sillasse bryan argued march decided june held term willfully requires proof defendant knew conduct unlawful also knew federal licensing requirement pp used criminal context willful act generally one undertaken bad purpose see heikkinen words establish willful violation statute government must prove defendant acted knowledge conduct unlawful ratzlaf rejects petitioner argument two principal reasons particularized showing required first knowingly requirement three categories acts made unlawful demonstrates government must prove knowledge persuasive knowingly refers knowledge facts constituting offense distinguished knowledge law see bailey respect three knowingly categories background presumption every citizen knows law makes unnecessary adduce specific evidence prove mind regards willfully category issue however jury must find defendant acted mind knowledge conduct unlawful also rejected petitioner second argument must read require knowledge law light adoption similar interpretation cases concerned willful violations tax laws see cheek willful structuring cash transactions avoid bank reporting requirement see ratzlaf cases readily distinguishable involved highly technical statutes threatened ensnare individuals engaged apparently innocent conduct danger present jury found petitioner knew conduct unlawful pp petitioner additional arguments based reading congressional intent rejected fopa legislative history ambiguous offer much assistance since main support lies statements made opponents bill see schwegmann brothers calvert distillers next time fopa passed willfulness requirements uniformly interpreted require knowledge inaccurate number courts reached different conclusions moreover cases adopting petitioner view support notion disregard known legal obligation sufficient establish willful violation way make necessary petitioner final governed indicates congress intended willfully include knowledge similar reason pp trial misstatement law jury instruction given correct instructions sentence asserting government need prove petitioner knowledge breaking law provide basis reversal petitioner effectively object sentence context entire instructions seems unlikely jury misled petitioner failed raise argument second circuit grant certiorari limited narrow legal question hereinbefore decided pp affirmed tevens delivered opinion onnor ennedy outer homas reyer joined outer filed concurring opinion calia filed dissenting opinion ehnquist insburg joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press sillasse bryan petitioner writ certiorari appeals second circuit june justice stevens delivered opinion petitioner convicted willfully dealing firearms without federal license question presented whether term willfully requires proof defendant knew conduct unlawful whether also requires proof knew federal licensing requirement congress enacted omnibus crime control safe streets act stat title iv act congress made findings concerning impact traffic firearms prevalence lawlessness violent crime amended criminal code include detailed provisions regulating use sale firearms amended defined number unlawful acts subsection made unlawful person except licensed dealer engage business dealing firearms section established federal licensing program repeated prohibition dealing firearms without license specified penalties violating provision chapter read literally authorized imposition fine prison sentence five years person dealt firearms without license even person believed acting lawfully enacted omitted express scienter requirement therefore arguably imposed strict criminal liability every unlicensed dealer firearms act also omitted definition term engaged business even though conduct element unlawful act prohibited congress enacted firearms owners protection act fopa part cure omissions findings statute explained additional legislation necessary protect citizens respect acquisition possession use firearms lawful purposes fopa therefore amended include definition term engaged business amended add scienter requirement condition imposition penalties unlaw ful acts defined three categories offenses intent required defendant acted knowingly fourth category includes provision chapter required intent defendant acted willfully offense issue case provision willfully category ii jury found petitioner guilty accept government version evidence evidence proved petitioner federal license deal firearms used straw purchasers ohio acquire pistols purchased straw purchasers made false statements purchasing guns petitioner assured straw purchasers file serial numbers guns resold guns brooklyn street corners known drug dealing evidence unquestionably adequate prove petitioner dealing firearms knew conduct unlawful however evidence aware federal law prohibits dealing firearms without federal license petitioner charged conspiracy violate willfully engaging business dealing firearms substantive violation provision close evidence petitioner requested trial judge instruct jury petitioner convicted knew federal licensing requirement judge rejected request instead trial judge gave explanation term willfully person acts willfully acts intentionally purposely intent something law forbids bad purpose disobey disregard law person need aware specific law rule conduct may violating must act intent petitioner found guilty counts appeal argued evidence insufficient proof knowledge federal licensing requirement trial judge erred failing instruct jury knowledge essential element offense appeals affirmed concluded instructions proper government elicited ample proof petitioner acted willfully app eleventh circuit held necessary government prove defendant acted knowledge licensing requirement granted certiorari resolve conflict iii word willfully sometimes said word many meanings whose construction often dependent context appears see spies obviously differentiates deliberate unwitting conduct criminal law also typically refers culpable state mind explained murdock variety phrases used describe concept general matter used criminal context willful act one undertaken bad purpose words order establish willful violation statute government must prove defendant acted knowledge conduct unlawful ratzlaf petitioner argues particularized showing required case two principal reasons first argues fact congress used adverb knowingly authorize punishment three categories acts made unlawful word willfully referred unlicensed dealing firearms demonstrates government must shoulder special burden cases like argument persuasive term knowingly necessarily reference culpable state mind knowledge law justice jackson correctly observed knowledge requisite knowing violation statute factual knowledge distinguished knowledge law thus bailey held prosecution fulfills burden proving knowing violation escape statute demonstrates escapee knew actions result leaving physical confinement without permission staples held charge defendant possession unregistered machinegun unlawful required proof knew weapon possessed characteristics brought within statutory definition machinegun however necessary prove defendant knew possession unlawful see rogers plurality opinion slip thus unless text statute dictates different result term knowingly merely requires proof knowledge facts constitute offense respect three categories conduct made punishable performed knowingly background presumption every citizen knows law makes unnecessary adduce specific evidence prove mind directed hand required however respect conduct fourth category criminal done willfully jury must find defendant acted mind say acted knowledge conduct unlawful petitioner next argues must read require knowledge law interpretation willfully two contexts certain cases involving willful violations tax laws concluded jury must find defendant aware specific provision tax code charged violating see cheek similarly order satisfy willful violation ratzlaf concluded jury find defendant knew structuring cash transactions avoid reporting requirement unlawful see cases however readily distinguishable tax cases ratzlaf involved highly technical statutes presented danger ensnaring individuals engaged apparently innocent conduct result held statutes carv exception traditional rule rance law excuse require defendant knowledge law danger convicting individuals engaged apparently innocent activity motivated decisions tax cases ratzlaf present jury found petitioner knew conduct unlawful thus willfulness requirement carve exception traditional rule ignorance law excuse knowledge conduct unlawful required iv petitioner advances number additional arguments based reading congressional intent petitioner first points legislative history fopa history ambiguous offer petitioner much assistance petitioner main support lies statements made opponents bill stated however fears doubts opposition authoritative guide construction legislation schwegmann brothers calvert distillers zeal defeat bill understandably tend overstate reach nlrb fruit packers petitioner next argues time fopa passed willfulness requirements subsections uniformly interpreted lower courts require knowledge law petitioner argues congress intended willfully meaning initial matter lower courts come agreement courts stated willfulness satisfied disregard known legal obligation willful also interpreted variously refer purposeful intentional conduct indifferen ce requirements law moreover cases disregard known legal obligation held sufficient establish willfulness perfectly clear record licensee knowledge law thus cases support notion disregard known legal obligation cient establish willful violation way stand proposition required finally petitioner argues governed willfulness standard indicates congress intended willfully include knowledge law subsection prohibits licensees selling firearms person licensee knows reasonable cause believe reside licensee state except inter alia transaction fully complies laws seller buyer state subsection licensee shall presumed absence evidence contrary actual knowledge state laws published ordinances although petitioner argues presumption indicates congress intended willfulness require knowledge law offenses covered petitioner mistaken noted disregard known legal obligation certainly sufficient establish willful violation nothing contradicts basic distinction one sentence trial instructions jury read contained misstatement law portion instructions given correct statement already quoted judge stated case government required prove defendant knew license required government required prove knowledge breaking app emphasis added judge added words required license sentence accurate given nevertheless error provide basis reversal four reasons first petitioner object sentence except insofar argued jury instructed government burden proving knowledge federal licensing requirement second context entire instructions seems unlikely jury misled see park third petitioner failed raise argument appeals finally grant certiorari limited narrow legal question whether knowledge licensing requirement essential element offense accordingly judgment appeals affirmed ordered notes sec congress hereby finds declares widespread traffic firearms moving otherwise affecting interstate foreign commerce existing federal controls traffic adequately enable control traffic within borders exercise police power ease person acquire firearms rifle shotgun including criminals juveniles without