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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-445
- --------
- LENARD RAY BEECHAM, PETITIONER v.
- UNITED STATES
-
- KIRBY LEE JONES, PETITIONER v.
- UNITED STATES
- on writ of certiorari to the united states court
- of appeals for the fourth circuit
- [May 16, 1994]
-
- Justice O'Connor delivered the opinion of the Court.
- Today we construe three provisions of the federal fire-
- arms statutes:
- -It shall be unlawful for any person who has been
- convicted . . . [of] a crime punishable by imprison-
- ment for a term exceeding one year . . . [to possess]
- any firearm . . . .- 18 U. S. C. 922(g).
- -What constitutes a conviction . . . shall be deter-
- mined in accordance with the law of the jurisdiction
- in which the proceedings were held.- 921(a)(20)
- (the choice-of-law clause).
- -Any conviction which has been expunged, or set
- aside or for which a person has been pardoned or
- has had civil rights restored shall not be considered
- a conviction . . . .- Ibid. (the exemption clause).
- The question before us is which jurisdiction's law is to
- be considered in determining whether a felon -has had
- civil rights restored- for a prior federal conviction.
-
- I
- Each of the petitioners was convicted of violating
- 922(g). Beecham was convicted in Federal District
- Court in North Carolina, Jones in Federal District Court
- in West Virginia. Beecham's relevant prior conviction
- was a 1979 federal conviction in Tennessee, for violating
- 18 U. S. C. 922(h). App. 11. Jones' prior convictions
- were two West Virginia state convictions, for breaking
- and entering and for forgery, and one 1971 federal
- conviction in Ohio for interstate transportation of a
- stolen automobile. Id., at 19-20.
- Jones had gotten his civil rights restored by West Vir-
- ginia, so his two West Virginia state convictions were
- not considered. Beecham claimed his civil rights had
- been restored by Tennessee, the State in which he had
- been convicted of his federal offense. The question pre-
- sented to the District Courts was whether these restora-
- tions of civil rights by States could remove the disabi-
- lities imposed as a result of Beecham's and Jones' fede-
- ral convictions.
- In both cases, the District Courts concluded the
- answer was -yes,- though for different reasons: In
- Beecham's case the court looked to the law of the State
- in which the earlier federal crime was committed (Ten-
- nessee); in Jones' case the court looked to the law of the
- State in which Jones lived when he committed the
- 922(g) offense (West Virginia). The Fourth Circuit re-
- versed both rulings, reasoning that state restoration of
- civil rights could not undo the federal disability flowing
- from a federal conviction. We granted certiorari to re-
- solve the conflict this decision created with United
- States v. Edwards, 946 F. 2d 1347 (CA8 1991), and Uni-
- ted States v. Geyler, 932 F. 2d 1330 (CA9 1991). 510
- U. S. ___ (1993).
-
- II
- The question in this case is how the choice-of-law
- clause and the exemption clause of 921(a)(20) are re-
- lated. If, as the Fourth Circuit held, the choice-of-law
- clause applies to the exemption clause, then we must
- look to whether Beecham's and Jones' civil rights were
- restored under federal law (the law of the jurisdiction in
- which the earlier proceedings were held). On the other
- hand, if, as the Eighth and Ninth Circuits concluded,
- the two clauses ought to be read separately, see Geyler,
- supra, at 1334-1335; Edwards, supra, at 1349-1350,
- then we would have to come up with a special choice-of-
- law principle for the exemption clause.
- We think the Fourth Circuit's reading is the better
- one. Throughout the statutory scheme, the inquiry is:
- Does the person have a qualifying conviction on his rec-
- ord? Section 922(g) imposes a disability on people who
- -ha[ve] been convicted.- The choice-of-law clause defines
- the rule for determining -[w]hat constitutes a convic-
- tion.- The exemption clause says that a conviction for
- which a person has had civil rights restored -shall not
- be considered a conviction.- Asking whether a person
- has had civil rights restored is thus just one step in de-
- termining whether something should -be considered a
- conviction.- By the terms of the choice-of-law clause,
- this determination is governed by the law of the convict-
- ing jurisdiction.
- This interpretation is supported by the fact that the
- other three procedures listed in the exemption
- clause-pardons, expungements, and set-asides-are
- either always or almost always (depending on whether
- one considers a federal grant of habeas corpus to be a
- -set aside,- a question we do not now decide) done by
- the jurisdiction of conviction. That several items in a
- list share an attribute counsels in favor of interpeting
- the other items as possessing that attribute as well.
-
- Dole v. Steelworkers, 494 U. S. 26, 36 (1990); Third Nat.
- Bank in Nashville v. Impac Limited, Inc., 432 U. S. 312,
- 322 (1977); Jarecki v. G. D. Searle & Co., 367 U. S. 303,
- 307 (1961). Though this canon of construction is by no
- means a hard and fast rule, it is a factor pointing to-
- wards the Fourth Circuit's construction of the statute.
