Mistaken Belief in Civil-Rights Restoration Does Not Negate Knowledge of Felony Status Under § 922(g)(1)

Case: United States v. Thomas Windham, No. 25-13551
Court: United States Court of Appeals for the Eleventh Circuit
Date: October 20, 2026
Disposition: Conviction affirmed; unpublished per curiam opinion.

1. Introduction

The Eleventh Circuit’s decision addresses the boundary between knowledge of a prohibited status and a mistaken understanding of an exception to federal firearms law. Thomas Kennon Windham conceded that he knowingly possessed a firearm and knew he had previously been convicted of a crime punishable by more than one year’s imprisonment. Nevertheless, he argued that he believed Alabama had restored his civil rights and therefore did not know he belonged to the category of persons prohibited from possessing firearms.

The appeal presented two related but distinct questions:

  1. Does a mistaken belief that civil rights have been restored negate the knowledge-of-status requirement recognized in Rehaif v. United States?
  2. Did Windham’s proposed evidence establish a sufficient basis to raise the actual civil-rights-restoration exception under 18 U.S.C. § 921(a)(20)?

The court answered both questions no. Its central distinction was between knowing the facts establishing felony status and understanding whether a statutory exception removes the resulting firearms disability. A misunderstanding of the latter does not negate the former.

Because the opinion is designated “Not for Publication,” it is not binding Eleventh Circuit precedent. Its significance lies in applying existing circuit decisions to the interaction between felony-status knowledge and civil-rights restoration.

2. Background and Procedural History

On May 24, 2023, two women reported that someone had fired shots at their car. Officers investigating the report went to Windham’s home. He admitted firing at the women three times and showed officers the 12-gauge shotgun he had used. A federal grand jury subsequently indicted him for possessing a firearm as a felon under 18 U.S.C. § 922(g)(1).

Before trial, Windham stipulated that he knowingly possessed the firearm and knew “he had previously been convicted of a felony for which the punishment was greater than one year.” His proposed defense instead concerned his understanding of the legal consequences of that conviction. He sought to introduce evidence that he:

  • Completed his state sentence;
  • Registered to vote and successfully voted;
  • Appeared for jury service, although he was struck; and
  • Had limited cognitive abilities that made legal concepts difficult for him to understand.

Windham maintained that these circumstances supported his belief that his civil rights had been restored. The district court excluded the evidence, treating actual restoration as an objective statutory question and placing the initial burden of producing supporting evidence on Windham.

When addressing the proposed expert testimony, the district court also considered an alternative rationale: even assuming a mistaken belief could negate the required knowledge, Windham’s belief was unreasonable. He had not communicated with Alabama to obtain restoration and had not sufficiently established restoration of his jury-service or public-office rights.

Windham pleaded guilty while reserving his right to appeal the rulings concerning § 921(a)(20). The appellate decision therefore reviewed the challenged legal and evidentiary rulings following a reserved-rights guilty plea, not a jury verdict.

3. Summary of the Opinion

The Eleventh Circuit affirmed on two independent grounds.

A. A mistaken belief in restoration does not negate felony-status knowledge

Under Rehaif v. United States, the government must establish that a defendant knew he possessed a firearm and knew he belonged to the relevant prohibited category. For Windham, that meant knowledge of his qualifying felony conviction. His stipulation supplied that knowledge.

The civil-rights-restoration provision, however, creates an exception for an otherwise qualifying conviction. It does not add a requirement that the government prove the defendant knew that his civil rights remained unrestored. Windham’s mistaken understanding therefore supplied no additional knowledge issue for the government to disprove.

B. Windham failed to produce evidence of actual restoration

The court separately held that Windham had not met his initial evidentiary burden under § 921(a)(20). Alabama does not automatically restore civil rights when a person completes a prison sentence. Its restoration process requires formal state action through the applicable certificate procedure.

Windham produced no evidence that he had sought or received such restoration. Voting and responding to a jury summons did not substitute for proof of compliance with Alabama law. Moreover, he had not established that his convictions had caused the loss of those particular rights in the first place.

