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Failure to Give Justification Defense Requires Reversal of Felon-in-Possession Conviction

By Jonathan Byrne

US v. Ricks: Ricks's partner, Blue, returned to their home after several days absence, acting strangely. Ricks noticed that Blue had a gun in his hand, so Ricks pinned him against the wall and knocked the gun out of his hand. Ricks then picked up the gun, removed the clip, and tossed the gun and clip away in opposite directions. Blue fled. Ricks picked up the gun and the clip and placed them (without putting the clip back in the gun) on a dresser in their bedroom and returned to the living room to watch TV. About 15 minutes later, Blue returned to the home with two police officers. Ricks admitted there was a gun in the house and admitted he had a prior felony conviction. Ricks was charged with being a felon in possession of a firearm. At trial, he requested a jury instruction on justification, which the district court denied...continue to full post

Full post as published by Fourth Circuit Blog on July 21, 2009 (boomark / email).