knowledge consent parents guardians narcotics addicts mental defectives armed groups supplant functions duly constituted public authorities others whose possession weapons similarly contrary public interest significant factor prevalence lawlessness violent crime adequate federal control interstate foreign commerce weapons persons engaging businesses importing manufacturing dealing grave problem properly dealt effective state local regulation traffic made possible stat stat current version provision substantially version codified shall unlawful person except licensed importer licensed manufacturer licensed dealer engage business importing manufacturing dealing firearms course business ship transport receive firearm interstate foreign commerce penalties whoever violates provision chapter shall fined imprisoned five years stat congress finds additional legislation required reaffirm intent congress expressed section gun control act purpose title place undue unnecessary federal restrictions burdens citizens respect acquisition possession use firearms appropriate purpose hunting trapshooting target shooting personal protection lawful activity title intended discourage eliminate private ownership use firearms citizens lawful purposes stat title currently provides except otherwise provided subsection subsection section section whoever knowingly makes false statement representation respect information required chapter kept records person licensed chapter applying license exemption relief disability provisions chapter knowingly violates subsection section knowingly imports brings possession thereof firearm ammunition violation section willfully violates provision chapter shall fined title imprisoned five years see supra else make use straw purchasers assure shave serial numbers guns moreover street corner sales consistent belief legality enterprise although prohibition unlicensed dealing firearms set forth see supra criminal sanction set forth see supra knowledge law federal firearms statute defendant charged conspiracy violate allegedly violated sic specific intent statute must accordingly find beyond reasonable doubt defendant relevant times charged acted knowledge unlawful engage business firearms distribution lawfully purchased legally permissible transferee gun purchaser ou must persuaded actual knowledge federal firearms licensing laws defendant acted knowing intentional violation app citing ratzlaf app word often denotes act intentional knowing voluntary distinguished accidental used criminal statute generally means act done bad purpose felton potter spurr without justifiable excuse felton supra williams people pac people jewell mich louis ry batesville tel ark clay state tex cr stubbornly obstinately perversely wales miner ind lynch commonwealth claus chicago gt ry iowa state harwell word also employed characterize thing done without ground believing lawful roby newton conduct marked careless disregard whether one right act philadelphia ry fed state savre iowa state morgan see heikkinen willful failure deportee sense apply identify country willing receive absence evidence purpose justifiable excuse like said acted purpose without excuse murdock hen used criminal statue willfully generally means act done bad purpose felton omitting thing knowingly wilfully implies knowledge thing determination bad intent omit word wilfully says chief justice shaw ordinary sense used statutes means merely voluntarily bad purpose pick mass frequently understood says bishop signifying evil intent without justifiable excuse crim law vol sect sand siffert loughlin reiss modern federal jury instructions means act knowledge one conduct unlawful intent something law forbids say bad purpose disobey disregard law opinion dissenting decision upholding constitutionality statute authorizing punishment knowing violation interstate commerce regulation justice jackson wrote suggested defendant protected indefiniteness conviction authorized knowing violations argument seems jury find defendant knowingly violated regulation finds knew meaning regulation accused violating exception screws rests particularized basis knowledge requisite knowing violation statute factual knowledge distinguished knowledge law suppose intends suggest petitioner knew nothing existence regulation ignorance constitute defense boyce motor lines dissenting opinion liparota case concluded term knowing term knowingly title literally referred knowledge law well knowledge relevant facts see justice jackson translation terms mens rea actus reus found opinion morissette even tax cases always required heightened mens rea pomponio per curiam example jury instructed willful act one done bad purpose either disobey disregard law approved instruction concluding trial judge adequately instructed jury willfulness stated cheek proliferation statutes regulations sometimes made difficult average citizen know comprehend extent duties obligations imposed tax laws congress accordingly softened impact presumption making specific intent violate law element certain federal criminal tax offenses thus almost years ago interpreted statutory term used federal criminal tax statutes carving exception traditional rule every person presumed know law special treatment criminal tax offenses largely due complexity tax laws see bates slip noting ratzlaf holding based particular statutory context currency structuring ratzlaf holding based particular contex currency structuring statute urrency structuring inevitably nefarious person structures currency transaction invariably motivated desire keep government dark government construction statute criminalize apparently innocent activity cheek complex tax system uncertainty often arises even among