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Date:          Mon, 23 May 1994 15:01:39 PST
Subject:       U.S. Supreme Court Has Some Favorable Comments About Guns!
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The Supreme Court makes a ruling favorable to gun owners:
Maybe there's hope yet!

================================================================
STAPLES v. UNITED STATES
Docket 92-1441 -- Decided May 23, 1994
================================================================

The National Firearms Act criminalizes possession of an
unregistered "firearm," 26 U.S.C. 5861(d), including a
"machinegun," 5845(a)(6), which is defined as a weapon that
automatically fires more than one shot with a single pull of the
trigger, 5845(b). Petitioner Staples was charged with possessing
an unregistered machinegun in violation of 5861(d) after officers
searching his home seized a semiautomatic rifle--i.e., a weapon
that normally fires only one shot with each trigger pull--that had
apparently been modified for fully automatic fire.  At trial,
Staples testified that the rifle had never fired automatically
while he possessed it and that he had been ignorant of any
automatic firing capability.  He was convicted after the District
Court rejected his proposed jury instruction under which, to
establish a 5861(d) violation, the Government would have been
required to prove beyond a reasonable doubt that Staples knew
that the gun would fire fully automatically.  The Court of
Appeals affirmed, concluding that the Government need not prove a
defendant's knowledge of a weapon's physical properties to obtain
a conviction under 5861(d).

Held:

To obtain a 5861(d) conviction, the Government should have been
required to prove beyond a reasonable doubt that Staples knew
that his rifle had the characteristics that brought it within the
statutory definition of a machinegun.  Pp. 4-19.

(a) The common-law rule requiring mens rea as an element of a
crime informs interpretation of 5861(d) in this case.  Because
some indication of congressional intent, express or implied, is
required to dispense with mens rea, 5861(d)'s silence on the
element of knowledge required for a conviction does not suggest
that Congress intended to dispense with a conventional mens rea
requirement, which would require that the defendant know the
facts making his conduct illegal.  Pp. 4-5.

(b) The Court rejects the Government's argument that the Act fits
within the Court's line of precedent concerning "public welfare"
or "regulatory" offenses and thus that the presumption favoring
mens rea does not apply in this case.  In cases concerning public
welfare offenses, the Court has inferred from silence a
congressional intent to dispense with conventional mens rea
requirements in statutes that regulate potentially harmful or
injurious items.  In such cases, the Court has reasoned that as
long as a defendant knows that he is dealing with a dangerous
device of a character that places him in responsible relation to
a public danger, he should be alerted to the probability of
strict regulation, and is placed on notice that he must determine
at his peril whether his conduct comes within the statute's
inhibition.  See, e.g., United States v. Balint, 258 U.S. 250;
United States v. Freed, 401 U.S. 601.  Guns, however, do not fall
within the category of dangerous devices as it has been developed
in public welfare offense cases.  In contrast to the selling of
dangerous drugs at issue in Balint or the possession of hand
grenades considered in Freed, private ownership of guns in this
country has enjoyed a long tradition of being entirely lawful
conduct.  Thus, the destructive potential of guns in general
cannot be said to put gun owners sufficiently on notice of the
likelihood of regulation to justify interpreting 5861(d) as
dispensing with proof of knowledge of the characteristics that
make a weapon a "firearm" under the statute.  The Government's
interpretation potentially would impose criminal sanctions on a
class of persons whose mental state--ignorance of the
characteristics of weapons in their possession--makes their
actions entirely innocent.  Had Congress intended to make outlaws
of such citizens, it would have spoken more clearly to that
effect.  Pp. 5-16.

(c) The potentially harsh penalty attached to violation of
5861(d)--up to 10 years' imprisonment--confirms the foregoing
reading of the Act.  Where, as here, dispensing with mens rea
would require the defendant to have knowledge only of
traditionally lawful conduct, a severe penalty is a further
factor tending to suggest that Congress did not intend to
eliminate a mens rea requirement.  Pp. 16-19.

