484 F. App'x 276
10th Cir.2012Background
- Molina pled guilty to possession of firearms by a felon under 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- The indictment was challenged on grounds that Molina’s civil rights were restored under New Mexico law.
- NM rights restoration argued relied on NM § 30-7-16, § 31-13-1, § 38-5-1 and automatic restoration theory.
- District court held Molina failed to show full restoration of voting, jury, and public-office rights to excuse § 922(g)(1).
- Court held Molina’s felon-in-possession conviction valid because not all federal civil rights were restored; § 921(a)(20) restoration requires all four rights.
- Court compared NM law context to Beecham, Heller/ McDonald framework, and cited Valerio (9th Cir.) for restoration guidance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether civil rights restoration under § 921(a)(20) negates § 922(g)(1). | Molina: NM restoration suffices; rights restored include firearms. | State law does not restore all required rights; public-office right missing. | No complete restoration; conviction upheld. |
| Whether § 921(a)(20) and § 922(g)(1) are void for vagueness. | Statutes fail to give adequate notice of felon firearm prohibition. | Statutes clear; reasonable person would know risk; no vagueness. | Statutes not vague as applied. |
| Whether the Second Amendment prohibits Molina’s felon-in-possession conviction. | Heller/ McDonald could limit felon disarmament. | Felon-in-possession remains constitutionally permissible. | No constitutional violation; § 922(g)(1) valid. |
Key Cases Cited
- Be e cham v. United States, 511 U.S. 368 (1994) (civil-rights restoration governs firearm eligibility; unambiguous)
- Fisher, 38 F.3d 1144 (10th Cir. 1994) (restoration of voting, jury, and public-office rights required)
- Hall, 20 F.3d 1066 (10th Cir. 1994) (automatic restoration suffices for federal purposes)
- Baer, 235 F.3d 561 (10th Cir. 2000) (consolidates restoration-rights theory for § 921(a)(20))
- Norman, 129 F.3d 1393 (10th Cir. 1997) (state-law-wide restoration look to determine federal privileges)
- Flower, 29 F.3d 530 (10th Cir. 1994) (conjunctive rights restoration; full restoration required)
- Valerio, 441 F.3d 837 (9th Cir. 2006) ( NM civil-rights restoration discussion; jury and public-office rights unresolved)
- Heller, 554 U.S. 570 (2008) (felon prohibitions reaffirmed; Second Amendment rights not unlimited)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (incorporation of Second Amendment; felon prohibition reaffirmed)