staples argued november decided may national firearms act criminalizes possession unregistered firearm including machinegun defined weapon automatically fires one shot single pull trigger petitioner staples charged possessing unregistered machinegun violation officers searching home seized semiautomatic rifle weapon normally fires one shot trigger pull apparently modified fully automatic fire trial staples testified rifle never fired automatically possessed ignorant automatic firing capability convicted district rejected proposed jury instruction establish violation government required prove beyond reasonable doubt staples knew gun fire fully automatically appeals affirmed concluding government need prove defendant knowledge weapon physical properties obtain conviction held obtain conviction government required prove beyond reasonable doubt staples knew rifle characteristics brought within statutory definition machinegun pp common law rule requiring mens rea element crime informs interpretation case indication congressional intent express implied required dispense mens rea silence element knowledge required conviction suggest page ii congress intended dispense conventional mens rea requirement require defendant know facts making conduct illegal pp rejects government argument act fits within line precedent concerning public welfare regulatory offenses thus presumption favoring mens rea apply case cases concerning public welfare offenses inferred silence congressional intent dispense conventional mens rea requirements statutes regulate potentially harmful injurious items cases reasoned long defendant knows dealing dangerous device character places responsible relation public danger alerted probability strict regulation placed notice must determine peril whether conduct comes within statute inhibition see balint freed guns however fall within category dangerous devices developed public welfare offense cases contrast selling dangerous drugs issue balint possession hand grenades considered freed private ownership guns country enjoyed long tradition entirely lawful conduct thus destructive potential guns general said put gun owners sufficiently notice likelihood regulation justify interpreting dispensing proof knowledge characteristics make weapon firearm statute government interpretation potentially impose criminal sanctions class persons whose mental state ignorance characteristics weapons possession makes actions entirely innocent congress intended make outlaws citizens spoken clearly effect pp potentially harsh penalty attached violation years imprisonment confirms foregoing reading act dispensing mens rea require defendant knowledge traditionally lawful conduct severe penalty factor tending suggest congress intend eliminate mens rea requirement pp holding narrow one depends common sense evaluation nature particular device congress subjected regulation expectations individuals may legitimately dealing device penalty page iii attached violation set forth comprehensive criteria distinguishing crimes require mental element crimes pp thomas delivered opinion rehnquist scalia kennedy souter joined ginsburg filed opinion concurring judgment joined stevens filed dissenting opinion blackmun joined staples justice thomas delivered opinion national firearms act makes unlawful person possess machinegun properly registered federal government petitioner contends convict act government required prove beyond reasonable doubt knew weapon possessed characteristics brought within statutory definition machinegun agree accordingly reverse judgment appeals national firearms act act imposes strict registration requirements statutorily defined firearms act includes within term firearm machinegun defines machinegun weapon shoots readily restored shoot automatically one shot without manual reloading single function trigger thus fully automatic weapon firearm within meaning staples act act firearms must registered national firearms registration transfer record maintained secretary treasury section makes crime punishable years prison see person possess firearm properly registered upon executing search warrant petitioner home local police agents bureau alcohol tobacco firearms batf recovered among things assault rifle civilian version military rifle unless modified semiautomatic weapon contrast selective fire rifle allows operator rotating selector switch choose semiautomatic automatic fire many parts interchangeable used convert automatic weapon doubt inhibit conversions manufactured metal stop receiver prevent selector switch installed rotating fully automatic position metal stop petitioner rifle however filed away rifle assembled selector switch several internal parts including hammer disconnector trigger suspecting modified capable fully automatic fire batf agents seized weapon petitioner subsequently indicted unlawful staples possession unregistered machinegun violation trial batf agents testified tested fired one shot single pull trigger undisputed weapon registered required petitioner testified rifle never fired automatically possession insisted operated semiautomatically even imperfectly often requiring manual ejection spent casing chambering next round according petitioner alleged ignorance automatic firing capability shielded criminal liability failure register weapon requested district instruct jury establish violation government must prove beyond reasonable doubt defendant knew gun fire fully automatically app brief appellant district rejected petitioner proposed instruction instead charged jury follows government need prove defendant knows dealing weapon possessing every last characteristic subjects regulation enough prove knows dealing dangerous device type alert one likelihood regulation tr appeals affirmed relying decision mittleider staples cert denied concluded government need prove defendant knowledge weapon physical properties obtain conviction granted certiorari resolve conflict courts appeals concerning mens rea required ii whether requires proof defendant knew characteristics weapon made firearm act question statutory construction observed liparota definition elements criminal offense entrusted legislature particularly case federal crimes solely creatures statute citing hudson cranch thus long recognized determining mental state required commission federal crime requires construction statute inference intent congress balint see also liparota supra language statute starting place inquiry see connecticut nat bank germain slip provides little explicit guidance case section silent concerning mens rea required violation simply shall unlawful person receive possess firearm registered national firearms registration transfer record nevertheless silence point necessarily suggest congress intended dispense conventional mens rea element require defendant know facts make conduct staples illegal see balint supra stating