(d) The holding here is a narrow one that depends on a common-
sense evaluation of the nature of the particular device Congress
has subjected to regulation, the expectations that individuals
may legitimately have in dealing with that device, and the
penalty attached to a violation.  It does not set forth
comprehensive criteria for distinguishing between crimes that
require a mental element and crimes that do not.  Pp. 19-21.  971
F.2d 608, reversed and remanded.

Thomas, J., delivered the opinion of the Court, in which
Rehnquist, C. J., and Scalia, Kennedy, and Souter, JJ., joined.
Ginsburg, J., filed an opinion concurring in the judgment, in
which O'Connor, J., joined.  Stevens, J., filed a dissenting
opinion, in which Blackmun, J., joined.


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Date:          Mon, 23 May 1994 15:52:27 PST
Subject:       Supreme Court decision 92-1441 -- Opinion
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Full opinion of STAPLES v. 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 Thomas delivered the opinion of the Court.
   The National Firearms Act makes it unlawful for any
 person to possess a machinegun that is not properly
 registered with the Federal Government.  Petitioner
 contends that, to convict him under the Act, the Govern-
 ment should have been required to prove beyond a
 reasonable doubt that he knew the weapon he possessed
 had the characteristics that brought it within the
 statutory definition of a machinegun.  We agree and
 accordingly reverse the judgment of the Court of
 Appeals.
 
                       I
   The National Firearms Act (Act), 26 U. S. C. 5801-
 5872, imposes strict registration requirements on
 statutorily defined -firearms.-  The Act includes within
 the term -firearm- a machinegun, 5845(a)(6), and
 further defines a machinegun as -any weapon which
 shoots . . . or can be readily restored to shoot, automati-
 cally more than one shot, without manual reloading, by
 a single function of the trigger.-  5845(b).  Thus, any
 fully automatic weapon is a -firearm- within the mean-
 ing of the Act.  Under the Act, all firearms must be
 registered in the National Firearms Registration and
 Transfer Record maintained by the Secretary of the
 Treasury.  5841.  Section 5861(d) makes it a crime,
 punishable by up to 10 years in prison, see 5871, for
 any person to possess a firearm that is not properly
 registered.
   Upon executing a search warrant at petitioner's home,
 local police and agents of the Bureau of Alcohol, Tobacco
 and Firearms (BATF) recovered, among other things, an
 AR-15 assault rifle.  The AR-15 is the civilian version
 of the military's M-16 rifle, and is, unless modified, a
 semiautomatic weapon.  The M-16, in contrast, is a
 selective fire rifle that allows the operator, by rotating
 a selector switch, to choose semiautomatic or automatic
 fire.  Many M-16 parts are interchangeable with those
 in the AR-15 and can be used to convert the AR-15 into
 an automatic weapon.  No doubt to inhibit such conver-
 sions, the AR-15 is manufactured with a metal stop on
 its receiver that will prevent an M-16 selector switch, if
 installed, from rotating to the fully automatic position. 
 The metal stop on petitioner's rifle, however, had been
 filed away, and the rifle had been assembled with an M-
 16 selector switch and several other M-16 internal
 parts, including a hammer, disconnector, and trigger. 
 Suspecting that the AR-15 had been modified to be
 capable of fully automatic fire, BATF agents seized the
 weapon.  Petitioner subsequently was indicted for unlaw-
 ful possession of an unregistered machinegun in viola-
 tion of 5861(d).
   At trial, BATF agents testified that when the AR-15
 was tested, it fired more than one shot with a single
 pull of the trigger.  It was undisputed that the weapon
 was not registered as required by 5861(d).  Petitioner
 testified that the rifle had never fired automatically
 when it was in his possession.  He insisted that the
 AR-15 had operated only semiautomatically, and even
 then imperfectly, often requiring manual ejection of the
 spent casing and chambering of the next round. 
 According to petitioner, his alleged ignorance of any
 automatic firing capability should have shielded him
 from criminal liability for his failure to register the
 weapon.  He requested the District Court to instruct the
 jury that, to establish a violation of 5861(d), the
 Government must prove beyond a reasonable doubt that
 the defendant -knew that the gun would fire fully
 automatically.-  1 App. to Brief for Appellant in No.
 91-5033 (CA10), p. 42.
   The District Court rejected petitioner's proposed
 instruction and instead charged the jury as follows:
 -The Government need not prove the defendant
 knows he's dealing with a weapon possessing every
 last characteristic [which subjects it] to the regula-
 tion.  It would be enough to prove he knows that he
 is dealing with a dangerous device of a type as
 would alert one to the likelihood of regulation.- 
 Tr. 465.
 Petitioner was convicted and sentenced to five years'
 probation and a $5,000 fine.
   The Court of Appeals affirmed.  Relying on its decision
 in United States v. Mittleider, 835 F. 2d 769 (CA10
 1987), cert. denied, 485 U. S. 980 (1988), the court
 concluded that the Government need not prove a
 defendant's knowledge of a weapon's physical properties
 to obtain a conviction under 5861(d).  971 F. 2d 608,
 612-613 (CA10 1992).  We granted certiorari, 508 U. S.
 ___ (1993), to resolve a conflict in the Courts of Appeals
 concerning the mens rea required under 5861(d).
 
