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Fill and Sign the Sentencing Guidelines for United States Courts Federal Register Form

Fill and Sign the Sentencing Guidelines for United States Courts Federal Register Form

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30.1 Dealing In Firearms Without License 18 USC § 922(a)(1)(A) Title 18, United States Code, Section 922(a)(1)(A), makes it a Federal crime or offense to be in the business of dealing in firearms without a Federal license.The Defendant can be found guilty of that offense only if all of thefollowing facts have been proved beyond a reasonable doubt:First: That the Defendant engaged in t he business of dealing in firearms;Second: That the Defendant engaged in such business without a license issued under federal law; andThird: That the Defendant did so willfully, that is that the Defendant acted with knowledge of the obligation to obtain a license, and intended to violate the law.The term " firearm" means any weapon which is designed t o, 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. The term " dealer" means any person engaged in the business of selling firearms at wholesale or retail. A person is " engaged in the business of selling firearms at wholesale or retail," if that person devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. Such term does not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of t hat person' s personal collection of firearms. The term " with the principal objective of livelihood and profit " means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection. ANNOTATIONS AND COMMENTS 18 USC § 92 2(a)(1 ) provides: (a) It shall be unlawful - - (1) f or any person - -(A) except a licensed . . . dealer, t o engage in the business of . . . dealing in firearms. Maximum Penalty: Five (5) years imprisonment and applicable fine.The definition of " firearm" is taken from 18 USC § 921(a)(3). The definition of " dealer" is taken from 18 USC § 92 1(a)(1 1). The definition of " engaged in the business" is taken from 18 USC § 921(a)(21)(A). The definition of " principal objective of livelihood and profit " is taken from 18 USC § 921(a)(2 2). Will fullness is an essential element of t he offense under 18 USC § 92 4(a)(1 )(D). See also, regarding the element of willfulness, United States v. Sanchez-Corcino, 8 5 F.3 d 549 (11 t h Cir. 1 99 6).

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