These potentially conflicting goals, coupled with a long and, at times confusing, legislative history, can make interpretation of this statute difficult. Pursuant to the statute, it is unlawful for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess or receive a firearm where the required interstate commerce nexus is established. The Eighth Circuit has held that the knowingly mental state applies only to the defendant's underlying conduct, not to his knowledge of the illegality of his actions. Moreover, the section provides that, where a conviction has been expunged or set aside, or where a person has had his or her civil rights restored, there is no conviction for the purposes of this statute. With regard to restoration of civil rights, the Eighth Circuit has held that substantial, not total, restoration is required to remove a defendant from the reach of the statute, but further held that disqualification from serving as a juror and in certain law enforcement positions did not constitute substantial restoration.
State law determines the effect of any state restoration of civil rights.
For a person to have his civil rights restored for the purposes of this section, the relevant state must actually have restored the felon's right to possess firearms. In appropriate cases, under Old Chief , the trial court may be compelled to accept an offer to stipulate to the fact of a prior felony conviction. The defendant need not know the firearm was transported across state lines. This position is also consistent with decisions in other circuits. 1 A misdemeanor crime involving domestic abuse may also cause an individual to lose his rights to possess a weapon.