Dicta from a recent ruling by Judge James in the W. D. of Louisiana suggests that it is.

In 1993, the Defendant pled guilty to felony conspiracy to violate (1) the Communications Act of 1934, and (2) criminal copyright infringement.  This past November, the Defendant was arrested for stalking.  At the time of his arrest he was packing a pistol.

18 U.S.C. 922(g)(1) makes it a crime for “any person … convicted in any court of, a crime punishable by imprisonment for a term exceeding one year … to … possess … any firearm.”  However, 18 U.S.C. 921(a)(20)(A) excludes “Federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices.”

The Defendant asked for dismissal on the grounds that the felony conviction (based on copyright infringement and violation of the Communication’s Act of ’34) was not an offense that prohibited him from possessing a firearm.

The Court denied on the grounds that the underlying felony conviction was the charged violation (conspiracy), not the facts underlying the conviction (copyright infringement or the violation of the Communications Act).   See Dreher v. U.S. on Behalf of U.S. Bureau of Alcohol, Tobacco and Firearms, 115 F.3d 330 (5th Cir.1997).  So, the Court didn’t ultimately rule on whether a conviction for criminal copyright infringement is  a crime that makes it illegal to carry a firearm.

But Judge James noted in a footnote:

Even if this Court could look to the underlying purpose of the conspiracy, the Court agrees with the Government that, in essence, the unlawful purpose was not an unfair business practice or unfair competition, but theft of copyright-protected satellite programming. See . . . 17 U.S.C. § 506(a) (To prove a violation of the criminal copyright infringement statute, the Government must show (1) a valid copyright, (2) that the defendant/conspirator willfully infringed on the copyright, and (3) that the infringement was for commercial advantage or private financial gain).

United States v. Coleman, 08 cr 00376 RGJ KLH 1, 2009 WL 302169 (W.D. La. Feb. 6, 2009)