By Elura Nanos @ LawandCrime.com, April 20
The Supreme Court of the United States heard oral arguments Tuesday in companion cases involving illegal gun possession and the fallout from a recent SCOTUS precedent. The cases are Greer v. United States (on appeal from the Eleventh Circuit) and United States v. Gary (on appeal from the Fourth Circuit).
Both cases ask the justices to clarify the impact of the 2019 landmark case Hamid Rehaif v. United States. In Rehaif, the Court ruled 7-2 in favor of an immigrant who was caught illegally possessing a handgun. Under the federal gun law, Hamid Rehaif would only have been guilty if he “knowingly violated” firearm laws. The case turned on whether the statute required Rehaif to be aware that his gun possession had been illegal [Rehaif had been using a gun at a firing range, ostensibly believing that he was entitled to do so].
Justice Stephen Breyer wrote for the Court, remarking, “Assuming compliance with ordinary licensing requirements, the possession of a gun can be entirely innocent.” Justices Samuel Alito and Clarence Thomas, however, disagreed. In Alito’s dissent, he warned that the Court’s ruling promises practical effects that “will be far reaching and cannot be ignored.” According to the dissenters, “tens of thousands of prisoners” would now have cause to appeal their convictions, even though many of them had pleaded guilty.
Gregory Greer and Michael Andrew Gary may be just two of those “tens of thousands.” Both cases involve facts markedly different from those in Rehaif, but what those differences mean for these defendants remains to be seen [....]