A Shot at Mens Rea in Aiding and Abetting Illegal Firearms Possession Under 18 U.S.C. § 922(G)

Abstract

This Note explains the current circuit split regarding aiding and abetting illegal firearm possession and argues that the split should be resolved legislatively by restricting § 922(g) charges via § 2(a). Possible judicial remedies are also discussed. Considerations include how the U.S. Supreme Court would resolve the current circuit split: the Court could either apply its reasoning in Staples v. United States 9 to § 922(g), or adopt its formulation of aiding and abetting in Nye & Nissen v. United States, or it could do both. Ultimately, the current disparity is best resolved by Congress, for it does not appear that aiding and abetting will ever find uniform judicial application within criminal law.

Keywords: criminal law, mens rea, aiding and abetting, firearm, gun control, Second Amendment