No. 18-7451

Shane Cox v. United States

Lower Court: Tenth Circuit
Docketed: 2019-01-16
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: affirmative-defense criminal-procedure due-process due-process-right-to-present-defense federal-preemption federal-prosecution firearms-regulation kansas-law second-amendment short-barreled-rifles silencers state-rights
Key Terms:
SecondAmendment DueProcess FirstAmendment JusticiabilityDoctri
Latest Conference: 2019-06-06 (distributed 2 times)
Related Cases: 18-936 (Vide)
Question Presented (AI Summary)

Did the district court deny Mr. Cox his due process right to present a defense when it precluded Mr. Cox from arguing to the jury that his reliance on the Kansas Second Amendment Protection Act could be considered an affirmative defense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Shane Cox owned an army surplus store in Chanute, Kansas. The store sold the usual stock (duffle bags, peppery spray, stun guns, knives), but not firearms, as Mr. Cox did not have a federal firearms license. In 2013, however, the Kansas legislature passed, and the governor signed, the Kansas Second Amendment Protection Act (codified at KSA § 50-1201 et seq.). The Act generally exempts all firearms or firearm accessories within Kansas from any federal law or regulation, including any federal registration program. With this law on the books, Mr. Cox made a short-barreled rifle for himself. He also made silencers and sold them in his store in a glass case alongside a copy of the Kansas Act. But the federal government prosecuted him anyway under the National Firearms Act, 26 U.S.C. § 5801 et seq., and a jury convicted him of possessing the unregistered short-barreled rifle and an unregistered silencer, as well as transferring unregistered silencers. The jury did so only after the district court instructed it that Mr. Cox’s reliance on the Kansas Act was not an affirmative defense. The Tenth Circuit affirmed, and also held that the Second Amendment does not protect silencers or short-barreled rifles. The questions presented are: I. Did the district court deny Mr. Cox his due process right to present a defense when it precluded Mr. Cox from arguing to the jury that his reliance on the Kansas Second Amendment Protection Act could be considered an affirmative defense. II. Are short-barreled rifles and silencers protected by the Second Amendment. i

Docket Entries

2019-06-10
Petition DENIED.
2019-06-03
DISTRIBUTED for Conference of 6/6/2019.
2019-05-22
Rescheduled.
2019-05-17
Reply of petitioner Shane Cox filed. (Distributed)
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-01
Brief of respondent United States in opposition filed.
2019-04-11
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2019.
2019-04-10
Motion to extend the time to file a response from April 17, 2019 to May 1, 2019, submitted to The Clerk.
2019-03-01
Motion to extend the time to file a response from March 18, 2019 to April 17, 2019, submitted to The Clerk.
2019-03-01
Motion to extend the time to file a response is granted and the time is further extended to and including April 17, 2019.
2019-02-07
Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2019.
2019-02-06
Motion to extend the time to file a response from February 15, 2019 to March 18, 2019, submitted to The Clerk.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 15, 2019)

Attorneys

Shane Cox
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent