Miller V Commonwealth

492 S.E.2d 482 (1997)

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Nature of the Case

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Facts

As a convicted felon, D knew he was prohibited from possessing a firearm. D, a lifetime hunter, sold his hunting guns following his conviction. He continued to hunt with a bow and arrows until his bow was stolen. D sought to determine whether he could possess a muzzle-loading rifle. Virginia law distinguished muzzle-loading rifles from other guns and did not require a criminal background check to be performed on anyone seeking to purchase muzzle-loading rifles. Virginia also defined different hunting seasons and issued different licenses to hunters using muzzle-loading rifles. D spoke with his probation officer, who told him he could have a muzzle-loading rifle. D also talked to the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) and the Virginia Department of Game and Inland Fisheries (VDGIF), and representatives from each. They knew D was a convicted felon and all told him he could have a muzzleloader. Relying on their statements D purchased a muzzleloader and obtained a license to hunt with it. D knowingly and intentionally possessed a muzzle-loading rifle. Police discovered the muzzleloader and D was charged with possession of the gun as a convicted felon. D argued at trial that his muzzleloader was not a 'firearm' within the meaning of the statute. D argued in part at trial that his 'good faith reliance' on the advice he received regardless of the accuracy of that advice, precludes his conviction. D claimed that he was denied due process of law under the Fourteenth Amendment. The court disagreed and D was convicted. D appealed.