382 F. Supp. 3d 71
D.C. Cir.2019Background
- Payne was indicted under 18 U.S.C. § 922(g)(1) for possession of a handgun and extended magazine found in a car he occupied.
- He has two prior felony convictions (attempted robbery; assault with significant bodily injury) that were set aside under D.C.'s Youth Rehabilitation Act (YRA), D.C. Code § 24-906.
- The Superior Court issued "Order of Discharge and Certificate Setting Aside Conviction" for each felony; the certificates state the convictions are set aside but do not mention firearms prohibitions.
- 18 U.S.C. § 921(a)(20) provides that an expunged conviction "shall not be considered a conviction" for purposes of federal firearms law unless the expungement "expressly provides that the person may not ... possess firearms."
- The Government relied on D.C. law (YRA § 24-906(f)(8) and D.C. Code § 22-4503) to argue that an expungement under the YRA may nonetheless preserve local firearms prohibitions that satisfy § 921(a)(20).
- Payne moved to dismiss the federal indictment arguing his YRA set‑asides, which lack any express firearms restriction, preclude prosecution under § 922(g)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions set aside under D.C.'s YRA can serve as predicates for § 922(g)(1) | Payne: Certificates setting aside convictions contain no firearm prohibition, so § 921(a)(20) bars federal prosecution | Government: The YRA and D.C. felon‑possession statute operate together to bar firearm possession despite certificate silence | Court: Dismiss indictment — the certificate itself is the expungement and contains no express firearms prohibition, so § 921(a)(20) precludes § 922(g) prosecution |
Key Cases Cited
- United States v. Bost, 87 F.3d 1333 (D.C. Cir. 1996) (examined whether to look only to restoration/expungement document or to whole state law for firearm restrictions)
- United States v. Erwin, 902 F.2d 510 (7th Cir. 1990) (a certificate implying restoration bars reliance on hidden statutory reservations; "anti‑mousetrap" rationale)
- United States v. Glaser, 14 F.3d 1213 (7th Cir. 1994) (when state issues formal notice of expungement, courts should look to the document's contents)
- United States v. Thomas, 991 F.2d 206 (5th Cir. 1993) (statutory restoration can give state firearm restrictions federal effect)
- United States v. Aka, 339 F. Supp. 3d 11 (D.D.C. 2018) (held YRA statute plus certificate could qualify as expungement that preserves D.C. firearms prohibition)