Innocent possession defense unavailable against charge of being felon-in-possession of ammunition

AFFIRMATIVE DEFENSE United States v. Baker, No. 07-3002, ___ F.3d ___ (10th Cir. Feb. 28, 2008)(Kansas)(ordered published April 29, 2008) Appeal of convictions for being felon in possession of ammunition and possession of stolen ammunition , in violation of 18 U.S.C. § 922(g)(1), and 18 U.S.C. § 922(j). HELD: Defendant charged with crime of being felon in possession of ammunition, 18 U.S.C. § 922(g)(1), may not invoke the affirmative defense of “innocent possession.” By prohibiting knowing, as opposed to willful possession of firearm or ammunition, Congress intended that felon possessing firearm or ammunition always will be guilty once he knowingly possesses a weapon, without regard to how or why he came into possession or for how long possession was retained, even if intent was to retrieve firearm or ammunition from area where children were playing with further intent to take weapon to police. NOTE: Rehearing denied by three judge panel (one judge dissenting). En banc rehearing denied (one judge dissents and four would grant rehearing). Read the opinion, orders denying rehearing and en banc rehearing, and dissents here.