traditionally scienter necessary element every crime see also infra contrary must construe statute light background rules common law see gypsum requirement mens rea crime firmly embedded observed existence mens rea rule rather exception principles criminal jurisprudence internal quotation marks omitted see also morissette contention injury amount crime inflicted intention provincial transient notion universal persistent mature systems law belief freedom human consequent ability duty normal individual choose good evil doubt established concept influenced interpretation criminal statutes indeed noted common law rule requiring mens rea followed regard statutory crimes even statutory definition terms include balint supra relying strength traditional rule stated offenses require mens rea generally disfavored liparota supra suggested indication congressional intent express implied required dispense mens rea element crime cf gypsum supra morissette supra according government however nature purpose national firearms act suggest presumption favoring mens rea apply case government argues congress intended act regulate restrict circulation dangerous weapons consequently government staples view case fits line precedent concerning termed public welfare regulatory offenses understood congress impose form strict criminal liability statutes require defendant know facts make conduct illegal construing statutes inferred silence congress intend require proof mens rea establish offense example balint supra concluded narcotic act intended part minimize spread addictive drugs criminalizing undocumented sales certain narcotics required proof defendant knew selling drugs knew specific items sold narcotics within ambit statute see balint supra cf dotterweich stating dicta statute criminalizing shipment adulterated misbranded drugs require knowledge items misbranded adulterated explained dotterweich balint dealt familiar type legislation whereby penalties serve effective means regulation legislation dispenses conventional requirement criminal wrongdoing see also morissette supra public welfare offenses created congress recognized limited circumstances gypsum typically cases recognizing offenses involve statutes regulate potentially harmful injurious items cf international minerals chemical characterizing balint similar cases involving statutes regulating dangerous deleterious devices products obnoxious waste materials staples situations reasoned long defendant knows dealing dangerous device character places responsible relation public danger dotterweich supra alerted probability strict regulation assumed cases congress intended place burden defendant ascertain peril whether conduct comes within inhibition statute balint supra thus essentially relied nature statute particular character items regulated determine whether congressional silence concerning mental element offense interpreted dispensing conventional mens rea requirements see generally morissette supra staples government argues defines precisely sort regulatory offense described balint view guns whether statutory firearms dangerous devices put gun owners notice must determine hazard whether weapons come within scope act understanding district instruction case correct conviction rest simply proof defendant knew possessed firearm ordinary sense term government seeks support position decision freed involved prosecution possession unregistered grenades defendant knew items possession grenades concluded require government prove defendant also knew grenades unregistered sure deciding mens rea required respect element offense suggested act regulatory measure interest public safety may well premised theory one hardly surprised learn possession hand grenades innocent act ibid grenades explained highly dangerous offensive weapons less dangerous narcotics involved balint ibid reasoning provides little support dispensing mens rea case staples government concedes freed address issue presented freed decided require proof knowledge firearm unregistered question presented defendant possesses weapon firearm purposes act knows firearm general sense term raised considered determination defendant need know weapon unregistered suggests conclusion concerning whether requires defendant know features make weapon statutory firearm different elements offense require different mental see liparota bailey see also lafave scott handbook criminal law moreover analysis freed likening act public welfare statute balint rested entirely assumption defendant knew dealing hand grenades knew possessed particularly dangerous type weapon one within statutory definition firearm possession entirely innocent predicate analysis eliminated case question decided whether defendant must know particular characteristics make weapon statutory firearm notwithstanding distinctions government urges freed logic applies guns less grenades highly dangerous devices alert owners probability regulation gap freed case wide bridge glossing distinction grenades guns government ignores particular care taken avoid construing statute dispense mens rea criminalize staples broad range apparently innocent conduct liparota liparota considered statute made unlawful unauthorized acquisition possession food stamps determined statute required proof defendant knew possession food stamps unauthorized largely dispensing mens rea requirement resulted reading statute outlaw number apparently innocent acts ibid conclusion statute treated defining public welfare offense rested common sense distinction food stamp hardly compared hand grenade neither view guns compared hand grenades although contrast certainly stark presented liparota fact remains long tradition widespread lawful gun ownership private individuals country tradition apply possession hand grenades freed selling dangerous drugs considered balint see also international minerals balint fact freed construed assumption one hardly surprised learn possession hand grenades innocent act freed supra government essentially suggests interpret section altogether different assumption one hardly surprised learn owning gun innocent act proposition simply supported common experience guns general deleterious devices products obnoxious waste materials international minerals supra put owners notice stand responsible relation public danger dotterweich government protests guns unlike food stamps like grenades narcotics potentially staples harmful devices view seems liparota concern criminalizing ostensibly innocuous conduct inapplicable whenever item sufficiently dangerous dangerousness alone alert individual probable regulation justify treating statute regulates dangerous device dispensing mens rea item dangerous general sense necessarily suggest government seems assume also entirely innocent even dangerous items cases commonplace generally available consider alert individuals likelihood strict regulation suggested