Cite as: 524 U. S. 184 (1998)
Scalia, J., dissenting
presumption that willful violation requires knowledge of the law violated.
If one had to choose, therefore, I think a presumption of statutory intent that is the opposite of the one the Court applies would be more reasonable. I would not, however, decide this case on the basis of any presumption at all. It is common ground that the statutory context here requires some awareness of the law for a § 924(a)(1)(D) conviction, but the statute is simply ambiguous, or silent, as to the precise contours of that mens rea requirement. In the face of that ambiguity, I would invoke the rule that " 'ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity,' " United States v. Bass, 404 U. S., at 347, quoting Rewis v. United States, 401 U. S. 808, 812 (1971).
"The rule that penal laws are to be construed strictly, is, perhaps, not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department." United States v. Wiltberger, 5 Wheat. 76, 95 (1820).
In our era of multiplying new federal crimes, there is more reason than ever to give this ancient canon of construction consistent application: by fostering uniformity in the interpretation of criminal statutes, it will reduce the occasions on which this Court will have to produce judicial havoc by resolving in defendants' favor a Circuit conflict regarding the substantive elements of a federal crime, see, e. g., Bousley v. United States, 523 U. S. 614 (1998).
I respectfully dissent.
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