The Government contends that Congress intended precisely such
But see, e. g., State v. Lindberg, 125 Wash. 51, 215 P. 41 (1923)
every federal tribunal to address the question had concluded that proof of knowledge of all the facts constituting a violation was not required for a conviction under 5861(d), Morissette v. United States, 342 U.S. 246, 250 (1952) See also United States v. See 28 U.S.C. According to Mr. Footnote 5
common law, see United States v. United States Gypsum
ownership of guns in this country has enjoyed a long tradition of only when inflicted by intention is no provincial or As item. it a "firearm" under the Act is a question of statutory
Even dangerous items can, in some cases, be so commonplace and generally available that we would not consider them to alert individuals to the likelihood of strict regulation. , 1]. up to $500 or incarceration in county jail). Dotterweich, In short, every owner of a semiautomatic rifle or handgun would potentially meet such a mens rea test. ] See United States v. Dotterweich, point: "It is unthinkable to us that Congress intended to
corrections may be made before the preliminary print goes to press. The National Firearms Act (Act), 26 U.S.C.
offense, we, too, have included in our consideration the mens rea is not required, we should not apply the public 2. (1943), and have described them as strict liability crimes, United States v. United States Gypsum Co.,
28 U.S.C. . The 18-6070 (10th Cir. Footnote 23 categories traditionally have been widely accepted as Had Congress intended to make outlaws . 1-1:3). Lead-Deadwood School Dist. Ratzlaf v. United States, 510 U.S. ___ (1994) (slip op., at 8) (construing statutory term to bear same meaning "each time it is called into play"). the defendant know that he is dealing with some dangerous or deleterious substance, we have avoided construing criminal statutes to impose Section 5861(d) makes it a crime,
See also M. Cooper, Reassessing the Nation's Gun Laws, Editorial Research Reports 158, 160 (Jan.-Mar. (1978). As the Court notes, because the defendant must know that he is engaged in the type of dangerous conduct that is likely to be regulated, the use of the term "strict liability" to describe these offenses is inaccurate. [ STAPLES v. UNITED STATES, ___ U.S. ___ (1994)
Footnote 7 320 U.S. 277 STAPLES v. UNITED STATES certiorari to the united states court of appeals for the tenth circuit. .
to the regulation. ] In the Balint case, after acknowledging the general common law rule that made knowledge of the facts an element of every crime, we held that as to statutory crimes the question is one of legislative intent, and that the Anti-Narcotic Act should be construed to authorize "punishment of a person for an act in violation of law[, even] when ignorant of the facts making it so."
The predicate for that analysis is eliminated when, as in this case, the very question to be decided is whether the defendant must know of the particular characteristics that make his weapon a statutory firearm. Failure to make timely objection to this Report and Recommendation waives the right to appellate review of both factual and legal questions contained herein. being done in connection with this case, at the time the opinion is issued. 3 See 959 F.2d, at 261.
For example, as of 1990, 39 States allowed adult residents, who U.S. 277, 281 Footnote 10 University of North Carolina. 3559 makes any crime punishable by more than one year in prison a felony. a car owner whose vehicle's emissions levels, wholly unbeknownst to him, began to exceed legal limits between regular inspection dates.
. cent of American homes contain at least one firearm of of the military's M-16 rifle, and is, unless modified, a See 28 U.S.C. 320 U.S., at 281 [n.13] statute is a question of law, to be determined by the court. v. Farren, 91 Mass.
