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Conley v. United States

79 A.3d 270 (2013)

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Conley v. United States

Court of Appeals for the District of Columbia

79 A.3d 270 (2013)

Facts

The District of Columbia passed a law, the Presence in a Motor Vehicle Containing a Firearm (PMVCF) statute, that made it a felony for any person to be voluntarily in a motor vehicle knowing that there was a firearm in the vehicle, unless the firearm was being lawfully carried or transported. The purpose of the PMVCF statute was to allow firearm convictions when a gun was found in a vehicle with multiple passengers and the evidence could not prove which passenger had possession of the weapon. After the PMVCF statute was passed, the District of Columbia police stopped a car with two occupants. A loaded handgun was in plain sight between the two front seats of the car. No fingerprints were found on the gun. The driver, Antwaun Conley (defendant) was charged with four firearm-possession charges and with one count under the PMVCF statute. Conley was acquitted on the possession charges but convicted on the PMVCF charge. Conley appealed, alleging that the statute was facially unconstitutional.

Rule of Law

Issue

Holding and Reasoning (Glickman, J.)

Concurrence (Thompson, J.)

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