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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-1441
- --------
- HAROLD E. STAPLES, III, PETITIONER v. UNITED
- STATES
- on writ of certiorari to the united states court
- of appeals for the tenth circuit
- [May 23, 1994]
-
- Justice Ginsburg, with whom Justice O'Connor
- joins, concurring in the judgment.
- The statute petitioner Harold E. Staples is charged
- with violating, 26 U. S. C. 5861(d), makes it a crime
- for any person to -receive or possess a firearm which is
- not registered to him.- Although the word -knowingly-
- does not appear in the statute's text, courts generally
- assume that Congress, absent a contrary indication,
- means to retain a mens rea requirement. Ante, at 5; see
- Liparota v. United States, 471 U. S. 419, 426 (1985);
- United States v. United States Gypsum Co., 438 U. S.
- 422, 437-438 (1978). Thus, our holding in United
- States v. Freed, 401 U. S. 601 (1971), that 5861(d) does
- not require proof of knowledge that the firearm is
- unregistered, rested on the premise that the defendant
- indeed knew the items he possessed were hand gre-
- nades. Id., at 607; id., at 612 (Brennan, J., concurring
- in judgment) (-The Government and the Court agree
- that the prosecutor must prove knowing possession of
- the items and also knowledge that the items possessed
- were hand grenades.-).
- Conviction under 5861(d), the Government accord-
- ingly concedes, requires proof that Staples -knowingly-
- possessed the machinegun. Brief for United States 23.
- The question before us is not whether knowledge of
- possession is required, but what level of knowledge
- suffices: (1) knowledge simply of possession of the
- object; (2) knowledge, in addition, that the object is a
- dangerous weapon; (3) knowledge, beyond dangerousness,
- of the characteristics that render the object subject to
- regulation, for example, awareness that the weapon is a
- machinegun.
- Recognizing that the first reading effectively dispenses
- with mens rea, the Government adopts the second,
- contending that it avoids criminalizing -apparently
- innocent conduct,- Liparota, supra, at 426, because
- under the second reading, -a defendant who possessed
- what he thought was a toy or a violin case, but which
- in fact was a machinegun, could not be convicted.- Brief
- for United States 23. The Government, however, does
- not take adequate account of the -widespread lawful gun
- ownership- Congress and the States have allowed to
- persist in this country. See United States v. Harris, 959
- F. 2d 246, 261 (CADC) (per curiam), cert. denied, 506
- U. S. ___ (1992). Given the notable lack of compre-
- hensive regulation, -mere unregistered possession of
- certain types of [regulated weapons]-often [difficult to
- distinguish] from other, [non-regulated] types,- has been
- held inadequate to establish the requisite knowledge.
- See 959 F. 2d, at 261.
- The Nation's legislators chose to place under a
- registration requirement only a very limited class of
- firearms, those they considered especially dangerous.
- The generally -dangerous- character of all guns, the
- Court therefore observes, ante, at 11-12, did not suffice
- to give individuals in Staples' situation cause to inquire
- about the need for registration. Compare United States
- v. Balint, 258 U. S. 250 (1922) (requiring reporting of
- sale of strictly regulated narcotics, opium and cocaine).
- Only the third reading, then, suits the purpose of the
- mens rea requirement-to shield people against punish-
- ment for apparently innocent activity.
- The indictment in Staples' case charges that he
- -knowingly received and possessed firearms.- App. to
- Brief for Appellant in No. 91-5033 (CA10), p. 1.
- -Firearms- has a circumscribed statutory definition. See
- 26 U. S. C. 5845(a). The -firear[m]- the Government
- contends Staples possessed in violation of 5861(d) is a
- machinegun. See 5845(a)(6). The indictment thus
- effectively charged that Staples knowingly possessed a
- machinegun. -Knowingly possessed- logically means
- -possessed and knew that he possessed.- The
- Government can reconcile the jury instruction with the
- indictment only on the implausible assumption that the
- term -firear[m]- has two different meanings when used
- once in the same charge-simply -gun- when referring
- to what petitioner knew, and -machinegun- when
- referring to what he possessed. See Cunningham, Levi,
- Green, & Kaplan, Plain Meaning and Hard Cases, 103
- Yale L. J. 1561, 1576-1577 (1994)); cf. Ratzlaf v. United
- States, 510 U. S. ___ (1994) (slip op., at 8) (construing
- statutory term to bear same meaning -each time it is
- called into play-).
- For these reasons, I conclude that conviction under
- 5861(d) requires proof that the defendant knew he
- possessed not simply a gun, but a machinegun. The
- indictment in this case, but not the jury instruction,
- properly described this knowledge requirement. I there-
- fore concur in the Court's judgment.
-