despite potential harm guns generally owned perfect innocence course might surely classify certain categories guns doubt including machineguns shotguns artillery pieces congress subjected regulation items ownership staples character attributed owning hand grenades freed precisely guns falling outside categories traditionally widely accepted lawful possessions destructive potential perhaps even greater items classify along narcotics hand grenades said put gun owners sufficiently notice likelihood regulation justify interpreting requiring proof knowledge weapon characteristics staples slightly different tack government suggests guns subject array regulations federal state local levels put gun owners notice must determine characteristics weapons comply legal requirements regulation sufficient place gun ownership category sale narcotics balint food stamps issue liparota subject comprehensive regulations yet understand statute dispense mens staples rea requirement moreover despite overlay legal restrictions gun ownership question whether regulations guns sufficiently intrusive impinge upon common experience owning gun usually licit blameless conduct roughly per cent american homes contain least one firearm sort vast majority buying shotgun rifle simple transaction alert person regulation buying car accept general rule government suggestion dangerous regulated items place owners obligation inquire peril compliance regulations undoubtedly reach untoward results automobiles example might also termed dangerous devices highly regulated state federal levels congress might see fit criminalize violation certain regulations concerning automobiles thus might make crime operate vehicle without properly functioning emission control system probably hesitate conclude basis silence congress intended prison term apply staples car owner whose vehicle emissions levels wholly unbeknownst began exceed legal limits regular inspection dates little doubt liparota government construction statute potentially impose criminal sanctions class persons whose mental state ignorance characteristics weapons possession makes actions entirely innocent government dispute contention virtually semiautomatic weapon may converted either internal modification cases simply wear tear machinegun within meaning act cf anderson en banc gun may give externally visible indication fully automatic see herbert cert denied government view person purchased believes semiautomatic rifle handgun simply inherited gun relative left untouched attic basement subject imprisonment despite absolute ignorance gun firing capabilities gun turns automatic concur fifth circuit conclusion point unthinkable us congress intended subject citizens possible term imprisonment genuinely reasonably believed conventional semiautomatic weapon turns worn secretly modified fully automatic weapon anderson supra noted morissette purpose obvious effect away staples requirement guilty intent ease prosecution path conviction reluctant impute purpose congress mean easing path convicting persons whose conduct even alert probability strict regulation form statute potentially harsh penalty attached violation years reading act historically penalty imposed statute significant consideration determining whether statute construed dispensing mens rea certainly cases first defined concept public welfare offense almost uniformly involved statutes provided light penalties fines short jail sentences imprisonment state penitentiary see commonwealth raymond mass fine six months jail commonwealth staples farren mass fine people snowberger fine incarceration county jail commentators pointed small penalties attached offenses logically complemented absence mens rea requirement system generally requires vicious establish crime blackstone commentaries imposing severe punishments offenses require mens rea seem incongruous see sayre public welfare offenses indeed courts justified absence mens rea part basis offenses bear punishments infamous crimes tenement house dept mcdevitt cardozo questioned whether imprisonment compatible reduced culpability required regulatory offenses see people ex rel price sheffield cardozo crane concurring arguing imprisonment crime requires mens rea stretch law regarding acts mala prohibita beyond limitations similarly commentators staples collecting early cases argued offenses punishable imprisonment understood public welfare offenses must require mens rea see perkins criminal law ed suggesting penalty starting point determining whether statute describes public welfare offense sayre supra crimes punishable prison sentences ordinarily require proof guilty intent rehearsing characteristics public welfare offense included consideration punishments imposed noted penalties commonly relatively small conviction grave damage offender reputation morissette even recognized nder considerations courts construed statutes dispense mens rea ibid characterization public welfare offense morissette hardly seems apt however crime felony violation felony noted distinguishing certain common law crimes public welfare offenses bad staples word give man thing morissette supra quoting pollock maitland history english law ed close adherence early cases described might suggest punishing violation felony simply incompatible theory public welfare offense view absent clear statement congress mens rea required apply public welfare offense rationale interpret statute defining felony offense dispensing mens rea see balint supra need adopt definitive rule construction decide case however instead note dispensing mens rea require defendant knowledge traditionally lawful conduct severe penalty factor tending suggest congress intend eliminate mens rea requirement case usual presumption defendant must know facts make conduct illegal apply iii short conclude background rule common law favoring mens rea govern interpretation case silence suggest congress dispensed mens rea element issue thus obtain conviction government required prove petitioner knew features brought within scope act staples emphasize holding narrow one prior cases reasoning depends upon common sense evaluation nature particular device substance congress subjected regulation expectations individuals may legitimately dealing regulated items addition think penalty attached suggests congress intend eliminate mens rea requirement violation section noted morissette either far aware undertaken delineate precise line set forth comprehensive criteria distinguishing crimes require mental element crimes attempt definition either note holding depends critically view congress intended make outlaws gun owners wholly ignorant offending characteristics weapons subject lengthy prison terms spoken clearly effect cf harris cadc cert denied staples foregoing reasons judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes parties regard mistranscription transcript contains word