taxpayers earnestly wish follow law purpose law penalize frank difference opinion innocent errors made despite exercise reasonable care bishop quoting spies murdock congress intend person reason bona fide misunderstanding liability tax duty make return adequacy records maintained become criminal mere failure measure prescribed standard conduct cheek see also ratzlaf noting venerable principle ignorance law generally defense criminal charge concluding congress intended otherwise particular contex currency structuring statute even ratzlaf decided chief judge breyer explained need specificity statutes inapplicable danger conviction defendant innocent state mind wrote believe criminal prosecutions law violations sort issue much resemble criminal prosecutions tax law violations compare sets laws technical sets laws sometimes criminalize conduct strike ordinary citizen immoral likely unlawful thus sets laws may lead unfair result criminally prosecuting individuals subjectively honestly believe acted criminally cheek sets forth legal standard requiring proof defendant subjectively aware duty issue avoid unfair results aversa concurring opinion therefore concluded standards apply tax cases cases ratzlaf moreover requiring knowledge conduct unlawful fully consistent purpose fopa fopa enacted protect citizens might inadvertently violate law see supra see also andrade example representative hughes staunch opponent bill stated willfulness requirement make next impossible convict dealers particularly engage business without acquiring license prosecution show dealer personally aware every detail law made conscious decision violate law cong rec even petitioner amicus acknowledges statement undoubtedly exaggeration brief national association criminal defense lawyers amicus curiae see also andrade see perri department treasury stein blumenthal rich supp sd ohio lewin blumenthal fin feather sport shop treasury department supp neb prino simon internal quotation marks omitted see also stein person intentionally act prohibited evil motive reliance erroneous advice acts careless disregard statutory requirements violation willful internal quotation marks omitted perri district found perri knew strawman transaction violate act stein record shows plaintiff agents instructed requirements law acknowledged understanding secretary regulations nevertheless despite repeated warnings secretary violations continued occur omitted powers bureau alcohol tobacco firearms supp nd bureau representatives inspected powers august pointed many violations gave copy regulations thoroughly explained obligations gave pamphlet explaining obligations date powers knew obligations shyda director bureau alcohol tobacco firearms supp md formal administrative hearing petitioner admitted stand oath aware specific legal obligation issue mayesh schultz sd uncontroverted evidence shows clearly plaintiff aware holding period requirements mayesh previously advised requirements illinois law clearly acknowledged aware mclemore treasury department supp nd finding owner pawnshop well employees knowledge law mayesh example stated uncontroverted evidence shows clearly plaintiff aware holding period requirements mayesh previously advised requirements illinois law clearly acknowledged aware since material facts undisputed matter law plaintiff clearly knowingly violated illinois holding provisions hence consider action matter law basis trial disputed facts connection sufficient justify refusal license renewal see also perri stating dealer understands requirements law knowingly fails follow indifferent willfulness established satisfied stein evidence repeated violations knowledge law requirements held sufficient establish willfulness emphasis added mclemore petitioner also argues statutory willfully violates provision chapter congressional intent attach liability defendant possesses specific knowledge provision chapter rejected similar argument international minerals chemical although case involved word knowingly phrase knowingly violates regulation response see reason word phrase provision chapter construed shorthand designation specific acts omissions violate act act viewed signal exception rule ignorance law excuse sillasse bryan petitioner writ certiorari appeals second circuit june justice souter concurring join opinion caveat petitioner raised preserved specific objection erroneous statement jury instructions see part ante vote vacate conviction sillasse bryan petitioner writ certiorari appeals second circuit june justice scalia chief justice justice ginsburg join dissenting petitioner sillasse bryan convicted willfully violating federal licensing requirement firearms dealers jury apparently found evidence clearly shows bryan aware general way aspect conduct unlawful see ante issue whether general knowledge illegality enough sustain conviction whether willful violation licensing provision requires proof defendant knew conduct unlawful specifically lacked necessary license point statute view genuinely ambiguous opinion devoted confirming half ambiguity refuting bryan various arguments statute clearly requires specific knowledge licensing requirement ante offers real justification implicit conclusion either statute unambiguously requires general knowledge illegality ambiguously requiring general knowledge enough instead curiously falls back traditional rule ignorance law excuse conclude knowledge conduct unlawful required ante view case calls application different familiar rule ambiguity criminal statute doubts resolved favor defendant adamo wrecking quoting bass section title makes unlawful person engage business dealing firearms without federal license provision enforced criminally imposes criminal