Justification Defense in Felon-in-Possession Case Possible, But Unwarranted This Time

U.S. v. Butler, -- F.3d --, 2007 WL1314520 (10th Cir. 5/7/07) - although the court decides that a justification instruction is theoretically available in a § 922(g)(1) case, the district court properly refused to give the instruction under the circumstances here. While Mr. Butler may have been in imminent danger of death or serious bodily injury for four to six weeks from an individual who gave him a gun and insisted he carry out a murder, the plan was eventually abandoned. Butler waited two to four more days before turning the gun in to police. The evidence thus was insufficient to permit the jury to reasonably find the continuing urgent danger required to support a justification defense.