United States v. Johnny Edward Stober

BARRETT, Circuit Judge,

dissenting:

I join in Judge Doyle’s dissenting opinion.

I have some observations in addition to those expressed by Judge Doyle which I believe support the view that the term “convicted” should be determined in accordance with federal law.

The statutes here involved are part and parcel of Title IV of the Omnibus Crime Control and Safe Streets Act of 1968. The legislative history of the act is clear on the point that the Congress was intent on preventing those with criminal backgrounds from possessing firearms. The urgency of a uniform application of federal law interpretive of the term “conviction” overrides a contrary state law interpretation, in my view.