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Federal- Possession of a Machine Gun

Statute
26 USC 5861(d). Possession of Unregistered Firearm

(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record

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 possessed a “firearm,” as defined;
  2. That the “firearm” was not then registered in the National Firearms Registration and Transfer Record; and
  3. That the Defendant knew of the specific characteristics that caused it to be registrable under the National Firearm Registration and Transfer Record.

You will notice that it is not necessary for the Government to prove that the Defendant knew that the item described in the indictment was a “firearm” which the law requires to be registered; it is sufficient if the Government has proved beyond a reasonable doubt that the Defendant knew or was aware of the specific characteristics or features of the firearm that caused it to be within the scope of the Act, and that it was not then registered to the Defendant in the National Firearm Registration and Transfer Record.