Bryan v. United States, 524 U.S. 184, 15 (1998)

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198

BRYAN v. UNITED STATES

Opinion of the Court

cases support the notion that disregard of a known legal obligation is sufficient to establish a willful violation, they in no way stand for the proposition that it is required.31

Finally, petitioner argues that § 922(b)(3), which is governed by § 924(a)(1)(D)'s willfulness standard, indicates that Congress intended "willfully" to include knowledge of the law. Section 922(b)(3) prohibits licensees from selling fire-arms to any person who the licensee knows or has reasonable cause to believe does not reside in the licensee's State, except where, inter alia, the transaction fully complies with the laws of both the seller's and buyer's State. The subsection further states that the licensee "shall be presumed, . . . in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States." 32 Although petitioner argues that the presumption in § 922(b)(3) indicates that Congress intended willfulness to require knowledge of the law for all offenses covered by § 924(a)(1)(D), petitioner is mistaken. As noted above, while disregard of a known legal obligation is certhe owner of the pawnshop, as well as his employees, had knowledge of the law).

31 In Mayesh, for example, the court stated: "The uncontroverted evidence shows clearly that plaintiff was aware of the above holding period requirements. Mr. Mayesh had been previously advised on the requirements under Illinois law, and he clearly acknowledged that he was aware of them. . . . Since the material facts are undisputed, as a matter of law the plaintiff clearly and knowingly violated the Illinois holding provisions . . . , and hence, 18 U. S. C. § 922(b)(2). This court can only consider such action to have been 'wilful' as a matter of law. There is no basis for trial of any disputed facts in this connection. This is sufficient to justify refusal of license renewal." 58 F. R. D., at 540. See also, e. g., Perri, 637 F. 2d, at 1336 (stating that when a dealer understands the requirements of the law, but knowingly fails to follow them or is indifferent to them, willfulness "is established," i. e., is satisfied); Stein's, 649 F. 2d, at 468 ("Evidence of repeated violations with knowledge of the law's requirements has been held sufficient to establish willfulness" (emphasis added)); McLemore, 317 F. Supp., at 1078-1079.

32 18 U. S. C. § 922(b)(3).

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