8.57 Firearms—Unlawful Disposition by Unlicensed Dealer

8.57 FIREARMS—UNLAWFUL DISPOSITION BY UNLICENSED DEALER
(18 U.S.C. § 922(a)(5))

The defendant is charged in [Count _______ of] the indictment with the unlawful disposition of a firearm in violation of Section 922(a)(5) of Title 18 of the United States Code.  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 willfully [sold] [traded] [gave] [transported] [delivered] [transferred] a [specify firearm] to [name of unlicensed dealer];

Second, neither the defendant nor [name of unlicensed dealer] was licensed as a firearm [dealer] [importer] [manufacturer] [collector]; and

Third, the defendant knew or had reasonable cause to believe that [name of unlicensed dealer] was not a resident of the same state in which the defendant resided.

Comment

See Comment in 8.51 (Firearms) and Comment to Instruction 8.54 (Shipment or Transportation to a Person Not Licensed as a Dealer, Importer, Manufacturer or Collector). 

Approved 5/2020