4. Analysis

A. Statutory Framework and Standards of Review

Section 922(g)(1) prohibits firearm possession by a person convicted of a “crime punishable by imprisonment for a term exceeding one year.” Section 924(a)(8) supplies the penalty for knowingly violating that prohibition. Section 921(a)(20), meanwhile, excludes certain convictions from serving as predicates, including convictions for which civil rights have been restored, subject to the statutory framework.

The appeal involved both evidentiary discretion and statutory interpretation. The court reviewed evidentiary rulings for abuse of discretion, but reviewed legal questions—including the proper interpretation of the statutes and whether a state conviction qualifies as a predicate—de novo. Thus, although the challenged decisions concerned excluded evidence, their validity depended principally on what the federal statutes required the government and defendant to establish.

B. Precedents Cited and Their Influence

1. Rehaif v. United States, 588 U.S. 225 (2019)

Rehaif v. United States supplied the knowledge-of-status requirement at the center of Windham’s argument. The Supreme Court held that a § 922(g) prosecution requires proof that the defendant knew he possessed a firearm and knew he belonged to the relevant prohibited category. Its discussion also recognized that a mistake concerning a collateral legal matter can sometimes negate an offense element.

Windham sought to characterize restoration as just such a collateral matter. The Eleventh Circuit rejected that extension. It contrasted Windham’s admitted knowledge with the Supreme Court’s example of someone convicted of an offense but sentenced only to probation, who might not know the offense carried a qualifying potential punishment. Windham had expressly admitted the relevant knowledge. The remaining dispute concerned an exception to the prohibition, not ignorance of the status-defining facts.

2. United States v. Johnson, 981 F.3d 1171 (11th Cir. 2020)

This was the closest doctrinal analogue. United States v. Johnson involved the firearms prohibition applicable to persons convicted of misdemeanor crimes of domestic violence. It distinguished § 921(a)(33)(A), which defines the qualifying offense, from § 921(a)(33)(B), which creates exceptions, including civil-rights restoration.

The government must prove knowledge of the facts that make an offense satisfy the relevant defining elements. But a defendant must first produce evidence supporting an exception. A belief that restoration permits firearm possession concerns whether federal law personally prohibits the defendant’s conduct, not whether the defendant knows the underlying status-defining facts.

The Windham panel treated that distinction as directly applicable to § 921(a)(20). Windham’s admitted knowledge of his felony conviction left “nothing for the government to refute” concerning his asserted misunderstanding of restoration.

3. United States v. Shamsid-Deen, 61 F.4th 935 (11th Cir. 2023)

United States v. Shamsid-Deen concerned the exception addressing certain defects involving jury-trial or counsel rights in misdemeanor domestic-violence convictions. It distinguished a defense that cancels an essential element from a substantive exception that prevents an otherwise qualifying conviction from operating as a predicate.

The court relied on that distinction to classify civil-rights restoration. Like the exception considered there, restoration does not negate a criminal state of mind; it removes a qualifying conviction from the statute’s operation when the exception’s objective requirements are satisfied. This structural analysis reinforced the conclusion that Rehaif v. United States did not create a knowledge requirement for every statutory exception.

4. Elonis v. United States, 575 U.S. 723 (2015), and Cheek v. United States, 498 U.S. 192 (1991)

The opinion invoked Elonis v. United States through United States v. Johnson for the principle that a defendant ordinarily must know the facts bringing his conduct within an offense, rather than know that those facts make the conduct criminal. That principle explains why knowledge of a qualifying conviction differs from knowledge of the resulting federal firearms prohibition.

Cheek v. United States appeared through the discussion in Rehaif v. United States concerning mistake of law. Its role was to frame the qualification to the usual rule that ignorance of the law is no excuse: a legal mistake may matter when it negates the mental state the offense actually requires. The panel concluded that Windham’s mistake did not do so. Neither authority was treated as establishing an unrestricted mistake-of-law defense.

