Bryan v. United States, 524 U.S. 184, 7 (1998)

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190

BRYAN v. UNITED STATES

Opinion of the Court

licensing requirement,10 but the judge rejected this request. Instead, the trial judge gave this explanation of the term "willfully":

"A person acts willfully if he acts intentionally and purposely and with the intent to do something the law forbids, that is, with the bad purpose to disobey or to disregard the law. Now, the person need not be aware of the specific law or rule that his conduct may be violating. But he must act with the intent to do something that the law forbids." 11

Petitioner was found guilty on both counts. On appeal he argued that the evidence was insufficient because there was no proof that he had knowledge of the federal licensing requirement, and that the trial judge had erred by failing to instruct the jury that such knowledge was an essential element of the offense. The Court of Appeals affirmed. 122 F. 3d 90 (CA2 1997). It concluded that the instructions were proper and that the Government had elicited "ample proof" that petitioner had acted willfully. App. 22.

Because the Eleventh Circuit has held that it is necessary for the Government to prove that the defendant acted with knowledge of the licensing requirement, United States v. Sanchez-Corcino, 85 F. 3d 549, 553-554 (1996), we granted certiorari to resolve the conflict. 522 U. S. 1024 (1997).

10 "KNOWLEDGE OF THE LAW "The Federal Firearms Statute which the Defendant is charged with, conspiracy to violate and with allegedly violated [sic], is a specific intent statute. You must accordingly find, beyond a reasonable doubt, that Defendant at all relevant times charged, acted with the knowledge that it was unlawful to engage in the business of firearms distribution lawfully purchased by a legally permissible transferee or gun purchaser.

. . . . . "[Y]ou must be persuaded that with the actual knowledge of the federal firearms licensing laws Defendant acted in knowing and intentional violation of them." App. 17 (citing Ratzlaf v. United States, 510 U. S. 135 (1994)).

11 App. 18-19.

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