Petitioner’s prior convictions qualify as violent felonies only if the “restoration of his civil rights” by operation of Massachusetts law “expressly provided that petitioner may not possess firearms.“ In 1994, [that was not so]. To the contrary: Petitioner was permitted to possess shotguns, rifles, and handguns. Indeed, Massachusetts provided petitioner with a firearm identification card that enabled him to possess such firearms.
The Court rejects this on the basis of ”a likely, and rational, congressional policy“ of prohibiting firearms possession by all ex-felons whose ability to possess certain firearms is in any way restricted by state law. I respectfully dissent.