Bryan v. United States, 524 U.S. 184, 6 (1998)

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Cite as: 524 U. S. 184 (1998)

Opinion of the Court

The § 922(a)(1)(A) 7 offense at issue in this case is an "other provision" in the "willfully" category.

II

The jury having found petitioner guilty, we accept the Government's version of the evidence. That evidence proved that petitioner did not have a federal license to deal in firearms; that he used so-called "straw purchasers" in Ohio to acquire pistols that he could not have purchased himself; that the straw purchasers made false statements when purchasing the guns; that petitioner assured the straw purchasers that he would file the serial numbers off the guns; and that he resold the guns on Brooklyn street corners known for drug dealing. The evidence was unquestionably adequate to prove that petitioner was dealing in firearms, and that he knew that his conduct was unlawful.8 There was, however, no evidence that he was aware of the federal law that prohibits dealing in firearms without a federal license.

Petitioner was charged with a conspiracy to violate 18 U. S. C. § 922(a)(1)(A), by willfully engaging in the business of dealing in firearms, and with a substantive violation of that provision.9 After the close of evidence, petitioner requested that the trial judge instruct the jury that petitioner could be convicted only if he knew of the federal

"(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or

"(D) willfully violates any other provision of this chapter, "shall be fined under this title, imprisoned not more than five years, or both."

7 See n. 2, supra.

8 Why else would he make use of straw purchasers and assure them that he would shave the serial numbers off the guns? Moreover, the street corner sales are not consistent with a good-faith belief in the legality of the enterprise.

9 Although the prohibition against unlicensed dealing in firearms is set forth in § 922, see n. 2, supra, the criminal sanction is set forth in § 924(a)(1), see n. 6, supra.

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