U.S. v. Bowling

Federal 7th Circuit Court
Criminal Court
Firearms
Citation
Case Number: 
No. 13-3895
Decision Date: 
November 7, 2014
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Reversed and remanded
In prosecution on charge of making false statements in connection with purchase of firearm, Dist. Ct. erred in precluding defendant from asserting mistake of fact defense under circumstances, where defendant answered “no” to question as to whether he was under indictment or information for felony charge, and where, while defendant was facing felony charge at time he made statement, he alleged that he had been previously offered plea deal that would have dismissed said charge. Knowledge and intent elements of instant firearms charge may be negated by evidence that defendant labored under honest misunderstanding of facts, and defendant was entitled to ask prosecutor whether plea offer was communicated prior to date he answered instant question when attempting to purchase firearm.