5th Cir. Pattern Jury Instr. (Criminal) 2.43A

18 U.S.C. §§ 922(a)(1)(A), 924(a)(1)(D)

Title 18, United States Code, Sections 922(a)(1)(A) and 924(a)(1)(D), make it a crime to

engage in the business of dealing in firearms without a federal license.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant was a person engaged in the business of selling firearms at

wholesale or retail on _______________ (date listed in the indictment);

Second: That the defendant engaged in such business without a license issued under federal

law; and

Third: That the defendant did so willfully; that is, that the defendant was dealing in firearms

with knowledge that his [her] conduct was unlawful.

A person is “engaged in the business of selling firearms at wholesale or retail” if that person

devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to

predominantly earn a profit through the repetitive purchase and resale of firearms. Such term does

not include a person who makes occasional sales, exchanges, or purchases of firearms for the

enhancement of a personal collection or for a hobby, or who sells all or part of his [her] personal

collection of firearms.

[A person is “engaged in the business of selling firearms at wholesale or retail” if that

person devotes time, attention, and labor to dealing in firearms as a regular course of trade or

business with the principal objective of livelihood and profit through the repetitive purchase and

resale of firearms. Such term does not include a person who makes occasional sales, exchanges,

or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells

all or part of his [her] personal collection of firearms.]

The term “to predominantly earn a profit” means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as

opposed to other intents, such as improving or liquidating a personal firearms collection. However,

proof of profit is not required as to a person who engages in the regular and repetitive purchase

and disposition of firearms for criminal purposes or terrorism.

[The term “with the principal objective of livelihood and profit” means that the intent

underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and

pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms

collection. However, proof of profit is not required as to a person who engages in the regular and

repetitive purchase and disposition of firearms for criminal purposes or terrorism.]

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