penalties whoever willfully violates provision chapter word willfully wide range meanings construction often influenced context ratzlaf quoting spies contexts connotes nothing act intentional knowing voluntary distinguished accidental murdock present context however inasmuch preceding three subparagraphs specify mens rea knowingly firearms offenses see willful violation must require mental state culpable mere intent perform forbidden act concedes apparently agrees violation willful unless defendant knows general way conduct unlawful brief ante jury must find defendant acted mind say acted knowledge conduct unlawful concession takes case beyond useful application maxim ignorance law excuse everyone agrees requires knowledge law real question law answer knowledge law enoughor put another way defendant must ignorant every law violated course conduct innocent willfully violating licensing requirement points textual basis conclusion notoriously malleable word willfully instead seems fall back presumption apparently derived rule ignorance law excuse even ignorance law excuse excuse construed narrowly statutory language permits believe approach makes sense statute congress enacted quarrel assertion willfully requires general knowledge sense defendant need able recite chapter verse title code enough view defendant generally aware actus reus punished firearms without illegal willing accept mens rea general entirely divorced actus reus statute enacted punish approach turns strange unlikely creature bryan guilty willfully dealing firearms without federal license even example never heard licensing requirement aware violated law using straw purchasers filing serial numbers pistols ante even limit rational basis limit universe relevant laws federal firearms statutes bryan also act ing mind hence presumably guilty willfully dealing firearms without license knew transactions violated new york city business licensing sales tax ordinances matter suffice bryan knew car sold guns illegally doubleparked order meet appointed time sale intentionally violated pennsylvania speed limit drive back gun purchase ohio stop focusing conduct defendant actually charged selling guns without license see principled way determine law defendant must conscious violating see lewis slip scalia concurring judgment pointing similar interpretive problem potentially raised assimilative crimes act congress free course make criminal liability one statute turn knowledge another use firearms dealer statutes encourage compliance new york city tax collection efforts put judges juries kind mental gymnastics described strange results lightly assume congress intended make liability federal criminal statute depend heavily upon vagaries local local law dealing completely unrelated subjects must presumption cases like one think reasonable presume congress makes ignorance law defense criminal prohibition ordinarily means ignorance unlawfulness specific conduct punished criminal prohibition meaning given word willfully contexts concluded requires knowledge law see ratzlaf convict ratzlaf crime charged jury find knew structuring engaged unlawful cheek standard statutory willfullness requirement intentional violation known legal duty issue whether defendant knew duty purportedly imposed provision statute regulation accused violating explains cases ground involved highly technical statutes presented danger ensnaring individuals engaged apparently innocent conduct ante explanation complexity tax currency laws may explain interpreted willful require awareness illegality opposed merely act intentional knowing voluntary distinguished accidental murdock way justifies distinction seeks draw today knowledge law defendant actually charged violating knowledge law defendant conceivably charged violating protect pure heart necessary forgive someone whose surreptitious laundering drug money violates unbeknownst technical currency statute regardless complex violated statute may defendant acted mind seems likely congress presumption knowledge illegality mind enacted provision issue another section firearms owners protection act pub stat prohibits licensed dealers selling firearms residents unless fully comply laws provision goes state licensed dealers shall presumed purposes subparagraph absence evidence contrary actual knowledge state laws published ordinances ibid like provision issue violation criminal offense committed willfully within meaning quite correct provision establish beyond doubt willfully requires knowledge particular prohibitions violated fact knowledge attributed knowledge prohibitions sufficient demonstrate conclusively knowledge prohibitions sufficient ante though demonstrate certainly suggests say willful violation certain law criminal knowledge existence law presumed fairly reflects think presumption willful violation requires knowledge law violated one choose therefore think presumption statutory intent opposite one applies reasonable however decide case basis presumption common ground statutory context requires awareness law conviction statute simply ambiguous silent precise contours mens rea requirement face ambiguity invoke rule concerning ambit criminal statutes resolved favor lenity bass quoting rewis rule penal laws construed strictly perhaps much less old construction founded tenderness law rights individuals plain principle power punishment vested legislative judicial department era multiplying new federal crimes reason ever give ancient canon construction consistent application fostering uniformity interpretation criminal statutes reduce occasions produce judicial havoc resolving defendants favor circuit conflict regarding substantive elements federal crime see bousley respectfully dissent