5. United States v. Laroche, 723 F.2d 1541 (11th Cir. 1984), and United States v. Jackson, 57 F.3d 1012 (11th Cir. 1995)

United States v. Laroche supported treating statutory exceptions as affirmative defenses that a defendant must raise. United States v. Jackson applied the burden-of-production principle to § 921(a)(20), explaining that defendants are ordinarily better positioned to produce information concerning restoration of their civil rights.

These cases established the procedural allocation central to Windham’s second argument. The government retains the burden of proving the offense elements, but the defendant must first present sufficient evidence to put the restoration exception in issue. The opinion did not shift the burden of proving the offense to Windham or resolve every question about burdens after a defendant makes an adequate initial showing.

6. Beecham v. United States, 511 U.S. 368 (1994), and United States v. Nix, 438 F.3d 1284 (11th Cir. 2006)

Beecham v. United States established that restoration is governed by the law of the convicting jurisdiction. Because Windham’s predicate conviction arose in Alabama, Alabama’s restoration rules controlled.

United States v. Nix supplied the relevant state-law framework: Alabama does not automatically restore civil rights upon release from imprisonment. Instead, a person may petition the Alabama Board of Pardons and Paroles, which determines the rights to be restored. These authorities made completion of Windham’s sentence insufficient and directed attention to formal restoration rather than his personal understanding of his legal position.

7. United States v. Thompson, 702 F.3d 604 (11th Cir. 2012)

Windham relied on United States v. Thompson, but the comparison undermined his position. There, the defendant had obtained an Alabama certificate restoring voting rights, yet the restoration defense failed because jury-service and public-office rights had not been restored.

The case demonstrated that restoration of voting rights alone does not necessarily satisfy the federal exception. Windham’s proof was weaker still: he had no restoration certificate. The opinion also cited this authority for treating the qualification of a state conviction as a federal firearms predicate as a legal question.

8. United States v. Swanson, 947 F.2d 914 (11th Cir. 1991); James v. United States, 19 F.3d 1 (11th Cir. 1994); and United States v. Fowler, 198 F.3d 808 (11th Cir. 1999)

The court cited these decisions as examples of Alabama restoration litigation involving certificates issued by the state parole board. Their collective role was evidentiary and institutional: they illustrated the formal restoration mechanism recognized in the circuit’s Alabama cases.

The panel did not discuss their individual holdings in detail or suggest that any certificate necessarily establishes a complete defense. Rather, it used them to emphasize the absence of the threshold documentation in Windham’s case.

9. United States v. Wilk, 572 F.3d 1229 (11th Cir. 2009); United States v. Drury, 396 F.3d 1303 (11th Cir. 2005); and United States v. Alabama, 778 F.3d 926 (11th Cir. 2015)

These authorities governed appellate review rather than the substantive restoration issue. United States v. Wilk supplied the abuse-of-discretion standard for evidentiary rulings, including the principle that applying the wrong legal standard constitutes an abuse of discretion. United States v. Drury supplied the harmless-error limitation on reversal for evidentiary mistakes. United States v. Alabama established de novo review of legal and statutory-interpretation questions.

The opinion recited harmless-error doctrine but resolved the appeal by concluding that the evidence did not support either proposed defense, rather than by developing a separate harmless-error analysis.

C. The Court’s Legal Reasoning

Knowledge of status is not knowledge of the absence of an exception

The decisive analytical move was to separate provisions defining prohibited status from provisions excusing an otherwise qualifying conviction. The former bear on what the government must prove the defendant knew. The latter may provide a defense when their conditions actually exist, without requiring proof that the defendant understood their nonexistence.

Windham’s theory would effectively have required the government to prove that he knew his rights had not been restored. The court found no basis for adding that requirement. His stipulation established awareness of the qualifying conviction; his restoration belief concerned its continuing legal consequences.

This reasoning does not mean that every mistake involving legal status is irrelevant. The opinion accepted the possibility recognized in Rehaif v. United States that a collateral legal misunderstanding can negate an element. It held more narrowly that misunderstanding this restoration exception does not negate the required felony-status knowledge.