suggested instead subjects interpreting public welfare offenses require least defendant know dealing dangerous deleterious substance avoided construing criminal statutes impose rigorous form strict liability see international minerals chemical suggesting person shipping acid mistakenly thought shipping distilled water violate statute criminalizing undocumented shipping acids true strict liability might suggest defendant need know even dealing dangerous item nevertheless referred public welfare offenses dispensing eliminating mens rea requirement mental element see morissette dotterweich described strict liability crimes gypsum use term strict liability really misnomer interpreted statutes defining public welfare offenses eliminate requirement mens rea requirement guilty mind respect element crime statutes required defendant know facts make conduct fit definition offense generally speaking knowledge necessary establish mens rea reflected maxim ignorantia facti excusat see generally hawley mcgregor criminal law perkins criminal law ed williams criminal law general part staples cf regina tolson stephen may think maintained every case knowledge fact appearing statute extent element criminality much competent age sanity grenade firearm act dissent assertions contrary notwithstanding government position ccurately identified post precisely guns general dangerous items government like dissent cites sipes cert denied proposition defendant knowledge item possessed gun sufficient conviction brief indeed government argues guns placed category misbranded drugs dotterweich narcotics balint one hardly surprised learn freed laws affect one rights gun ownership brief dissent relies upon government repeated contention statute requires knowledge item issue highly dangerous type likely subject regulation assertion merely patterns general language used describe mens rea requirement public welfare offenses amounts assertion statute treated defining public welfare offense dissent asserts question whether guns deleterious devices whether gun one possessed petitioner post dissent characterizes semiautomatic weapon readily convertible machinegun post device dissent intends suggest category readily convertible provides benchmark defining knowledge requirement difficult see derives class weapons standard explained see supra government argument nothing ad hoc category weapons statute certainly suggest significance attach readily convertible semiautomatics class bears relation definitions act indeed absence definition clear contours category parties assume virtually semiautomatics may converted automatics limiting class readily convertible provides real guidance concerning required mens rea short every owner semiautomatic rifle handgun potentially meet mens rea test dissent apparently conceive mens rea requirement terms specific categories weapons rather views fluid concept require delineation concrete elements knowledge apply consistently case case dissent sees need define class items knowing possession satisfies mens rea element offense dissent view exact content knowledge requirement left jury case long jury concludes item given case sufficiently dangerous alert defendant likelihood regulation post knowledge requirement satisfied see also staples post mens rea requirement criminal statute question law determined decisions suggesting public welfare offenses require defendant know stands responsible relation public danger dotterweich way suggest constitutes public danger jury question courts interpretation statute define mens rea required conviction task reduced setting general standard post leaves jury determine based presumably jurors personal opinions whether items involved particular prosecution sufficiently dangerous place person notice regulation moreover discussion make clear determine threshold matter whether particular statute defines public welfare offense must view category dangerous deleterious devices assumed alert individual stands responsible relation public danger dotterweich supra truncated mens rea requirement described applies precisely determined statute regulates field knowing possession general class items alert individuals probable regulation dissent approach however seems every regulatory statute potentially treated public welfare offense long jury ultimately determines specific items involved prosecution sufficiently dangerous see ed supp iv requiring licensing manufacturers importers dealers guns regulating sale possession interstate transportation certain guns see dept justice bureau justice statistics sourcebook criminal justice statistics table example allowed adult residents felons mentally infirm purchase rifle shotgun simply proof identification cases simultaneous application permit see dept justice bureau justice statistics identifying persons felons ineligible purchase firearms exh congress office technology assessment automated record checks firearm purchasers july see also cooper reassessing nation gun laws editorial research reports table suggesting total dept treasury bureau alcohol tobacco firearms state laws published ed course express view concerning inferences jury may drawn regarding petitioner knowledge evidence case government contends congress intended precisely aid obtaining convictions requiring proof knowledge place heavy burden government obstruct proper functioning cf balint difficulty proving knowledge suggests congress intend require mens rea knowledge inferred circumstantial evidence including external indications signaling nature weapon firing fully automatic weapon make regulated characteristics weapon immediately apparent owner short confident defendant knows characteristics weapon bring within scope act government face great difficulty proving knowledge course congress thinks necessary reduce government burden trial ensure proper enforcement act remains free amend explicitly eliminating mens rea requirement leading english cases developing parallel theory regulatory offenses similarly involved violations punishable fine short term incarceration see regina woodrow ex fine adulterated tobacco hobbs winchester maximum penalty three months imprisonment sale unwholesome meat cf regina tolson wills determining whether criminal statute dispenses mens rea nature extent penalty attached offence may reasonably considered nothing need shock mind payment small pecuniary penalty person unwittingly done something detrimental public interest see state lindberg applying public welfare offense rationale felony see also gypsum noting individual violation sherman antitrust act felony punishable three years prison fine exceeding stating severity sanctions provides support conclusion act construed creating strict liability crimes cf holdridge blackmun federal criminal statute omits mention intent penalty relatively small conviction gravely besmirch statutory crime one taken common law statute construed