Affirming the district court’s conviction of an unlawful possession of a firearm by a prohibited person, the Eighth Circuit Court of Appeals found there was sufficient evidence to support the unlawful possession of a firearm, in violation of 18 U.S.C. § 922(g). United States v. Two Hearts, 2022 WL 1207731 (8th Cir. 2022).

In Two Hearts, after an arrest warrant was issued for his arrest, law enforcement officers located Two Hearts on a city street. Prior to apprehending Two Hearts, law enforcement officers observed him removing bags from a vehicle and recorded him carrying the bags away from the vehicle. After arresting him, Two Hearts was questioned by law enforcement officers about the location of a gun since he was suspected of being armed. In response, Two Hearts denied knowing what the officer was talking about. Two Hearts was then asked if the bags belonged to him, for which he acknowledged that they were his bags. Two Hearts further stated that his mother could come pick up the bags for him. After searching Two Hearts, the law enforcement officer found no weapon or contraband on his person. However, upon searching the bags that Two Hearts was seen carrying, a loaded black handgun, with a round in the chamber, and a black holster were found. Law enforcement officers also found a Crown Royal bag that contained an empty cigar pouch with a rolled-up rubber glove. Within the rubber glove, a small plastic bag was found that contained a white crystal-like substance that ultimately tested positive for 0.26 grams of methamphetamine.

As a result of the finding of a gun, Two Hearts was charged with the unlawful possession of a firearm by a prohibited person. The Northern District of South Dakota found Two Hearts guilty of unlawful possession of a firearm on two alternative theories. First, the jury concluded that Two Hearts possessed methamphetamine at the time of his arrest, and that he was an unlawful user of a controlled substance under 18 U.S.C. § 922(g)(3). Secondly, the jury concluded Two Hearts knew his status as a convicted felon because Two Hearts signed a stipulation that he had been convicted of a crime punishable by a term of imprisonment exceeding one year for purposes of 18 18 U.S.C. § 922(g)(1). Upon appealing his conviction to the appellate court, the Eighth Circuit Court of Appeals upheld his conviction of unlawful possession of a firearm by a prohibited person.

The Eighth Circuit Court of Appeals found there was ample evidence from which a reasonable jury could conclude that Two Hearts was in constructive possession of a firearm from his physical control over the bags and his admission that the bags belonged to him. Specifically, law enforcement officers observed Two Hearts removing the bags from a vehicle. Two Hearts was observed carrying the bags before he was apprehended. Lastly, Two Hearts told law enforcement officers that the bags belonged to him, and that his mother could pick them up.

This decision illustrates that a prohibited person can be in constructive possession of a firearm if the person has physical control over a bag belonging to them that contains a firearm. Thereby, under federal law a prohibited person may be convicted of unlawful possession of any firearm or ammunition if the firearm or ammunition is on their person, or they have a firearm or ammunition in their belongings that they are controlling at a given time.

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