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Leroy K. Smith v. United States

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Argued November 10, 2010

Before RUIZ and THOMPSON, Associate Judges, and NEBEKER, Senior Judge.

Appellant entered an unconditional guilty plea to three charges: attempted carrying a pistol without a license (“ACPWL”); possession of an unregistered firearm (“UF”); and unlawful possession of ammunition (“UA”).*fn1 After a suspended sentence and unsupervised probation, he filed a petition for writ of error coram nobis, which was denied by the trial court. On appeal, appellant contends that his convictions are invalid because: (1) the Armored Car Industry Reciprocity Act, 15 U.S.C. § 5902 (2006) (the “Armored Car Act”),*fn2 preempts our gun control laws; (2) the trial court erred by holding that the U.S. CONST. amend. II (the “Second Amendment”) right only protects firearm possession for the immediate purpose of self-defense in the home, and does not cover his possession of a pistol in his car when he was arrested; and (3) plea counsel provided ineffective assistance by failing to argue that the Armored Car Act preempts the District of Columbia’s gun laws and, thus, invalidates appellant’s convictions.

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