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Federal- Possession of a Machine Gun

Statute
18 USC 922(o). Possession of a Machine Gun

  1. Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
  2. This subsection does not apply with respect to—
    1. a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
    2. any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly possessed a “machine gun,” as defined; and
  2. That the Defendant knew, or was aware of, the essential characteristics of the firearm which made it a “machine gun.”

A “machine gun” is defined by section 5845(b) as any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed or intended solely and exclusively, or combination of parts designed and intended for use in converting a weapon into a machine gun and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.