United States v. Jeffrey Beavers, 206 F.3d 706 (6th Cir. 2000). · Go Syfert
United States v. Jeffrey Beavers, 206 F.3d 706 (6th Cir. 2000). Cases Citing This Book View Copy Cite
54 citation events (34 in the last 25 years) across 14 distinct courts.
Strongest positive: Maria Arias v. Loretta E. Lynch (ca7, 2016-08-24)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Maria Arias v. Loretta E. Lynch (2×)
7th Cir. · 2016 · quote attribution · 2 verbatim quotes · confidence high
the lack of intuitive wrongfulness is the hallmark of all laws that are malum prohibitum
discussed Cited as authority (verbatim quote) Mei, Wei Cong v. Ashcroft, John D.
7th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
the lack of intuitive wrongfulness is the hallmark of all laws that are malum prohibitum
cited Cited as authority (rule) United States v. Jackie Roberts
6th Cir. · 2013 · confidence medium
See United States v. Newsom, 452 F.3d 593, 608 (6th Cir.2006); United States v. Roberge, 565 F.3d 1005, 1008-09 (6th Cir.2009); United States v. Beavers, 206 F.3d 706, 708 (6th Cir.2000).
discussed Cited as authority (rule) United States v. Gregg Stein
7th Cir. · 2013 · confidence medium
See Shelton, 325 F.3d at 563 ; United States v. Hancock, 231 F.3d 557, 562-63 (9th Cir.2000); United States v. Hutzell, 217 F.3d 966, 967-68 (8th Cir.2000); United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.2000); United States v. Beavers, 206 F.3d 706, 708-10 (6th Cir.2000).
cited Cited as authority (rule) United States v. Kevin McCormick
6th Cir. · 2013 · confidence medium
They do not require that McCormick “knew that his possession of [the] firearm was illegal.” United States v. Beavers, 206 F.3d 706, 708 (6th Cir.2000) (interpreting 18 U.S.C. § 922 (g)(9)).
cited Cited as authority (rule) United States v. Joseph Brown
6th Cir. · 2013 · confidence medium
United States v. Beavers, 206 F.3d 706, 708 (6th Cir.2000). 1.
discussed Cited as authority (rule) Wei Cong Mei v. John Ashcroft, Attorney General of the United States
7th Cir. · 2004 · confidence medium
United States v. Urfer, 287 F.3d 663, 666 (7th Cir.2002); United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000) (“the lack of intuitive wrongfulness is the hallmark of all laws that are malum prohibitum ”).
cited Cited as authority (rule) UNITED STATES OF AMERICA, — v. ROBERT LEE PFEIFER, ALSO KNOWN AS BARNEY PFEIFER, —
8th Cir. · 2004 · confidence medium
See United States v. Hancock, 231 F.3d 557, 564 (9th Cir.2000); United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000).
cited Cited as authority (rule) United States v. Robert Lee Pfeifer
8th Cir. · 2004 · confidence medium
See United States v. Hancock, 231 F.3d 557, 564 (9th Cir. 2000); United States v. Beavers, 206 F.3d 706, 710 (6th Cir. 2000).
discussed Cited as authority (rule) Swartz v. Mathes
N.D. Iowa · 2003 · confidence medium
See also United States v. Hemmings, 258 F.3d 587, 594 (7th Cir.2001) (stating 18 U.S.C. § 922 (g)(1) and 18 U.S.C. § 922 (g)(9) are not ex post facto laws) (citing Brady and Mitchell); United States v. Beavers, 206 F.3d 706, 708-09 (6th Cir. 2000) (concluding a conviction on a domestic violence offense sufficiently placed the defendant on notice that the government might regulate his ability to own or possess a firearm).
discussed Cited as authority (rule) United States v. Shelton
5th Cir. · 2003 · confidence medium
United States v. Denis, 297 F.3d 25, 28-31 (1st Cir.2002); United States v. Hancock, 231 F.3d 557, 561-63 (9th Cir.2000); United States v. Hutzell, 217 F.3d 966, 968-69 (8th Cir.2000); United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000). *564 Shelton recognizes the weight of authority against him but nonetheless argues that he falls within a due process exception to the general rule that ignorance of the law or a mistake of law is no defense.
discussed Cited as authority (rule) United States v. Larry T. Tarwater (2×)
6th Cir. · 2002 · confidence medium
United States v. Beavers, 206 F.3d 706, 708 (6th Cir.2000).
discussed Cited as authority (rule) United States v. Denis (2×)
1st Cir. · 2002 · confidence medium
See Hancock, 231 F.3d at 564 (“[B]y committing] the domestic violence offense, [appellant] removed himself from the class of ordinary and innocent citizens who would expect no special restrictions on the possession of a firearm.” (internal quotation marks omitted)); Hutzell, 217 F.3d at 968 (concluding that “an individual’s domestic violence conviction -should itself put that person on notice that subsequent possession of a gun might well be subject to regulation”); United States v. Mitchell, 209 F.3d 319, 322-23 (4th Cir.2000) (concluding that appellant’s “conduct in assaulting …
discussed Cited as authority (rule) United States v. Barnes, John (2×)
D.C. Cir. · 2002 · confidence medium
See, e.g., United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.1999), cert. denied, 527 U.S. 1029 , 119 S.Ct. 2383 , 144 L.Ed.2d 785 (1999); United States v. Beavers, 206 F.3d 706, 708-09 (6th Cir.2000); United States v. Meade, 175 F.3d 215 , 226 n. 5 (1st Cir.1999).
discussed Cited as authority (rule) United States v. Pfeifer (2×) also: Cited "see, e.g."
D.S.D. · 2002 · confidence medium
See Hutzell, 217 F.3d at 967-69; see also United States v. Hancock, 231 F.3d 557, 561-65 (9th Cir.2000), cert. denied, 532 U.S. 989 , 121 S.Ct. 1641 , 149 L.Ed.2d 500 (2001); Mitchell, 209 F.3d at 322-24 ; United States v. Beavers, 206 F.3d 706, 708-10 (6th Cir.), cert. denied, 529 U.S. 1121 , 120 S.Ct. 1989 , 146 L.Ed.2d 815 (2000); Boyd, 52 F.Supp.2d at 1237 ; United States v. Hicks, 992 F.Supp. 1244, 1246 (D.Kan.1997).
discussed Cited as authority (rule) United States v. Davis
6th Cir. · 2001 · confidence medium
Although we in this circuit have yet to address this exact issue in a published decision, we have held that the analogous provisions of 18 U.S.C. § 922(g)(9), which prohibit possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, do “not require the government to prove that the defendant had actual knowledge that his possession of a firearm was illegal.” United States v. Beavers, 206 F.3d 706, 710 (6th Cir.), cert. denied, 529 U.S. 1121 , 120 S.Ct. 1989 , 146 L.Ed.2d 815 (2000).
discussed Cited as authority (rule) United States v. Smith
A.F.C.C.A. · 2001 · confidence medium
Napier, 233 F.3d at 397-98 ; United States v. Kafka, 222 F.3d 1129, 1131-32 (9th Cir.2000), cert. denied, — U.S. -, 121 S.Ct. 1365 , 149 L.Ed.2d 293 (U.S. 2001); United States v. Beavers, 206 F.3d 706, 709-10 (6th Cir.2000), cert. denied, 529 U.S. 1121 , 120 S.Ct. 1989 , 146 L.Ed.2d 815 (2000); United States v. Reddick, 203 F.3d 767, 769-71 (10th Cir.2000); Meade, 175 F.3d at 225-26 ; United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.1999), cert. denied, 527 U.S. 1029 , 119 S.Ct. 2383 , 144 L.Ed.2d 785 (1999); United States v. Wilson, 159 F.3d 280, 288-89 (7th Cir.1998), cert. denied, 5…
discussed Cited as authority (rule) United States v. Ball
4th Cir. · 2001 · confidence medium
United States v. Beavers, 206 F.3d 706, 710 (6th Cir.) (holding that § 922(g)(9) “does not require the government to prove that the defendant had actual knowledge that his possession of a firearm was illegal”), cert. denied, 529 U.S. 1121 , 120 S.Ct. 1989 , 146 L.Ed.2d 815 (2000); see Bostic, 168 F.3d at 722-23 (interpreting mens rea element in 18 U.S.C.A. § 922 (g)(8) (West 2000)).
discussed Cited as authority (rule) United States v. Cody J. Hutzell (2×)
8th Cir. · 2000 · confidence medium
We also agree with the observation in United States v. Beavers, 206 F.3d 706, 710 (6th Cir. 2000), cert. denied, 120 S. Ct. 1989 (2000), that "it should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future." Although an individual's right to bear arms is constitutionally protected, see United States v. Miller, 307 U.S. 174, 178-79 (1939), the possession of a gun, especially by anyone who has been convicted of a violent crime, is nevertheless a highly regulated act…
