Wednesday, April 17, 2019

Argument preview: Must an unauthorized immigrant in possession of a firearm know he is in the country illegally?

Suporme court

Immigrants and guns are currently before the Supreme Court. Evan Lee preview the upcoming arguments in the case on SCOTUSBlog.  As he summarizes the issue before the Court:

"When the federal government prosecutes someone not legally in the United States for possessing a firearm, must the government prove that the person actually knew he was not legally in the country? Or need the government merely prove that the person knew he possessed the firearm? The U.S. Supreme Court will puzzle over this classic, yet novel, statutory question of `mens rea,' or criminal intent, when it hears argument on April 23 in Rehaif v. United States."

Rehaif overstayed his student visa and was out of status when he ran into firearm violation problems.

KJ

https://lawprofessors.typepad.com/immigration/2019/04/argument-preview-must-an-unauthorized-immigrant-in-possession-of-a-firearm-know-he-is-in-the-country-illegally.html

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