                      II
                       A
   Whether or not 5861(d) requires proof that a defend-
 ant knew of the characteristics of his weapon that made
 it a -firearm- under the Act is a question of statutory
 construction.  As we observed in Liparota v. United
 States, 471 U. S. 419 (1985), -[t]he definition of the
 elements of a criminal offense is entrusted to the
 legislature, particularly in the case of federal crimes,
 which are solely creatures of statute.-  Id., at 424 (citing
 United States v. Hudson, 7 Cranch 32 (1812)).  Thus, we
 have long recognized that determining the mental state
 required for commission of a federal crime requires
 -construction of the statute and . . . inference of the
 intent of Congress.-  United States v. Balint, 258 U. S.
 250, 253 (1922).  See also Liparota, supra, at 423.
   The language of the statute, the starting place in our
 inquiry, see Connecticut Nat. Bank v. Germain, 503
 U. S. ___, ___ (1992) (slip op., at 5), provides little
 explicit guidance in this case.  Section 5861(d) is silent
 concerning the mens rea required for a violation.  It
 states simply that -[i]t shall be unlawful for any person
 . . . to receive or possess a firearm which is not regis-
 tered to him in the National Firearms Registration and
 Transfer Record.-  26 U. S. C. 5861(d).  Nevertheless,
 silence on this point by itself does not necessarily
 suggest that Congress intended to dispense with a
 conventional mens rea element, which would require that
 the defendant know the facts that make his conduct
 illegal.  See Balint, supra, at 251 (stating that tradition-
 ally, -scienter- was a necessary element in every crime). 
 See also n. 3, infra.  On the contrary, we must construe
 the statute in light of the background rules of the
 common law, see United States v. United States Gypsum
 Co., 438 U. S. 422, 436-437 (1978), in which the
 requirement of some mens rea for a crime is firmly
 embedded.  As we have observed, -[t]he existence of a
 mens rea is the rule of, rather than the exception to, the
 principles of Anglo-American criminal jurisprudence.- 
 Id., at 436 (internal quotation marks omitted).  See also
 Morissette v. United States, 342 U. S. 246, 250 (1952)
 (-The contention that an injury can amount to a crime
 only when inflicted by intention is no provincial or
 transient notion.  It is as universal and persistent in
 mature systems of law as belief in freedom of the
 human will and a consequent ability and duty of the
 normal individual to choose between good and evil-).
   There can be no doubt that this established concept
 has influenced our interpretation of criminal statutes. 
 Indeed, we have noted that the common law rule
 requiring mens rea has been -followed in regard to
 statutory crimes even where the statutory definition did
 not in terms include it.-  Balint, supra, at 251-252. 
 Relying on the strength of the traditional rule, we have
 stated that offenses that require no mens rea generally
 are disfavored, Liparota, supra, at 426, and have
 suggested that some indication of congressional intent,
 express or implied, is required to dispense with mens rea
 as an element of a crime.  Cf. United States Gypsum,
 supra, at 438; Morissette, supra, at 263.
   According to the Government, however, the nature and
 purpose of the National Firearms Act suggest that the
 presumption favoring mens rea does not apply to this
 case.  The Government argues that Congress intended
 the Act to regulate and restrict the circulation of
 dangerous weapons.  Consequently, in the Government's
 view, this case fits in a line of precedent concerning
 what we have termed -public welfare- or -regulatory-
 offenses, in which we have understood Congress to
 impose a form of strict criminal liability through
 statutes that do not require the defendant to know the
 facts that make his conduct illegal.  In construing such
 statutes, we have inferred from silence that Congress
 did not intend to require proof of mens rea to establish
 an offense.
   For example, in Balint, supra, we concluded that the
 Narcotic Act of 1914, which was intended in part to
 minimize the spread of addictive drugs by criminalizing
 undocumented sales of certain narcotics, required proof
 only that the defendant knew that he was selling drugs,
 not that he knew the specific items he had sold were
 -narcotics- within the ambit of the statute.  See Balint,
 supra, at 254.  Cf. United States v. Dotterweich, 320
 U. S. 277, 281 (1943) (stating in dicta that a statute
 criminalizing the shipment of adulterated or misbranded
 drugs did not require knowledge that the items were
 misbranded or adulterated).  As we explained in
 Dotterweich, Balint dealt with -a now familiar type of
 legislation whereby penalties serve as effective means of
 regulation.  Such legislation dispenses with the conven-
 tional requirement for criminal conduct-awareness of
 some wrongdoing.- Id., at 280-281.  See also Morissette,
 supra, at 252-256.
   Such public welfare offenses have been created by
 Congress, and recognized by this Court, in -limited
 circumstances.-  United States Gypsum, 438 U. S., at
 437.  Typically, our cases recognizing such offenses
 involve statutes that regulate potentially harmful or
 injurious items.  Cf. United States v. International
 Minerals & Chemical Corp., 402 U. S. 558, 564-565
 (1971) (characterizing Balint and similar cases as
 involving statutes regulating -dangerous or deleterious
 devices or products or obnoxious waste materials-).  In
 such situations, we have reasoned that as long as a
 defendant knows that he is dealing with a dangerous
 device of a character that places him -in responsible
 relation to a public danger,- Dotterweich, supra, at 281,
 he should be alerted to the probability of strict regula-
 tion, and we have assumed that in such cases Congress
 intended to place the burden on the defendant to
 -ascertain at his peril whether [his conduct] comes
 within the inhibition of the statute.-  Balint, supra, at
 254.  Thus, we essentially have relied on the nature of
 the statute and the particular character of the items
 regulated to determine whether congressional silence
 concerning the mental element of the offense should be
 interpreted as dispensing with conventional mens rea
 requirements.  See generally Morissette, supra, at 252-260.
 
                       B
   The Government argues that 5861(d) defines pre-
 cisely the sort of regulatory offense described in Balint. 
 In this view, all guns, whether or not they are statutory
 -firearms,- are dangerous devices that put gun owners
 on notice that they must determine at their hazard
 whether their weapons come within the scope of the Act. 
 On this understanding, the District Court's instruction
 in this case was correct, because a conviction can rest
 simply on proof that a defendant knew he possessed a
 -firearm- in the ordinary sense of the term.
   The Government seeks support for its position from
 our decision in United States v. Freed, 401 U. S. 601
 (1971), which involved a prosecution for possession of
 unregistered grenades under 5861(d). The defendant
 knew that the items in his possession were grenades,
 and we concluded that 5861(d) did not require the
 Government to prove the defendant also knew that the
 grenades were unregistered.  Id., at 609.  To be sure, in
 deciding that mens rea was not required with respect to
 that element of the offense, we suggested that the Act
 -is a regulatory measure in the interest of the public
 safety, which may well be premised on the theory that
 one would hardly be surprised to learn that possession
 of hand grenades is not an innocent act.-  Ibid.  Gre-
 nades, we explained, -are highly dangerous offensive
 weapons, no less dangerous than the narcotics involved
 in United States v. Balint.-  Ibid.  But that reasoning
 provides little support for dispensing with mens rea in
 this case.  
   As the Government concedes, Freed did not address
 the issue presented here.  In Freed, we decided only
 that 5861(d) does not require proof of knowledge that
 a firearm is unregistered.  The question presented by a
 defendant who possesses a weapon that is a -firearm-
 for purposes of the Act, but who knows only that he has
 a -firearm- in the general sense of the term, was not
 raised or considered.  And our determination that a
 defendant need not know that his weapon is unregis-
 tered suggests no conclusion concerning whether
 5861(d) requires the defendant to know of the features
 that make his weapon a statutory -firearm-; different
 elements of the same offense can require different
 mental states.  See Liparota, 471 U. S., at 423, n. 5;
 United States v. Bailey, 444 U. S. 394, 405-406 (1980). 
 See also W. LaFave & A. Scott, Handbook on Criminal
 Law 194-195 (1972).  Moreover, our analysis in Freed
 likening the Act to the public welfare statute in Balint
 rested entirely on the assumption that the defendant
 knew that he was dealing with hand grenades-that is,
 that he knew he possessed a particularly dangerous type
 of weapon (one within the statutory definition of a
 -firearm-), possession of which was not entirely -inno-
 cent- in and of itself.  401 U. S., at 609.  The predicate
 for that analysis is eliminated when, as in this case, the
 very question to be decided is whether the defendant
 must know of the particular characteristics that make
 his weapon a statutory firearm.
   Notwithstanding these distinctions, the Government
 urges that Freed's logic applies because guns, no less
 than grenades, are highly dangerous devices that should
 alert their owners to the probability of regulation.  But
 the gap between Freed and this case is too wide to
 bridge.  In glossing over the distinction between gre-
 nades and guns, the Government ignores the particular
 care we have taken to avoid construing a statute to
 dispense with mens rea where doing so would -criminal-
 ize a broad range of apparently innocent conduct.- 
 Liparota, 471 U. S., at 426.  In Liparota, we considered
 a statute that made unlawful the unauthorized acquisi-
 tion or possession of food stamps.  We determined that
 the statute required proof that the defendant knew his
 possession of food stamps was unauthorized, largely
 because dispensing with such a mens rea requirement
 would have resulted in reading the statute to outlaw a
 number of apparently innocent acts.  Ibid.  Our conclu-
 sion that the statute should not be treated as defining
 a public welfare offense rested on the common sense
 distinction that a -food stamp can hardly be compared
 to a hand grenade.-  Id., at 433.
   Neither, in our view, can all guns be compared to
 hand grenades.  Although the contrast is certainly not
 as stark as that presented in Liparota, the fact remains
 that there is a long tradition of widespread lawful gun
 ownership by private individuals in this country.  Such
 a tradition did not apply to the possession of hand
 grenades in Freed or to the selling of dangerous drugs
 that we considered in Balint.  See also International
 Minerals, 402 U. S., at 563-565; Balint, 258 U. S., at
 254.  In fact, in Freed we construed 5861(d) under the
 assumption that -one would hardly be surprised to learn
 that possession of hand grenades is not an innocent act.- 
 Freed, supra, at 609.  Here, the Government essentially
 suggests that we should interpret the section under the
 altogether different assumption that -one would hardly
 be surprised to learn that owning a gun is not an
 innocent act.-  That proposition is simply not supported
 by common experience.  Guns in general are not -delete-
 rious devices or products or obnoxious waste materials,-
 International Minerals, supra, at 565, that put their
 owners on notice that they stand -in responsible relation
 to a public danger.-  Dotterweich, 320 U. S., at 281.
   The Government protests that guns, unlike food
 stamps, but like grenades and narcotics, are potentially
 harmful devices.  Under this view, it seems that
 Liparota's concern for criminalizing ostensibly innocuous
 conduct is inapplicable whenever an item is sufficiently
 dangerous-that is, dangerousness alone should alert an
 individual to probable regulation and justify treating a
 statute that regulates the dangerous device as dispens-
 ing with mens rea.  But that an item is -dangerous,- in
 some general sense, does not necessarily suggest, as the
 Government seems to assume, that it is not also entirely
 innocent.  Even dangerous items can, in some cases, be
 so commonplace and generally available that we would
 not consider them to alert individuals to the likelihood
 of strict regulation.  As suggested above, despite their
 potential for harm, guns generally can be owned in
 perfect innocence.  Of course, we might surely classify
 certain categories of guns-no doubt including the
 machineguns, sawed-off shotguns, and artillery pieces
 that Congress has subjected to regulation-as items the
 ownership of which would have the same quasi-suspect
 character we attributed to owning hand grenades in
 Freed.  But precisely because guns falling outside those
 categories traditionally have been widely accepted as
 lawful possessions, their destructive potential, while
 perhaps even greater than that of some items we would
 classify along with narcotics and hand grenades, cannot
 be said to put gun owners sufficiently on notice of the
 likelihood of regulation to justify interpreting 5861(d)
 as not requiring proof of knowledge of a weapon's
 characteristics.
 
   On a slightly different tack, the Government suggests
 that guns are subject to an array of regulations at the
 federal, state, and local levels that put gun owners on
 notice that they must determine the characteristics of
 their weapons and comply with all legal requirements. 
 But regulation in itself is not sufficient to place gun
 ownership in the category of the sale of narcotics in
 Balint.  The food stamps at issue in Liparota were
 subject to comprehensive regulations, yet we did not
 understand the statute there to dispense with a mens
 rea requirement.  Moreover, despite the overlay of legal
 restrictions on gun ownership, we question whether
 regulations on guns are sufficiently intrusive that they
 impinge upon the common experience that owning a gun
 is usually licit and blameless conduct.  Roughly 50 per
 cent of American homes contain at least one firearm of
 some sort, and in the vast majority of States, buying
 a shotgun or rifle is a simple transaction that would not
 alert a person to regulation any more than would buying
 a car. 
   If we were to accept as a general rule the Govern-
 ment's suggestion that dangerous and regulated items
 place their owners under an obligation to inquire at
 their peril into compliance with regulations, we would
 undoubtedly reach some untoward results.  Automobiles,
 for example, might also be termed -dangerous- devices
 and are highly regulated at both the state and federal
 levels.  Congress might see fit to criminalize the viola-
 tion of certain regulations concerning automobiles, and
 thus might make it a crime to operate a vehicle without
 a properly functioning emission control system.  But we
 probably would hesitate to conclude on the basis of
 silence that Congress intended a prison term to apply to
 a car owner whose vehicle's emissions levels, wholly
 unbeknownst to him, began to exceed legal limits
 between regular inspection dates. 
   Here, there can be little doubt that, as in Liparota,
 the Government's construction of the statute potentially
 would impose criminal sanctions on a class of persons
 whose mental state-ignorance of the characteristics of
 weapons in their possession-makes their actions
 entirely innocent.  The Government does not dispute
 the contention that virtually any semiautomatic weapon
 may be converted, either by internal modification or, in
 some cases, simply by wear and tear, into a machinegun
 within the meaning of the Act.  Cf. United States v.
 Anderson, 885 F. 2d 1248, 1251, 1253-1254 (CA5 1989)
 (en banc).  Such a gun may give no externally visible
 indication that it is fully automatic.  See United States
 v. Herbert, 698 F. 2d 981, 986 (CA9), cert. denied, 464
 U. S. 821 (1983).  But in the Government's view, any
 person who has purchased what he believes to be a
 semiautomatic rifle or handgun, or who simply has
 inherited a gun from a relative and left it untouched in
 an attic or basement, can be subject to imprisonment,
 despite absolute ignorance of the gun's firing capabili-
 ties, if the gun turns out to be an automatic.  
   We concur in the Fifth Circuit's conclusion on this
 point: -It is unthinkable to us that Congress intended to
 subject such law-abiding, well-intentioned citizens to a
 possible ten-year term of imprisonment if . . . what they
 genuinely and reasonably believed was a conventional
 semiautomatic [weapon] turns out to have worn down
 into or been secretly modified to be a fully automatic
 weapon.-  Anderson, supra, at 1254.  As we noted in
 Morissette, the -purpose and obvious effect of doing away
 with the requirement of a guilty intent is to ease the
 prosecution's path to conviction.-  342 U. S., at 263. 
 We are reluctant to impute that purpose to Congress
 where, as here, it would mean easing the path to
 convicting persons whose conduct would not even alert
 them to the probability of strict regulation in the form
 of a statute such as 5861(d).
 
                       C
   The potentially harsh penalty attached to violation of
 5861(d)-up to 10 years' imprisonment-confirms our
 reading of the Act.  Historically, the penalty imposed
 under a statute has been a significant consideration in
 determining whether the statute should be construed as
 dispensing with mens rea.  Certainly, the cases that first
 defined the concept of the public welfare offense almost
 uniformly involved statutes that provided for only light
 penalties such as fines or short jail sentences, not
 imprisonment in the state penitentiary.  See, e. g.,
 Commonwealth v. Raymond, 97 Mass. 567 (1867) (fine
 of up to $200 or six months in jail, or both); Common-
 wealth v. Farren, 91 Mass. 489 (1864) (fine); People v.
 Snowberger, 113 Mich. 86, 71 N. W. 497 (1897) (fine of
 up to $500 or incarceration in county jail).  
   As commentators have pointed out, the small penalties
 attached to such offenses logically complemented the
 absence of a mens rea requirement: in a system that
 generally requires a -vicious will- to establish a crime,
 4 W. Blackstone, Commentaries *21, imposing severe
 punishments for offenses that require no mens rea would
 seem incongruous.  See Sayre, Public Welfare Offenses,
 33 Colum. L. Rev. 55, 70 (1933).  Indeed, some courts
 justified the absence of mens rea in part on the basis
 that the offenses did not bear the same punishments as
 -infamous crimes,- Tenement House Dept. v. McDevitt,
 215 N. Y. 160, 168, 109 N. E. 88, 90 (1915) (Cardozo,
 J.), and questioned whether imprisonment was compati-
 ble with the reduced culpability required for such
 regulatory offenses.  See, e. g., People ex rel. Price v.
 Sheffield Farms-Slawson-Decker Co., 225 N. Y. 25,
 32-33, 121 N.E. 474, 477 (1918) (Cardozo, J.); id., at 35,
 121 N. E., at 478 (Crane, J., concurring) (arguing that
 imprisonment for a crime that requires no mens rea
 would stretch the law regarding acts mala prohibita
 beyond its limitations).  Similarly, commentators
 collecting the early cases have argued that offenses
 punishable by imprisonment cannot be understood to be
 public welfare offenses, but must require mens rea.  See
 R. Perkins, Criminal Law 793-798 (2d ed. 1969) (sug-
 gesting that the penalty should be the starting point in
 determining whether a statute describes a public welfare
 offense); Sayre, supra, at 72 (-Crimes punishable with
 prison sentences . . . ordinarily require proof of a guilty
 intent-).
   In rehearsing the characteristics of the public welfare
 offense, we, too, have included in our consideration the
 punishments imposed and have noted that -penalties
 commonly are relatively small, and conviction does no
 grave damage to an offender's reputation.-  Morissette,
 342 U. S., at 256.  We have even recognized that it
 was -[u]nder such considerations- that courts have
 construed statutes to dispense with mens rea.  Ibid.
   Our characterization of the public welfare offense in
 Morissette hardly seems apt, however, for a crime that
 is a felony, as is violation of 5861(d).  After all,
 -felony- is, as we noted in distinguishing certain com-
 mon law crimes from public welfare offenses, -`as bad a
 word as you can give to man or thing.'-  Morissette,
 supra, at 260 (quoting 2 F. Pollock & F. Maitland,
 History of English Law 465 (2d ed. 1899)).  Close adher-
 ence to the early cases described above might suggest
 that punishing a violation as a felony is simply incom-
 patible with the theory of the public welfare offense.  In
 this view, absent a clear statement from Congress that
 mens rea is not required, we should not apply the public
 welfare offense rationale to interpret any statute
 defining a felony offense as dispensing with mens rea. 
 But see Balint, supra.
   We need not adopt such a definitive rule of construc-
 tion to decide this case, however.  Instead, we note only
 that where, as here, dispensing with mens rea would
 require the defendant to have knowledge only of tradi-
 tionally lawful conduct, a severe penalty is a further
 factor tending to suggest that Congress did not intend
 to eliminate a mens rea requirement.  In such a case,
 the usual presumption that a defendant must know the
 facts that make his conduct illegal should apply.
 
