Bryan v. United States

524 U.S. 184 (1998)

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Nature of the Case

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Facts

Congress made amendments to the Criminal Code and included detailed provisions regulating the use and sale of firearms. It made it unlawful for any person except a licensed dealer to engage in the business of dealing in firearms. The provisions that made this act unlawful omitted an express scienter requirement and arguably imposed strict criminal liability. The Act also omitted any definition of the term “engaged in business” even though that conduct was an element of the unlawful act prohibited by 922(a)(1). In 1986, Congress attempted a cure by enacting FOPA. It defined engaged in business and added a scienter element as a condition of imposing the penalties. Three categories of the offense needed a knowingly intent and one required that the defendant act willfully. The evidence at trial proved that D did not have a federal license, that his straw purchasers made false statements and that D assured his straw purchasers that he would file the serial numbers off the guns. D then resold the guns to known drug dealers. The evidence was adequate to show that D was dealing in firearms and knew that his conduct was unlawful. There was no evidence that D was aware of the federal law that prohibits such acts. D was charged with conspiracy to violate 922(a)(1)(A). Bryan (D) was found guilty of selling firearms without a license. Before conviction and after the close of evidence, D requested that the trial judge instruct the jury that D could only be found guilty if he knew of the federal licensing requirement. The judge rejected that request. The judge issued the instruction on page 22 Johnson 7th. D was found guilty and appealed. The Court of Appeals affirmed.