United States v. Shaw
2012 U.S. App. LEXIS 4147
| 1st Cir. | 2012Background
- Shaw was convicted of possessing an unregistered firearm under the National Firearms Act (NFA) based on a sawed-off shotgun with a barrel under 18 inches.
- A 12-gauge shotgun with a shortened barrel (internally 16.25 inches) and a cut stock was found in Shaw's car after a high-speed chase and stopping Shaw's vehicle.
- State officers observed the weapon’s distinctive shortened barrel and suspect its regulation status; the outside bore evidence of shortening and a homemade sling.
- A trunk contained a second shotgun and ammunition; Shaw was found in possession of ammunition suitable for hunting and other weapons were recovered during a search.
- Forensic testimony described the internal measurement method and external appearance, supporting that the weapon fell within the Act's regulatory scope.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shaw knew the barrel was under 18 inches | Shaw knew the barrel length given familiarity with firearms | Shaw lacked evidence of knowing the exact barrel length | Yes, sufficient evidence of knowledge |
| Whether Staples mens rea applies to short-barreled shotguns | Staples applies, requiring knowledge of the regulated feature | Staples not required for short-barreled shotguns | Staples applies; knowledge required |
| Whether willful blindness can substitute for actual knowledge | Willful blindness supports knowledge if proven | No willful blindness evidence enough to meet standard | Willful blindness not necessary given sufficient actual knowledge |
| Whether evidence of flight supports knowledge | Flight indicates consciousness of guilt regarding length | Flight could be due to various illegal acts | Flight alone not dispositive; sufficient knowledge shown |
Key Cases Cited
- Staples v. United States, 511 U.S. 600 (Supreme Court, 1994) (requires knowledge of offending weapon characteristics under the Act)
- United States v. Giambro, 544 F.3d 26 (1st Cir. 2008) (familiarity with weapon supports knowledge of characteristics)
- United States v. Nieves-Castaño, 480 F.3d 597 (1st Cir. 2007) (discusses mens rea in firearm possession)
- United States v. Edwards, 90 F.3d 199 (7th Cir. 1996) (visual observability considerations in barrel-length cases)
- O'Laughlin v. O’Brien, 568 F.3d 287 (1st Cir. 2009) (preserves strict sufficiency review for criminal verdicts)
- United States v. Hatch, 434 F.3d 1 (1st Cir. 2006) (standard for sufficiency in criminal convictions)