Actual restoration depends on state law, not perceived permission

The objective restoration inquiry failed because Alabama requires formal action. The court emphasized Alabama Code § 15-22-40, under which restoration outside the prescribed certificate process is “null and void.” Neither sentence completion nor apparent participation in civic life established that the state had taken the required action.

The voting and jury-service evidence also contained a more basic ambiguity. Alabama removes those rights only for qualifying crimes involving moral turpitude. The record did not establish that Windham had been convicted of such an offense. Consequently, his ability to vote or receive a jury summons did not necessarily demonstrate restoration: it might instead reflect rights he had never lost.

The sincerity or reasonableness of the belief was not decisive

The district court had considered whether Windham’s asserted misunderstanding was reasonable. The appellate court adopted a more fundamental rationale: the asserted belief was not a legally available defense in this setting. Evidence of limited cognitive abilities could help explain a misunderstanding, but it could not make that misunderstanding relevant to an element already satisfied by Windham’s stipulation.

Accordingly, the decision should not be read as creating a general restriction on cognitive evidence in criminal cases. Its treatment of that evidence depended on the particular defense offered and the knowledge Windham had conceded.

D. Potential Impact and Limits

The opinion offers practical guidance for federal firearms prosecutions. A defendant who admits knowledge of a qualifying conviction cannot create an additional knowledge issue merely by asserting a belief that civil rights were restored. Prosecutors need not disprove that subjective belief as part of the offense’s knowledge requirement.

For defense counsel, the decision underscores the importance of identifying the correct theory. An actual restoration defense requires evidence of legally effective restoration, not merely evidence explaining why the client thought firearm possession was permissible. In Alabama cases, obtaining and examining the relevant certificate is therefore critical; even then, the scope of the restored rights remains important.

The ruling also discourages treating administrative events—such as successful voter registration or receipt of a jury summons—as conclusive proof of restoration. Those events may have explanations unrelated to any formal restoration decision.

Its reach nevertheless has important limits:

  • State-law specificity: The certificate analysis concerns Alabama. Other jurisdictions may restore rights through different mechanisms.
  • Admitted knowledge: Windham expressly conceded knowledge of his qualifying conviction. The decision does not eliminate genuine disputes over that knowledge in other cases.
  • No complete certificate analysis: Because Windham lacked evidence of formal restoration, the court did not resolve every issue that a valid certificate might present.
  • Unpublished status: The opinion’s influence is persuasive; the binding doctrinal foundation comes from the published authorities it applies.

5. Complex Concepts Simplified

Predicate conviction
A prior conviction used as the legal basis for the federal firearms prohibition. Here, it was a conviction for an offense punishable by more than one year in prison.
Knowledge of status
Awareness of the facts placing someone in a prohibited category—for Windham, knowing he had the qualifying conviction. It does not require knowing the full federal legal consequences.
Mistake of law
A misunderstanding of what the law permits or requires. Such a mistake ordinarily does not excuse criminal conduct, although it can matter when it negates a mental state the particular offense requires.
Affirmative defense
A separate legal basis for avoiding liability despite an otherwise qualifying offense. Actual civil-rights restoration is such a defense; merely believing restoration occurred is not equivalent to establishing it.
Burden of production
The obligation to introduce enough supporting evidence to put an issue before the court. It is distinct from the government’s burden to prove the crime’s elements beyond a reasonable doubt.
Rights retained versus rights restored
Retained rights were never lost. Restored rights were lost and later returned through a legally effective process. Exercising a right does not, by itself, establish which situation applies.
De novo review
Independent appellate consideration of a legal question, without deferring to the district court’s interpretation.

6. Conclusion

United States v. Thomas Windham draws a clear distinction between knowing one has a qualifying felony conviction and understanding whether civil-rights restoration removes its federal firearms consequences. Windham admitted the former, and his mistaken belief about the latter did not negate it.

The actual restoration defense failed independently because he produced no evidence of the formal restoration Alabama requires. The opinion’s broader lesson is that a subjective belief in restored rights cannot substitute either for a missing offense element or for proof of legally effective restoration.