Fill and Sign the 6265861 Possession of an Unregistered Firearm 26 Usc Form

414 80.1 Possession Of Unregistered Firearm 26 USC § 5861(d) Tit le 26, United States Code, Sect ion 5861(d), makes it a Federal crime or offense for anyone to possess certain kinds of firearms that are not registered to [him] [her] in the National Firearms Registration and Transfer Record. Title 26, United States Code, Sect ion 5845, defines "firearm" as including [describe firearm as alleged in the indictment, viz., a shotgun having a barrel of less than 18 inches in length.] The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly possessed a "firearm," as defined above; and Second: That the "firearm" was not then registered to the Defendant in the National Firearms Registration and Transfer Record. [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. What must be proved beyond a reasonable doubt is that the Defendant knowingly possessed the item as charged, that such item was a "firearm" as defined above, and that it was not then registered to the Defendant in the Nat ional Firearms Registration and Transfer Record.] ANNOTATIONS AND COMMENTS 26 USC § 58 61 (d) provides: It shall be unlawful f or any person . . . to . . . possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record. . . [Note: For the definition of "firearm" within the context of this statut e, see 26 USC § 5845]. Maximum Penalty: Ten (10) years imprisonment and $ 250,000 fine. See 26 USC § 5871 and 18 USC § 3571. In Staples v. United States, 511 U.S. 600, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), the Court held that in t he case of firearms such as fully automatic as distinguished from semiautomatic weapons, where the essential difference between registirable and nonregistrable characteristics is not open and obvious, the Government must prove knowledge on the part of the Defendant with respect to those essential characteristics of the firearm in question. Thus, in such a case, the instruction to the jury must be expanded to so state. Still, where the essential characteristics of t he firearm making it registrable are known, it is not necessary for the Government to prove that the Defendant also knew that registration was required. United States v. Owens, 103 F.3d 953 (11th Cir. 1997).