one requiring criminal intent title makes crime punishable one year prison felony reaching conclusion find unnecessary rely rule lenity ambiguous criminal statute construed favor accused maxim construction reserved cases fter seiz ing every thing aid derived left ambiguous statute smith slip staples quoting bass turn quoting fisher cranch see also thomas concurring part concurring judgment chapman rule lenity inapplicable unless grievous ambiguity uncertainty statute background rule common law favoring mens rea substantial body precedent developed construing statutes specify mental element provide considerable interpretive tools seize aid leave us ultimate impression grievous ly ambiguous certainly concluded past statutes silent respect mens rea ambiguous see balint supra staples justice ginsburg justice joins concurring judgment statute petitioner harold staples charged violating makes crime person receive possess firearm registered although word knowingly appear statute text courts generally assume congress absent contrary indication means retain mens rea requirement ante see liparota gypsum thus holding freed require proof knowledge firearm unregistered rested premise defendant indeed knew items possessed hand grenades brennan concurring judgment government agree staples prosecutor must prove knowing possession items also knowledge items possessed hand conviction government accordingly concedes requires proof staples knowingly possessed machinegun brief question us whether knowledge possession required level knowledge suffices knowledge simply possession object knowledge addition object dangerous weapon knowledge beyond dangerousness characteristics render object subject regulation example awareness weapon machinegun recognizing first reading effectively dispenses mens rea government adopts second contending avoids criminalizing apparently innocent conduct liparota supra second reading defendant possessed thought toy violin case fact machinegun convicted brief government however take adequate account widespread lawful gun ownership congress allowed persist country see harris cadc per curiam cert denied given notable lack comprehensive regulation mere unregistered possession certain types regulated weapons often difficult staples distinguish nonregulated types held inadequate establish requisite knowledge see nation legislators chose place registration requirement limited class firearms considered especially dangerous generally dangerous character guns therefore observes ante suffice give individuals staples situation cause inquire need registration compare balint requiring reporting sale strictly regulated narcotics opium cocaine third reading suits purpose mens rea requirement shield people punishment apparently innocent activity indictment staples case charges knowingly received possessed firearms app brief appellant staples firearms circumscribed statutory definition see firear government contends staples possessed violation machinegun see indictment thus effectively charged staples knowingly possessed machinegun knowingly possessed logically means possessed knew possessed government reconcile jury instruction indictment implausible assumption term firear two different meanings used charge simply gun referring petitioner knew machinegun referring possessed see cunningham levi green kaplan plain meaning hard cases yale cf ratzlaf slip construing statutory term bear meaning time called play staples reasons conclude conviction requires proof defendant knew possessed simply gun machinegun indictment case jury instruction properly described knowledge requirement therefore concur judgment contrary dissent suggestion confined presumption mens rea statutes codifying traditional common law offenses also applied presumption offenses entirely creature statute post issue liparota gypsum recently posters things slip courts appeals adopted variant third reading holding government must show defendant knew gun machinegun allowing inference requisite knowledge visual inspection gun reveal converted automatic weapon see anderson en banc mens rea presumption requires knowledge facts make defendant conduct illegal lest conflict related presumption deeply rooted american legal system ordinarily ignorance law mistake law defense criminal prosecution cheek cf freed brennan concurring judgment ancient maxim ignorance law excuse residual validity indicates ordinary intent requirement mens rea criminal law require knowledge act illegal wrong maxim explains innocent actors example defendant knows possesses weapon characteristics subject registration unaware registration requirement thought gun registered may convicted see post knowledge whether gun registered closely related knowledge registration requirement requiring government prove former effect require prove knowledge law cf freed supra brennan concurring judgment indictment charged staples possession two unregistered staples machineguns jury found guilty knowingly possessing one tr trial instructed jury person knowingly possession thing possession occurred voluntarily intentionally mistake accident innocent reason purpose adding word knowingly insure one convicted possession firearm intend possess government need prove defendant knows dealing weapon possessing every last characteristic subjects regulation enough prove knows dealing dangerous device type alert one likelihood regulation knowledge particular item fact regulated person acts peril mere possession unregistered firearm violation law necessary government prove defendant knew weapon possession firearm within meaning statute knowingly possessed firearm tr staples avoid slight possibility injustice unsophisticated owners machineguns shotguns substituted views sound policy judgment congress made enacted national firearms act act addition text foreclosed statute precedent respectfully dissent preoccupied guns generally owned perfect innocence ante case however involves semiautomatic weapon readily convertible machinegun weapon jury found dangerous device type alert one likelihood regulation ante guns sort found almost percent american homes ante particularly dangerous indeed staples substantial percentage unregistered machineguns circulation converted semiautomatic weapons question presented whether national firearms act imposed government burden proving beyond reasonable doubt defendant knew possessed dangerous device sufficient alert regulation also knew characteristics firearm defined statute three unambiguous guideposts direct us correct answer question text structure act cases construing act similar regulatory legislation act history interpretation contrary assertion text statute provide explicit guidance case cf ante relevant section act makes unlawful person receive possess firearm registered national firearms registration transfer record significantly section contains knowledge requirement describe common law