to violate due process. The type of conduct prohibited is neither highly technical (distinguishing Cheek v. United States (1991) 498 U.S. 192), and there is no element of “willfulness” in the statute. Also, the statute does not prohibit wholly passive conduct as did the statute set aside in Lambert v. California (1957) 355 U.S. 225. Finally, the statute was adequately published in the codes.
Case Summaries