Earlier this week I concluded that a CNN reporter probably violated 18 U.S.C. 922(a)(3) by purchase of a .50 caliber rifle in a private sale in Houston, and returning with the rifle to his putative hometown of Atlanta. Now I'm not so sure.
Under 18 U.S.C. 924(a)(1)(D), it appears that a violation of 922(a)(3) is not punishable unless it is "willful." In Bryan v. United States, the Supreme Court construed the term "willful" in section 924(a)(1)(D) to require that the defendant knew his conduct was unlawful at the time of the prohibited act, although not that he knew what specific law he was breaking.
Given that the premise of the CNN reporter's story appears to have been that what he was doing was -- gasp! -- perfectly legal, I think it would be tough to prove that he acted in "willful" violation of section 922(a)(3). So while he may technically have violated the law, it's no longer clear to me that it's a violation for which he could be punished.
UPDATE: On the other hand, it appears that Mr. Reporter is still a deceitful sack of s***.
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