crime common law generally condemn acts criminal unless actor evil purpose mental culpability morissette aware facts made staples conduct unlawful balint interpreting statutes codified traditional common law offenses courts usually followed rule even text statute contained requirement ibid offense involved case entirely creature statute however background rules common law cf ante require particular construction critically different rules construction apply see morissette morissette justice jackson outlined one interpretive rule ongressional silence mental elements act merely adopting federal statutory law concept crime already well defined common law statutory interpretation may warrant quite contrary inferences silence creating offense new general law whose definition courts guidance except act staples provision place overall statutory scheme see crandon confirms intention congress originally enacted statute limited coverage act relatively narrow category weapons submachineguns shotguns weapons characteristically used professional gangsters like al capone pretty boy floyd henchmen time act little application guns used hunters guns kept home protection unwelcome intruders congress therefore reasonably presume person found possession unregistered machinegun shotgun intended use criminal purposes statute whole particularly decision criminalize mere possession reflected legislative judgment likelihood innocent possession unregistered weapon remote far less significant interest depriving gangsters use staples addition time enactment already construed comparable provisions harrison act require proof knowledge facts constitute proscribed offense balint indeed attorney general cummings expressly advised congress text gun control legislation deliberately followed language act reap benefit cases construing given reasoning balint properly may infer congress intend read stricter knowledge requirement gun control legislation read act cannon university chicago like act current national firearms act primarily regulatory measure statute establishes taxation registration reporting recordkeeping requirements businesses transactions involving statutorily defined firearms requires firearm identified serial number secretary treasury must maintain central registry includes names addresses persons possession firearms controlled government congress also prohibited staples certain acts omissions including possession unregistered firearm acknowledges ante interpret statutory offenses look nature statute particular character items regulated determine level knowledge required conviction examination light precedent dictates crime possession unregistered machinegun category offenses described public welfare crimes decisions interpreting offenses clearly require affirmance petitioner conviction ii public welfare offenses share certain characteristics regulate dangerous deleterious devices products obnoxious waste materials see international minerals chemical heighten duties control particular industries trades properties activities affect public health safety welfare morissette depend mental element consist forbidden acts omissions examples staples offenses include congress exertion power keep dangerous narcotics hazardous substances impure adulterated foods drugs channels commerce purposes legislation thus touch phases lives health people circumstances modern industrialism largely beyond regard purposes infuse construction legislation treated working instrument government merely collection english words prosecution based familiar type legislation whereby penalties serve effective means regulation legislation staples dispenses conventional requirement criminal wrongdoing interest larger good puts burden acting hazard upon person otherwise innocent standing responsible relation public danger dotterweich citing balint citations omitted recognizes reasoned long defendant knows dealing dangerous device character places responsible relation public danger dotterweich supra alerted probability strict regulation assumed cases congress intended place burden defendant ascertain peril whether conduct comes within inhibition statute balint supra ante staples justice ginsburg erroneously rely upon tradition al innocence gun ownership find congress must intended government prove knowledge characteristics make weapon statutory firear ante ante ginsburg concurring judgment held freed however offense may committed one awareness either wrongdoing facts constitute offense nevertheless asserting government gloss es distinction grenades guns determines gap freed case wide bridge ante instead reaches rather surprising conclusion guns analogous food stamps hand grenades even staples one accepts dubious proposition founds upon faulty premise mischaracterization government submission one contending guns dangerous devices put gun owners notice ante emphasis added accurately identified government position presents question whether guns one possessed petitioner highly dangerous offensive weapons less dangerous narcotics balint hand grenades freed see ante quoting freed staples thus even assuming correct mere possession ordinary rifle pistol entail sufficient danger alert one possibility regulation conclusion resolve case petitioner knowingly possessed semiautomatic weapon readily convertible machinegun character nature weapon sufficiently hazardous place possessor notice possibility regulation see posters things slip citation omitted significant difference exists staples imposing upon possessor duty determine whether weapon registered freed imposing duty determine whether weapon converted machinegun cases arise course defendant know device dangerous unless knew firearm defined act freed case unless defendant knew device question hand grenade necessarily known dangerous given text nature statute utterly implausible suggest congress intended owner shotgun criminally liable knew barrel inches long mistakenly believed gun barrel yet holding today assumes congress intended bizarre result enforcement public welfare offenses always entails possibility injustice congress nevertheless repeatedly decided overriding public interest health safety may outweigh risk person dealing products sufficiently dangerous deleterious make reasonable presume either knows know whether products conform special regulatory requirements dangerous character product staples reasonably presumed provide sufficient notice probability regulation justify strict enforcement merely guilty negligent rather willful misconduct national firearms act within category public welfare statutes enacted congress regulate highly dangerous items government submits conviction statute may supported proof defendant knew item issue highly dangerous type likely subject regulation brief undisputed evidence case met standard nevertheless neither justice thomas justice ginsburg explained knowledge requirement unfaithful