Defense of Innocent Possession

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7^th Circuit Court of Appeals

Case Name: United States of America v. Steven Sorensen

Case No.: 22-1801

Officials: Easterbrook, Ripple, and Wood, Circuit Judges.

Focus: Defense of Innocent Possession

Sorensen’s friend Berg instructed him to drive a Subaru and follow him. However, Sorensen ended up getting lost and spent the night sleeping in the Subaru, waking up the next day. Later, Sorensen picked up Charles and noticed a handgun in the driver-side door. Both Sorensen and Charles had previous felony records. Sorensen, thinking that a Goodwill parking lot had a drop box for discreetly disposing of illegal items without involving the police, drove there and exited the car with the gun. Unbeknownst to him, the police had received a report about the stolen Subaru, which contained a loaded revolver and ammunition. Upon discovering the Subaru, the officers arrested Charles. In a state of panic, Sorensen overheard Charles conversing with the officers and decided to hide the gun on a shelf within the Goodwill store. A Goodwill employee alerted the officers about a man (Sorensen) who had been hiding in a maintenance closet and fled upon being discovered. Subsequently, the officers apprehended Sorensen, finding the Subaru keys on his person. Sorensen revealed the location of the gun, which the officers then recovered. It’s worth noting that there were numerous individuals, including children, present in the store during this incident.

Sorensen was charged with a violation of 18 U.S.C. 922(g)(1) and sought to present a defense of innocent possession. However, the Seventh Circuit affirmed his conviction, stating that previous rulings in the circuit did not recognize an innocent possession defense for section 922(g)(1). Even if a broad interpretation of the defense were considered, Sorensen would not qualify as he failed to take reasonable steps to surrender the firearm directly to law enforcement or through a third party.

Affirmed.

Decided 07/11/23

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