examined Cited as authority (rule) United States v. Cody Jeremiah Hutzell (5×)
8th Cir. · 2000 · confidence medium
We also agree with the observation in United States v. Beavers, 206 F.3d 706, 710 (6th Cir. 2000), cert. denied, 120 S. Ct. 1989 (2000), that "it should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future." Although an individual's right to bear arms is constitutionally protected, see United States v. Miller, 307 U.S. 174, 178-79 (1939), the possession of a gun, especially by anyone who has been convicted of a violent crime, is nevertheless a highly regulated act…
discussed Cited as authority (rule) United States v. Winston Eugene Mitchell, Sr. (2×) also: Cited "see"
4th Cir. · 2000 · confidence medium
See, e.g., United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.), cert. denied, — U.S. -, 119 S.Ct. 2383 , 144 L.Ed.2d 785 (1999); United States v. Beavers, 206 F.3d 706, 708-09 (6th Cir.2000); United States v. Meade, 175 F.3d 215 , 226 n. 5 (1st Cir.1999); United States v. Wilson, 159 F.3d 280, 289 (7th Cir.1998).
discussed Cited as authority (rule) United States v. Winston E. Mitchell (2×) also: Cited "see"
4th Cir. · 2000 · confidence medium
See, e.g. , United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.), cert. denied , 119 S. Ct. 2383 (1999); United States v. Beavers, 2000 WL 174861, at *2 (6th Cir. 2000); United States v. Meade, 175 F.3d 215 , 226 n.5 (1st Cir. 1999); United States v. Wilson, 159 F.3d 280, 289 (7th Cir. 1998).
discussed Cited "see" United States v. Miller
8th Cir. · 2011 · signal: see · confidence high
See United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000) (“[I]t should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future.”); Meade, 175 F.3d at 226 (“[Possession of firearms by persons laboring under the yoke of anti-harassment or anti-stalking restraining orders is a horse of a different hue.”).
cited Cited "see" United States v. Martin
6th Cir. · 2002 · signal: see · confidence high
See United States v. Beavers, 206 F.3d 706, 708 (6th Cir.2000).
discussed Cited "see" United States v. Barrett
5th Cir. · 2001 · signal: see · confidence high
See United States v. Beavers, 206 F.3d 706, 709-10 (6th Cir.), cert. denied, 529 U.S. 1121 (2000); United States v. Hutzell, 217 F.3d 966, 968-69 (8th Cir. 2000), cert. denied, S. Ct. , 2001 WL 285845 (U.S. Mar. 26, 2001) (No. 00-7605); United States v. Hancock, 231 F.3d 557, 563-64 (9th Cir. 2000), petition for cert. filed (U.S. Mar. 26, 2001) (No. 00-9017); United States v. Mitchell, 209 F.3d 319, 322 (4th Cir.), cert. denied, 121 S. Ct. 123 (2000).
cited Cited "see" United States v. Gary Hancock
9th Cir. · 2000 · signal: see · confidence high
See United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000).
discussed Cited "see, e.g." United States v. Chester (2×)
4th Cir. · 2010 · signal: see also · confidence medium
Rec. at S2646-02 (explaining that adding domestic violence misdemeanants to the Gun Control Act of 1968 in 1996 was intended to “close this loophole, and will help keep guns out of the hands of people who have proven themselves to be violent and a threat to those closest to them.”); see also United States v. Beavers, 206 F.3d 706, 710 (6th Cir.2000) (“[I]t should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jeffrey BEAVERS, Defendant-Appellant
99-1829.
Court of Appeals for the Sixth Circuit.
Feb 16, 2000.
206 F.3d 706
2000 U.S. App. LEXIS 2080
2000 WL 174861
Kathleen Moro Nesi (argued and briefed), Assistant U.S. Attorney, Office of the U.S. Attorney, Detroit, MI, for Plaintiff-Appellee., R. Steven Whalen (argued and briefed), Detroit, MI, for Defendant-Appellant.
Cole, Gilman, Carr.
Cited by 38 opinions  |  Published