- In light of the statutory structure, the fact that both
- clauses speak of -conviction[s]- rebuts the Eighth and
- Ninth Circuits' argument that the two clauses -pertain
- to two entirely different sets of circumstances---the
- question of what constitutes a conviction- and -the effect
- of post-conviction events.- Geyler, supra, at 1334-1335;
- see also Edwards, supra, at 1349. The exemption clause
- does not simply say that a person whose civil rights
- have been restored is exempted from 922(g)'s firearms
- disqualification. It says that the person's conviction
- -shall not be considered a conviction.- The effect of
- postconviction events is therefore, under the statutory
- scheme, just one element of the question of what con-
- stitutes a conviction.
- Likewise, the presence of the choice-of-law clause
- rebuts the Eighth and Ninth Circuits' argument that the
- -plain, unlimited language,- Edwards, supra, at 1349;
- see also Geyler, supra, at 1334, of the exemption
- clause-with its reference to -[a]ny conviction . . . for
- which a person has . . . had civil rights restored-
- (emphasis added)-refers to all civil rights restorations,
- even those by a jurisdiction other than the one in which
- the conviction was entered. Regardless of what the
- quoted phrase might mean standing alone, in conjunc-
- tion with the choice-of-law clause it must refer only to
- restorations of civil rights by the convicting jurisdiction.
- The plain meaning that we seek to discern is the plain
- meaning of the whole statute, not of isolated sentences.
- See King v. St. Vincent's Hospital, 502 U. S. ___, ___
- (1991) (slip op., at 5-7); Massachusetts v. Morash, 490
- U. S. 107, 115 (1989); Shell Oil Co. v. Iowa Dept. of Re-
- venue, 488 U. S. 19, 26 (1988).
- We are also unpersuaded by the Ninth Circuit's argu-
- ment that -[b]ecause there is no federal procedure for
- restoring civil rights to a federal felon, Congress could
- not have expected that the federal government would
- perform this function,- and that therefore -[t]he refer-
- ence in 921(a)(20) to the restoration of civil rights must
- be to the state procedure.- Geyler, 932 F. 2d, at 1333.
- This reasoning assumes that Congress intended felons
- convicted by all jurisdictions to have access to all the
- procedures (pardon, expungement, set-aside, and civil
- rights restoration) specified in the exemption clause; but
- nothing in 921(a)(20) supports the assumption on which
- this reasoning is based. Many jurisdictions have no pro-
- cedure for restoring civil rights. See Apps. A and B to
- Brief for Petitioners (indicating that at least 12 States-
- Arkansas, Indiana, Kentucky, Maryland, Missouri, New
- Jersey, Oklahoma, Pennsylvania, Rhode Island, Texas,
- Vermont, and Virginia suspend felons' civil rights but
- provide no procedure for restoring them); see, e.g.,
- Mo. Rev. Stat. 561.026 (1979 and Supp. 1994); United
- States v. Thomas, 991 F. 2d 206, 213-214 (CA5) (Texas
- law), cert. denied, 510 U. S. ___ (1993). However one
- reads the statutory scheme-as looking to the law of the
- convicting jurisdiction, or to the law of the State in
- which the prior conduct took place, or to the law of the
- State in which the felon now lives or has at one time
- lived-people in some jurisdictions would have options
- open to them that people in other jurisdictions may lack.
- Under our reading of the statute, a person convicted in
- federal court is no worse off than a person convicted in
- a court of a State that does not restore civil rights.
- Because the statutory language is unambiguous, the
- rule of lenity, which petitioners urge us to employ here,
- is inapplicable. See Chapman v. United States, 500
- U. S. 453, 463-464 (1991). Of course, by denying the
- existence of an ambiguity, we do not claim to be perfectly
- certain that we have divined Congress' intentions as to
- this particular situation. It is possible that the phrases
- on which our reading of the statute turns--[w]hat
- constitutes a conviction- and -shall not be considered a
- conviction--were accidents of statutory drafting; it is
- possible that some legislators thought the two sentences
- of 921(a)(20) should be read separately, or, more likely,
- that they never considered the matter at all. And we
- recognize that in enacting the choice-of-law clause,
- legislators may have been simply responding to our
- decision in Dickerson v. New Banner Institute, Inc., 460
- U. S. 103 (1983), which held that federal law rather
- than state law controls the definition of what constitutes
- a conviction, not setting forth a choice-of-law principle
- for the restoration of civil rights following a conviction.
- But our task is not the hopeless one of ascertaining
- what the legislators who passed the law would have de-
- cided had they reconvened to consider petitioners' parti-
- cular case. Rather, it is to determine whether the lan-
- guage the legislators actually enacted has a plain, un-
- ambiguous meaning. In this case, we believe it does.
-
- III
- We therefore conclude that petitioners can take advan-
- tage of 921(a)(20) only if they have had their civil
- rights restored under federal law, and accordingly affirm
- the judgment of the Court of Appeals.
- So ordered.
-