Cite as: 522 U. S. 252 (1998)
Opinion of Stevens, J.
ingly possessed a 'firearm,' as defined above." Since the term "firearm" had been "defined above" to include a silencer, that instruction required the jury to determine that petitioner knew that the item he possessed was a silencer. The instruction telling the jury that the Government need not prove that petitioner knew that his gun "was a 'firearm' which the law requires to be registered" is best read as merely explaining that a conviction did not require the jury to find that petitioner knew that the law required registration of the silencer. Under United States v. Freed, 401 U. S. 601, the Government was entitled to such an instruction. Pp. 256-259.
Justice O'Connor concluded that it is sufficient to dismiss the writ that the instructions tendered by the District Court were ambiguous on whether the jury was asked to find, as is required by Staples v. United States, 511 U. S. 600, that petitioner knew that the item he possessed was a silencer. As a result, it is at least unclear whether the question the Court intended to address in this case is squarely presented. P. 259.
Stevens, J., announced the decision of the Court and delivered an opinion, in which Thomas, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed an opinion concurring in the result, in which Scalia, J., joined, post, p. 259. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and Souter, J., joined, post, p. 260.
Javier H. Rubinstein argued the cause for petitioner. With him on the briefs were James D. Holzhauer, Robert M. Dow, Jr., Gary S. Feinerman, and Richard C. Klugh.
Jonathan E. Nuechterlein argued the cause for the United States. With him on the brief were Acting Solicitor General Waxman, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Louis M. Fischer.
Justice Stevens announced the decision of the Court and delivered an opinion, in which Justice Thomas, Justice Ginsburg, and Justice Breyer join.
We granted certiorari, 520 U. S. 1239 (1997), to decide whether a district court's failure to instruct the jury on an element of an offense is harmless error where, at trial, the defendant admitted that element. Because we have concluded that the question is not fairly presented by the record, we dismiss the writ as improvidently granted.
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