FEDERAL MODELS BY OFFENSE - PRACTICE NOTES
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Felon In Possession: Foreign Predicate Conviction (18 USC 922(g)(1))

PRACTICE NOTE: A conviction for being a felon in possession of a firearm in violation of 18 USC 922(g)(1) cannot be based on a prior felony conviction in a foreign country. (See [NF] United States v. Gayle (2nd Cir. 8/27/2003, No. 02-1095) 2003 U.S. App. LEXIS 17900; see also United States v. Small (3rd Cir. 2003) 333 F3d 425; United States v. Atkins (4th Cir. 1989) 872 F2d 94; United States v. Winson (6th Cir. 1986) 793 F2d 754.)

Possession Of A Firearm By A Convicted Felon (18 USC 922(g)(1)) 

PRACTICE NOTE: United States v. Hartsock, 347 F.3d 1 (1st Cir. 2003) held that the uncounseled conviction exception to 18 USC 922(g)(9)’s prohibition on firearm possession by someone convicted of a misdemeanor crime of violence, 18 USC 921(a)(B)(i)(I), is an affirmative defense and not an element of the crime. Accordingly, the government need only prove the prior conviction; the defendant bears the burden of proving he is within the exception.