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30.5 Sale Of Firearm To Convicted Felon 18 USC § 922(d) Title 18, United States Code, Sect ion 922(d), makes it a Federal crime or offense for any person to knowingly sell a firearm to a convicted felon. 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 sold the firearm described in the indictment, at or about the time alleged; Second: That the person who bought the firearm had been convicted in a court of a crime punishable by imprisonment for a term exceeding one year, that is, a felony offense; and Third: That the Defendant acted with knowledge or wit h reasonable cause to believe that such person had been so convicted. The term " firearm" means any weapon which is designed to, or may readily be converted to, expel a projectile by the action of an explosive; and the term includes the frame or receiver of any such weapon, or any firearm muffler or firearm silencer. To have "reasonable cause to believe" that someone is a convicted felon means to have knowledge of facts which, although not amounting to direct know ledge, would cause a reasonable person, knowing the same things, to reasonably conclude that the other person was in fact a convicted felon. ANNOTATIONS AND COMMENTS 18 USC § 922(d) provides: (d) It shall be unlawful f or any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause t o believe t hat such person - - * * * * * (1) is under indictment for, or has been convicted in any court of , a crime punishable by imprisonment for a term exceeding one year. Maximum Penalty: Ten (10) years imprisonment and applicable fine. When a Defendant offers to stipulate to his or her status as a previously convicted felon, and the Government declines the stipulation, the issue should be evaluated under the balancing test of FRE 403. While there is no per se rule requiring the Government to accept such a stipulation, it can be an abuse of discretion to admit evidence of the nature of a stipulated convict ion where the nature of the crime (as distinguished from the fact of the conviction itself) has potential prejudice outweighing any probative value. Old Chief v. United States, U.S. , 117 S.Ct. 644, (1/7/97), 1997 WL 3230(US).