National Rehaif v. U.S. - "knowingly"

[RicInOR]

Illegal Aliens, Guns, and Strict Liability

Title 18 U.S.C. § 922(g) basically provides that, "It shall be unlawful for any person" who has a felony conviction, who is an illegal alien, or who belongs to some other categories, "to possess" or "receive" "any firearm or ammunition." Title 18 U.S.C. § 924(a) provides that such people shall be punished if they "knowingly violate[]" § 922(g).

The "knowingly" requirement is often relevant when the question is whether someone knowingly possessed a gun. (Say the gun was in a bag they were carrying, and they claimed they were just carrying it for a friend and didn't know what was in it.) But what about the situations—admittedly rare ones—where the defendant claims he doesn't know that he has a disqualifying conviction, or that his right to remain in the country has lapsed, and he has turned from a formerly lawful visitor to an illegal alien?

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[MannyGlocks]

Ric,

I missed your overall point?

 

[RicInOR]

Ric,

I missed your overall point?

Only trying to share rulings which impact the firearms community.


Did I knowingly have 15 rounds in my magazine? When 5 is the max?
Did I knowingly possess a full auto ....

and section g should be familiar to all of us, as it matches 4473
18 U.S. Code § 922 - Unlawful acts

 

[Ura-Ki]

Ignorance of the law still qualifies, your still liable!

 

[Nocaster]

To summarize, this decision states that the government must prove the "knowingly" component of an alleged 922(g) violation. Prior to this decision the government was able to skate past this requirement.