How this document has been cited
By the lower court decisions at the time that requirement [§ 5861 (d)] was written into the Act the only knowledge required to be proved was knowledge that the instrument possessed was a firearm.
- in CASE COMMENTS and 2 similar citations
—that a weapon had no sights and "could be fired elsewhere than from the shoulder [made] it no less a rifle within the statutory definition
- in United States v. Rose, 1982 and 2 similar citations
—a defendant' s knowledge that the item he possessed “was a gun” is sufficient for a conviction under § 5861 (d).
- in The Supreme Court and 2 similar citations
In a case decided in 1963, then Judge Blackmun reviewed the earlier cases and concluded that the defendant's knowledge that he possessed a gun was "all the scienter which the statute requires."
- in Staples v. United States, 1994 and one similar citation
—the question was not directly at issue, but in which the Court of Appeals spoke out clearly on the matter which is presented in the instant case, taking the position that the analysis of the Ninth Circuit is correct.
- in United States v. DePugh, 1967 and one similar citation
Cited by
C SENTENCING - WASHINGTON UNIVERSITY LAW QUARTERLY
[BOOK] The Supreme Court
HL Wagner… - 2007
511 US 600 - Supreme Court 1994
MT Lefevour - J. Crim. L. & Criminology, 1994
ST Silverman - Washington University Law Quarterly, 1993
TA Kleine-Kracht - Ky. LJ, 1992
[CITATION] Moot Court Casebook
New York University. Moot Court Board - 1992
949 F. 2d 1029 - Court of Appeals, 8th Circuit 1991
911 F. 2d 399 - Court of Appeals, 10th Circuit 1990
885 F. 2d 1248 - Court of Appeals, 5th Circuit 1989