cases text act instead following approach staples decision harris cadc per curiam cert denied sub nom smith simply explained judgment unfair punish possessor machinegun iii history interpretation national firearms act supports conclusion congress intend require knowledge facts constitute offense possession unregistered weapon first years enforcement act consistent absence knowledge requirement reasoning balint courts uniformly construed require knowledge characteristics weapon brought within statute case decided blackmun reviewed earlier cases concluded defendant knowledge possessed gun scienter statute requires sipes cert denied congress subsequently amended statute twice amendments added knowledge requirements portions act neither text history either staples amendment discloses intent add knowledge requirement possession unregistered firearm offense given one partial exception every federal tribunal address question concluded proof knowledge facts constituting violation required conviction may infer congress intended interpretation survive see lorillard pons short petitioner knowledge possessed item sufficiently dangerous alert likelihood regulation supported conviction first half century enforcement statute unless application standard particular staples case violates due process clause responsibility congress amend statute congress deems unfair unduly strict iv premise purpose mens rea requirement avoid punishing people apparently innocent activity justice ginsburg concludes proof knowledge weapon dangerous device type alert one likelihood regulation adequate mens rea requirement proof knowledge weapon possesses every last characteristic subjects regulation ante ginsburg concurring judgment quoting trial jury instruction assuming innocent activity describes conduct without consciousness wrongdoing risk punishing activity avoided reading statute common law concept mens rea evil purpose mental culpability morissette even petitioner contend government must prove guilty intent intentional wrongdoing instead mens rea issue staples case simply knowledge requirement congress implicitly included offense least five possible knowledge requirements four entail risk completely innocent mistake subject defendant punishment first defendant may know possesses weapon characteristics make firearm within meaning statute also know never registered ignorant federal registration requirement case presume knowledge law even know defendant innocent sense justice ginsburg uses word second defendant may know possesses weapon characteristics statutory firearm also know law requires registered mistakenly believe fact registered freed squarely holds defendant innocence defense third defendant may know possesses weapon characteristics statutory firearm neither ignorance registration requirement ignorance fact weapon unregistered protects innocent defendant fourth defendant may know possesses weapon sufficiently dangerous likely regulated know characteristics statutory firearm petitioner asserts example innocent defendant fifth defendant may know possesses ordinary gun aware widespread lawful gun ownership country reasonably assume need inquire need registration ante ginsburg concurring judgment course case see supra staples justice ginsburg treats first second third alternatives differently fourth fifth acceptance knowledge characteristics statutory firearm sufficient predicate criminal liability despite ignorance either duty register fact nonregistration must rest premise knowledge alert owner likelihood regulation thereby depriving conduct apparen innocen ce yet fourth alternative jury determines knowledge characteristics weapon known defendant alert owner likelihood regulation short justice ginsburg reliance purpose mens rea requirement shield people punishment apparently innocent activity ante neither explains ignorance certain facts defense although ignorance others justifies disagreement jury finding defendant knew facts caused inquire need registration staples case presents dispute dangerous character machineguns shotguns anyone possession weapon standing responsible relation public danger see dotterweich citation omitted national firearms act congress determined serious threat health safety posed private ownership firearms warranted imposition duty owners dangerous weapons determine whether possession lawful semiautomatic weapons readily convertible machineguns sufficiently dangerous alert persons knowingly possess probability stringent public regulation jury finding petitioner knowingly possessed dangerous device type alert one likelihood regulation adequately supports conviction accordingly affirm judgment appeals indeed percent guns semiautomatic see national rifle association fact sheet firearms although known many weapons readily convertible machineguns obviously lesser share total see dept justice attorney general task force violent crime final report stating period percent machineguns seized purchased bureau alcohol tobacco firearms converted semiautomatic weapons simple tool work addition readily available parts citing dept treasury bureau alcohol tobacco firearms firearms case summary washington govt printing office seventh circuit comment similar case equally apt crime possessing unregistered firearm knowingly possessing unregistered firearm possessing weapon knowing firearm possessing firearm knowing unregistered petitioner proposal interpret knowledge intent requirement invent one ross per curiam emphasis original cert denied late early brought growing perception crime major problem national one riminal gangs found submachinegun fully automatic weapon utilizing automatic pistol cartridges shotgun deadly fighting hardy firearms owners protection act historical legal perspective senate report bill explained gangster law violator must deprived dangerous weapon machinegun committee opinion limiting bill taxing guns machineguns sufficient time thought necessary go far include pistols revolvers sporting arms justification permitting citizen keep pistol revolver protection without restriction reason anyone except law officer machinegun shotgun balint case acknowledging general common law rule made knowledge facts element every crime held statutory crimes question one legislative intent act construed authorize punishment person act violation law even ignorant facts making balint policy law may order stimulate proper care require punishment negligent person though ignorant noxious character sells see national firearms act hearings house committee ways means omission mental element norm statutes designed deal inaction registering gun cleaning warehouse park like acts done without thinking often omission occurs lack attention yet congress may sound reasons requiring people investigate act objectives achieved courts add mental elements statutes ross statutes sometimes referred strict liability offenses notes defendant must