OPINION

GILMAN, Circuit Judge.

This is an appeal from the district court’s order denying Jeffrey Beavers’s motion to withdraw his guilty plea and to dismiss his indictment for the possession of firearms in violation of 18 U.S.C. § 922(g)(9). Section 922(g)(9) prohibits a person previously convicted of “a misdemeanor crime of domestic violence” from possessing a firearm. Beavers argues that this section violates his due process rights under the Fifth Amendment because it does not require the government to prove, as an element of the offense, that he knew that his possession of a firearm was illegal. The district court rejected Beavers’s ignorance-of-the-law defense. For the reasons set forth below, we AFFIRM the judgment of the district court.

[*708] I. BACKGROUND

On December 23, 1998, Beavers pled guilty to the charge of possessing a firearm in violation of § 922(g)(9). As part of the factual basis underlying his plea, Beavers admitted that he had pled guilty in 1995 to a misdemeanor domestic assault charge. He further admitted that on November 20, 1997 he had possession of two pistols and a shotgun at his home in Lam-bertville, Michigan. At his change-of-plea hearing, Beavers made the following statement: “And I did have the three firearms at the time that — of the original Indictment, and — [h]owever, I would like to add I didn’t know that the law existed. Nevertheless, I am guilty of having the firearms.”

On July 6, 1999, Beavers moved to withdraw his guilty plea and to dismiss the indictment on the ground that § 922(g)(9) violated his due process rights under the Fifth Amendment. At the hearing on Beavers’s motion, the parties agreed that (1) in 1995, Beavers was placed on state probation for the misdemeanor offense of domestic assault, (2) a condition of the probation was that he was not allowed to possess a firearm while on probation, (3) Beavers was discharged from probation in 1996, (4) the state order prohibiting him from possessing firearms was no longer effective once he was discharged, (5) after Beavers was discharged, the state returned one of his pistols to him, (6) the pistol was returned in July of 1996, approximately three months before the effective date of § 922(g)(9), and (7) Beavers continued to have possession of the guns after September 30, 1996, the effective date of the federal statute. After considering the parties’ arguments, the district court denied Beavers’s motion.

Pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure, the parties, with the approval of the district court, agreed that Beavers would enter a conditional guilty plea, reserving his constitutional issue for appeal. Beavers was then sentenced to a term of two months of incarceration, followed by two months of home confinement and two years of supervised release, and fined $2,000.

II. ANALYSIS

A. Standard of review

The main issue before the court is whether § 922(g)(9) is unconstitutional in light of the fact that it does not require the government to prove, as an element of the offense, that Beavers knew that his possession of a firearm was illegal. We review de novo a challenge to the constitutionality of a federal statute. See, e.g., United States v. Brown, 25 F.3d 307, 308 (6th Cir.1994).