                      III
   In short, we conclude that the background rule of the
 common law favoring mens rea should govern interpreta-
 tion of 5861(d) in this case.  Silence does not suggest
 that Congress dispensed with mens rea for the element
 of 5861(d) at issue here.  Thus, to obtain a conviction,
 the Government should have been required to prove that
 petitioner knew of the features of his AR-15 that
 brought it within the scope of the Act.
   We emphasize that our holding is a narrow one.  As
 in our prior cases, our reasoning depends upon a com-
 mon-sense evaluation of the nature of the particular
 device or substance Congress has subjected to regulation
 and the expectations that individuals may legitimately
 have in dealing with the regulated items.  In addition,
 we think that the penalty attached to 5861(d) suggests
 that Congress did not intend to eliminate a mens rea
 requirement for violation of the section.  As we noted in
 Morissette, -[N]either this Court nor, so far as we are
 aware, any other has undertaken to delineate a precise
 line or set forth comprehensive criteria for distinguishing
 between crimes that require a mental element and
 crimes that do not.-  342 U. S., at 260.  We attempt no
 definition here, either.  We note only that our holding
 depends critically on our view that if Congress had
 intended to make outlaws of gun owners who were
 wholly ignorant of the offending characteristics of their
 weapons, and to subject them to lengthy prison terms,
 it would have spoken more clearly to that effect.  Cf.
 United States v. Harris, 959 F. 2d 246, 261 (CADC),
 cert. denied, 506 U. S. ___ (1992).
   For the foregoing reasons, the judgment of the Court
 of Appeals is reversed and the case remanded for further
 proceedings consistent with this opinion.
 So ordered. 



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[From the clarinet article.]
	Justice John Paul Stevens and Harry A. Blackmun dissented.
	``Semiautomatic weapons that are readily convertible into
machine guns are sufficiently dangerous to alert persons who
knowingly possess them to the probability of stringent public
regulation,'' Stevens wrote for the two.
	The case is Staples vs. U.S., 92-1441.

-andy

