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8.65A Firearms--Unlawful Possession--Convicted Felon

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8.65A FIREARMS—UNLAWFUL POSSESSIONCONVICTED FELON

(18 U.S.C. § 922(g)(1))

The defendant is charged in [Count _______ of] the indictment with the possession of [a firearm] [ammunition] in violation of Section 922(g)(1) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly possessed [specify firearm] [specify ammunition];

Second, the [specify firearm] [specify ammunition] had been [[shipped] [transported]] [[from one state to another] [between a foreign nation and the United States]]; and

[Third, at the time the defendant possessed the [specify firearm] [specify ammunition], the defendant had been convicted of a crime punishable by imprisonment for a term exceeding one year. The defendant stipulates that on [date], the defendant was convicted of a crime punishable by imprisonment for a term exceeding one year.]

or

[Third, at the time the defendant possessed the [specify firearm] [specify ammunition], the defendant had been convicted of [specify prior felony], which is a crime punishable by imprisonment for a term exceeding one year.] 

Comment

For a discussion of "knowingly," see Comment to Instruction 8.63 (Firearms—Unlawful Receipt). For a discussion of possession, see Comment to Instruction 8.65 (Firearms—Unlawful Possession). See also Instruction 3.17 (Possession—Defined).

Defendants frequently stipulate to the third element of the offense rather than have evidence of the prior convictions presented to the jury. See Old Chief v. United States, 519 U.S. 172, 189 (1997) (reversible error to allow government to prove nature of prior conviction when defendant offers to stipulate to the prior conviction).

Approved 6/2014