8.70 FIREARMS—RECEIPT BY PERSON

UNDER INDICTMENT FOR FELONY

(18 U.S.C. § 922(n))

The defendant is charged in [Count _______ of] the indictment with receiving [a firearm] [ammunition] while under indictment for a felony in violation of Section 922(n) 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 under indictment for [specify felony]; and

Second, the defendant willfully received [specify firearm] [specify ammunition] that had been shipped or transported [from one state to another] [between a foreign nation and the United States].

Comment

Federal law prohibits receipt of a firearm by anyone charged with a felony, whether under state or federal law, or whether by indictment or information. See 18 U.S.C. § 921(a)(14) (defining "indictment" as including information).

Approved 5/2020