B. Section § 922(g)(9) is constitutional despite the fact that it does not require the government to prove that Beavers knew that his conduct was illegal

Section § 922(g)(9) provides, in pertinent part, as follows: “It shall be unlawful for any person ... who has been convicted in any court of a misdemeanor crime of domestic violence ... to ... possess ... any firearm.... ” The mens rea requirement for § 922(g)(9) is contained in § 924(a)(2), which states that “[wjhoever knowingly violates ... [§ 922(g)(9) ] shall be fined as provided in this title, imprisoned not more than 10 years, or both.” In an analogous context, other circuits have held that the term “knowingly” only requires that the accused know that he possessed a firearm, not that he knew that such possession was illegal. See United States v. Bostic, 168 F.3d 718, 722-23 (4th Cir.1999) (holding that, although the term “willfully” as used in parts of § 922 does have such a requirement, “knowingly” under § 924(a)(2) does not require the defendant to be aware that his conduct is illegal); United States v. Capps, 77 F.3d 350, 352 (10th Cir.1996) (“No circuit has extended the knowledge component of § 922 beyond the act of possession itself.”).

[*709] Beavers acknowledges that ignorance of the law does not generally excuse criminal conduct. See Cheek v. United States, 498 U.S. 192, 199, 111 S.Ct. 604, 112 L.Ed.2d 617 (1991). He argues, however, that § 922(g)(9) is an exception because it is a highly technical statute that could ensnare individuals engaged in apparently innocent conduct. See generally Lambert v. California, 355 U.S. 225, 78 S.Ct. 240, 2 L.Ed.2d 228 (1957) (declaring unconstitutional a city ordinance that punished felons who failed to register with the police department, even if they had no knowledge of the requirement).

Relying upon the dissenting opinion in United States v. Wilson, 159 F.3d 280, 293 (7th Cir.1998), and the case of United States v. Emerson, 46 F.Supp.2d 598 (N.D.Tex.1999), Beavers argues that his indictment under § 922(g)(9) should have been dismissed as a violation of his due process rights under the Fifth Amendment because he had no notice that his possession of a firearm was a federal offense. Beavers points out that prior to the effective date of the statute, a person convicted of a misdemeanor domestic violence offense was not prohibited from possessing firearms under § 922.

In Wilson, the Seventh Circuit held that § 922(g)(8) does not violate the Fifth Amendment. That subsection prohibits the possession of a firearm by anyone subject to a domestic restraining order, which is a companion provision to § 922(g)(9) in question here. The majority held that a person could “knowingly” violate § 922(g)(8) even if he did not know that his conduct was illegal. See Wilson, 159 F.3d at 293. In dissent, Chief Judge Posner wrote that the government should be required to show that the defendant knew that his act of possessing the firearms after the issuance of the restraining order was illegal. See id. at 296.

Chief Judge Posner, however, did not find that § 922(g)(8) violated the Fifth Amendment. Instead, he reasoned that it was a “linguistically permissible interpretation of the statute” to conclude that the government had to prove that the defendant knew that his conduct was a crime. See id. Based upon Chief Judge Posner’s dissent, a district court in Texas held that § 922(g)(8) “is an obscure, highly technical statute with no mens rea requirement” that violates the Fifth Amendment. See United States v. Emerson, 46 F.Supp.2d 598, 613 (N.D.Tex.1999); but see United States v. Spruill, 61 F.Supp.2d 587, 589 (W.D.Tex.1999) (rejecting Emerson’s, analysis and noting that three other circuit courts have found that § 922(g)(8) is constitutional despite not requiring actual knowledge of illegality).