know engaged type dangerous conduct likely regulated use term strict liability describe offenses inaccurate ante therefore use term public welfare offense describe type statute see balint see international minerals chemical see dotterweich morissette expressing approval public welfare offense cases stated neither far aware undertaken delineate precise line set forth comprehensive criteria distinguishing crimes require mental element crimes attempt closed definition law subject neither settled static footnotes omitted freed holding violation may established without proof defendant aware fact firearm possessed unregistered holding freed thus squarely odds conclusion defendant must know facts make conduct illegal ante justice ginsburg reliance upon liparota misplaced ante ante although usually concerned fine nuances statutory text discussion liparota simply ignores fact food stamp fraud provision unlike contained word knowingly members liparota disagreed proper interpretation dissenters accepted government view term merely required proof defendant knowledge facts constituted crime see liparota white dissenting read require awareness relevant aspects one conduct rendering illegal fact illegality majority however concluded knowingly also connoted knowledge illegality neither knowingly comparable term staples appears statute us today requires even less proof knowledge dissenters demanded liparota justice ginsburg similarly assumes character guns said place upon defendants obligation inquire need registration ante emphasis added government note courts appeals required proof knowledge weapon firearm within general meaning term brief citing cases contrary assertion ante however government advance test appropriate knowledge requirement instead supports one used courts appeals compare description government position following statements government brief defendant may convicted offenses long government proves knew item issue highly dangerous type likely subject regulation brief appeals correctly required government prove petitioner knew possessed dangerous weapon likely subject regulation intent requirement applicable section knowledge one dealing dangerous item type likely subject regulation staples criminal statute involves regulation highly hazardous substance especially penalizes failure act comply registration scheme defendant knowledge dealing substance likely subject regulation provides sufficient intent support conviction rather absent contrary congressional direction knowledge highly dangerous nature articles involved likelihood subject regulation takes place rigorous knowledge requirement applicable apparently innocent harmless devices subject regulation instruction require government prove petitioner knew weapon possess ed every last characteristic subjects regulation need know dealing dangerous device type alert one likelihood regulation tr instruction accurately describes mental state necessary violation section roof defendant fair notice item possessed highly dangerous likely regulated sufficient support conviction justice ginsburg apparently assume outer limits notice broader category dangerous objects congress delineated firearms ante ante holding posters things illustrates error assumption retailer may know whether certain merchandise actually drug paraphernalia term defined relevant federal statute may nevertheless violate staples law aware customers general likely use merchandise drugs slip owner semiautomatic weapon readily convertible machinegun certainly aware dangerous nature consequent probability regulation even know whether weapon actually machinegun ignorance precise characteristics render item forbidden defense items likely drug paraphernalia obviously dangerous thus regulated items likely firearms matter law level knowledge required statute therefore contrary suggestion ante left determination exact content knowledge requirement jury leave jury usual function application legal standard facts performing function juries frequently required determine law violated application general standard see posters things slip miller california also supports conclusion basis purported disparity penalty provided statute regulatory offenses although modest penalty may indicate crime public welfare offense penalty recognizes ante requisite characteristic public welfare offenses example crime involved balint involved punishment five years imprisonment see dotterweich see also morissette noting rape one young consent offense victim actual age determinative despite defendant reasonable belief girl reached age consent moreover congressional authorization range penalties instance probation demonstrates recognition relatively innocent conduct punished staples less severely significantly congress included knowledge requirement making unlawful make cause making false entry application return record required chapter knowing entry false emphasis added congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion rodriguez internal quotation marks citations omitted see also lawrence county staples school dist herbert cert denied requiring government prove knowledge characteristics weapon external signs indicated weapon firearm appeals adopt view majority today see williams see gonzalez cert denied morgan cowper cert denied de bartolo vasquez cert denied overruled anderson en banc already noted freed consistent government position although government accepted burden proving freed knew item possessed hand grenade possessor unfamiliar object hand grenade know dangerous item type likely subject regulation brief see also unless knew petitioner makes claim use term mens rea consistent morissette used term always connoted form wrongful intent cases employ simply mean whatever level knowledge required particular crime see bailey sense every crime except true strict liability offense contains mens rea requirement instance defined mens rea liparota knowledge illegality dissent however justice white equated term knowledge facts make conduct illegal today assigns term latter definition ante fact requires proof knowledge facts constitute violation ante requiring proof knowledge fact gun unregistered although disagree assumption widespread lawful staples gun ownership provides sufficient reason believing need register guns also widespread lawful automobile ownership acceptance assumption neither justifies majority holding contradicts conclusion facts case addition contrary justice ginsburg assumption one reads term firearm quoted section indictment mean gun indictment still charges offense differ critical jury instruction see ante even justice ginsburg correct technical variance petitioner makes claim variance prejudiced wording indictment course sheds light proper interpretation underlying statutory text although repeated use term statute may shed light statute construction see ratzlaf slip use indictment irrelevant question staples