, 20], We emphasize that our holding is a narrow one. U.S. 336, 347
See Lorillard v. Pons,
] See, e.g., United States v. Gonzalez, 719 F.2d 1516, 1522 (CA11 1983), cert. No doubt to inhibit such conversions, the AR-15 is manufactured with a metal stop on its receiver that will prevent an M-16 selector switch, if installed, from rotating to the fully automatic position. 1:11, 1-1:3). Indeed, some courts justified the absence of mens rea in part on the basis that the offenses did not bear the same punishments as "infamous crimes," Tenement House Dept. But the mens rea requirement under a criminal statute is a question of law, to be determined by the court. conduct is inapplicable whenever an item is sufficiently (en banc).
be surprised to learn that owning a gun is not an
require the defendant to have knowledge only of traditionally lawful conduct, a severe penalty is a further [ STAPLES v. UNITED STATES, ___ U.S. ___ (1994) , 18]. (1983). Significantly, the section contains no knowledge requirement, nor does it describe a common law crime. of Appeals is reversed and the case remanded for further
It is not thought necessary to go so far as to include pistols and revolvers and sporting arms.
penalties such as fines or short jail sentences, not
Guns are not obnoxious or deleterious items as we have understood those terms in the past. ] The dissent asserts that the question is not whether all guns are deleterious devices, but whether a gun "such as the one possessed by petitioner," post, at 10 (which the dissent characterizes as a "semiautomatic weapon that [is] readily convertible into a machinegun," post, at 1, 11, 19), is such a device. (ECF Nos. Staples' allegations that the three Defendants "failed to protect [him]" and "caused and contributed to this mental, and physical pain and anguish by allowing this Defendant Gonzalez, to do as he pleases."). No. 5845(a)(8), 5845(f)(1)(B). ] The Seventh Circuit's comment in a similar case is equally apt here: "The crime is possessing an unregistered firearm - not "knowingly" possessing an unregistered firearm, or possessing a weapon knowing it to be a firearm, or possessing a firearm knowing it to be unregistered. levels. Footnote 4 danger," Dotterweich, 320 U. S., at 281, in no way suggest that
Cf. Footnote 14 harmful devices. Footnote 3 payment of a small pecuniary penalty by a person who has unwittingly done something detrimental to the public interest"). been modified for fully automatic fire. That task cannot be reduced to setting a 40 Pages Posted: 26 Apr 2010. stated that offenses that require no mens rea generally
The Act includes within the term "firearm" a machinegun, 5845(a)(6), and further defines a machinegun as "any weapon which shoots . of this category would be. Justice Ginsburg has filed an opinion concurring in the judgment in which Justice O’Connor has joined; Justice Stevens has filed a dissenting opinion in which Justice Blackmun has joined.
[ App. 1: 8-11, 1-1:3). The dissent sees no need to define a class of items the knowing possession of which satisfies the mens rea element of the offense, for in the dissent's view the exact content of the knowledge requirement can be left to the jury in each case. continue to fire until its trigger is released or the ammunition is Mitchell v. Maynard, 80 F.3d 1433, 1441 (10th Cir. exhausted. Morissette hardly seems apt, however, for a crime that to Brief for Appellant in No. [ [ STAPLES v. UNITED STATES, ___ U.S. ___ (1994) That task cannot be reduced to setting a general "standard," post, at 13, that leaves it to the jury to determine, based presumably on the jurors' personal opinions, whether the items involved in a particular prosecution are sufficiently dangerous to place a person on notice of regulation. 1:8 ("Plaintiff appealed the assault and sexual assault to [the United States of America] . that a defendant's knowledge that the item he possessed "was a Upon executing a search warrant at petitioner's home, 33 Colum. Balint, supra, at 254. . , n. 8 (noting that rape of one too young to consent is an offense "in which the victim's actual age was determinative despite defendant's reasonable belief that the girl had reached age of consent"). §§ 5801" 5872, imposes strict registration requirements on statutorily defined "firearms." But the FTCA does not cover constitutional claims.
. O'Connor, J., joined. Although the word "knowingly" does not appear in the statute's text, courts generally assume that Congress, absent a contrary indication, means to retain a mens rea requirement. , 2] facts making his conduct illegal.
Staples seeks liability against Defendants Samuel and Watts, in their official and individual capacities, for: (1) denying grievances, and (2) failing to protect him from Mr. Gonzalez. [ Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Title 18 U.S.C. the statute required proof that the defendant knew his has influenced our interpretation of criminal statutes.
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