In the recent case of United States v. Baker, 197 F.3d 211, 220 (6th Cir.1999), this court addressed whether § 922(g)(8) violates a defendant’s due process rights, concluding as follows:

The fact that Baker had been made subject to a domestic violence protection order provided him with notice that his conduct was subject to increased government scrutiny. Because it is not reasonable for someone in his position to expect to possess dangerous weapons free from extensive regulation, Baker cannot successfully claim a lack of fair warning with respect to the requirements of § 922(g)(8).

Baker*s rejection of the ignorance of the law defense is well-reasoned and highly persuasive on the similar issue before us.

The First Circuit has also addressed a challenge to § 922(g)(8), setting forth its analysis as follows:

[Defendant] nevertheless tries to bring his case within the Lambert exception by arguing that firearms possession is an act sufficiently innocent that no one could be expected to know that he would violate the law merely by possessing a gun.... But possession of firearms by persons laboring under the yoke of anti-harassment or anti-stalking restraining orders is a horse of a different hue. The dangerous propensities of persons[*710] with a history of domestic abuse are no secret, and the possibility of tragic encounters has been too often realized. We think it follows that a person who is subject to such an order would not be sanguine about the legal consequences of possessing a firearm, let alone of being apprehended with a handgun in the immediate vicinity of his spouse.... We therefore reject the appellant’s contention that the statute, on its face, violates due process rights of notice.

United States v. Meade, 175 F.3d 215, 226 (1st Cir.1999); see Baker, 197 F.3d at 220 (adopting the reasoning in Meade).

Although Chief Judge Posner’s dissent in Wilson has a certain surface appeal, in the end it proves too much. He argues that the statute is malum prohibitum, “that is, it is not the kind of law that a lay person would intuit existed because the conduct it forbade was contrary to the moral code of his society.” Wilson, 159 F.3d at 294. But the lack of intuitive wrongfulness is the hallmark of all laws that are malum prohibitum, and requiring the government to prove that the defendant knew that his conduct was a crime would unduly reward those who plead ignorance of the law as a defense.

Based on the reasoning in Baker and Meade, and the majority opinion in Wilson, we conclude that Beavers’s conviction on a domestic violence offense sufficiently placed him on notice that the government might regulate his ability to own or possess a firearm. As noted in Baker and Meade, domestic abuse is a well-known problem, and it should not surprise anyone that the government has enacted legislation in an attempt to limit the means by which persons who have a history of domestic violence might cause harm in the future. Compare Lambert, 355 U.S. at 229, 78 S.Ct. 240 (noting that the Los Angeles ordinance requiring felons to register was primarily a bookkeeping aid for law enforcement). When Beavers committed the domestic violence offense, he “removed himself from the class of ordinary and innocent citizens” who would expect no special restrictions on the possession of a firearm. See Bostic, 168 F.3d at 722. We therefore conclude that § 922(g)(9) is constitutional, even though it does not require the government to prove that the defendant had actual knowledge that his possession of a firearm was illegal.

C. Section 922(g)(9) is constitutional as applied to Beavers

Beavers also argues that § 922(g)(9) is unconstitutional as applied to the facts in the present case because the state of Michigan misled him by returning one of his pistols in July of 1996 without telling him about the future applicability of § 922(g)(9). The government initially argues that Beavers failed to preserve the issue for appeal. This is incorrect, however, because the district court stated “that the plea is made under 11(a)(2), which will allow him to appeal the constitutionality of the statute and the application to him.” (Emphasis added.)

On the other hand, we agree with the government’s position that Beavers’s “as applied” argument lacks merit. First of all, § 922(g)(9) did not exist in July of 1996. It did not become law until September 30, 1996. Second, the state of Michigan is under no obligation to update state-law violators on recent additions to federal law. Finally, the pistol returned by the state was only one of three firearms found in Beavers’s possession on November 20, 1997. We therefore find Beavers’s argument that § 922(g)(9) should not be applied to him because of the state of Michigan’s lack of notice to be without merit.

III. CONCLUSION

For all of the reasons set forth above, we AFFIRM the judgment of the district court.