8.64 Firearms—Unlawful Shipment or Transportation

8.64 FIREARMS—UNLAWFUL SHIPMENT OR TRANSPORTATION
 (18 U.S.C. § 922(g))

The defendant is charged in [Count _______ of] the indictment with [[shipping] [transporting]] [[a firearm] [ammunition]] in violation of Section 922(g) 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 knowingly [[shipped] [transported]] [[specify firearm] [specify ammunition]] [[from one state to another] [between a foreign nation and the United States]];

Second, at the time of [shipment] [transportation] the defendant was [specify applicable prohibited status from 18 U.S.C. § 922(g)(1)-(9)]; and

Third, at the time the defendant [[shipped] [transported]] [[specify firearm] [specify ammunition]] [[from one state to another] [between a foreign nation and the United States]], the

defendant knew [he] [she] was [specify applicable prohibited status from 18 U.S.C. §　922(g)(1)-(9)].

Comment

See Comment in 8.51 (Firearms). 

For a discussion of "knowingly" and of the nine categories of prohibited status set forth in 18 U.S.C. §　922(g)(1)-(9), see Comment to Instruction 8.63 (Firearms—Unlawful Receipt).　　

Approved 5/2020