8.54 FIREARMS—SHIPMENT OR

TRANSPORTATION TO A PERSON NOT LICENSED

AS A DEALER, IMPORTER, MANUFACTURER	OR COLLECTOR

(18 U.S.C. § 922(a)(2))

The defendant is charged in [Count _______ of] the indictment with the [shipment] [transportation] of a firearm to a person not licensed as a [dealer] [importer] [manufacturer] [collector] of firearms, in violation of Section 922(a)(2) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant was a licensed firearms [dealer] [importer] [manufacturer] [collector];

Second, the defendant willfully [shipped] [transported] a [specify firearm] [[from one state to another] [between a foreign nation and the United States]]; and

Third, the defendant [shipped] [transported] the [specify firearm] to a person who was not licensed as a firearms [dealer] [importer] [manufacturer] [collector].

Comment

See Comment to Instruction 8.49 (False Impersonation of Citizen of United States).

While § 922(a)(2) also prohibits shipment or transportation of a firearm to a person not licensed as a firearms collector, a firearms collector's license authorizes transactions only in curio and relic firearms. See 18 U.S.C. § 923(b); 27 C.F.R. §§ 478.41(c) and (d), 478.50 and 478.93. Moreover, the prohibition in § 922(a)(2) does not apply to returning a firearm or replacing a firearm of the same kind or type to a person from whom it was received. It also does not prohibit depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who is authorized to receive such firearms for use in connection with that person's official duty. See 18 U.S.C. § 922(a)(2)(A) and (B).

Approved 5/2020