AND · 18usc922:knowledge-possession
Exact element source
possess in or affecting commerce, any firearm or ammunitionSource:
docroot/ir/usc/title18.jsonl#title18_sec922; Unicode character offsets [17966:18025] (end exclusive); SHA-256 69d6082896652ca704d8da56c0a01daa1d10b51846206764bf1140610c756b65.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; provisional (1 case) | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:United States v. Kitchen — 57 F.3d 516 (1995) · United States Court of Appeals for the Seventh Circuit · 1995 — not reached · basis not recorded (18usc922: author: Fable · not independently reviewed) · applied/merits · not counted |
| _procedural accepted; provisional (1 case) | The element is only the occasion for a procedural ruling. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/procedural · not counted |
| _whole accepted; provisional (1 case) | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | United States v. Jtton Edward Watson — 142 F.4th 872 (2025) · Court of Appeals for the Sixth Circuit · 2025 — satisfied · conceded (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) · applied/merits · counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Kitchen — 57 F.3d 516 (1995) · United States Court of Appeals for the Seventh Circuit · 1995 — not reached (18usc922: author: Fable · not independently reviewed; 21usc841: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed) | Knowledge of possessing the firearm or ammunition | not_reached Excluded from merits counts applied / merits claim: (g)(1) Appears only inside the quoted definition ("knowingly has the power and the intention"); whether he knew the guns were in the bedroom is not separately discussed. | Unspecified route | No source quotation recorded for this block. |
| United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowledge of possessing the firearm or ammunition | satisfied Excluded from merits counts applied / procedural basis: proved; party: Bandak Wiyual Deng; count: 18 U.S.C. § 922(g)(3); subject: party=Bandak Wiyual Deng; count=18 U.S.C. § 922(g)(3) Not a sufficiency ruling: the court holds any error in excluding parts of the interview harmless because the other evidence of knowing possession was ample. Deng's theory was that he may have possessed a gun but not knowingly the one hidden in the car. | gun hidden under the dashboard of the car the defendant drove; he denied it was his but admitted touching and test-firing it and knew its load | They also found a gun under the dashboard—a Smith & Wesson 40-caliber pistol, loaded with three 9- millimeter rounds.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2216:2333] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.During the recorded conversation, Deng told the informant that he could not sell the gun then because he needed it for a funeral on February 26.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [1755:1899] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.But he later admitted touching it and test-firing it into a lake.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2898:2963] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.Deng also said he had only three bullets in the gun.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2964:3016] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.Detective White also testified that in the interview Deng asked him what type of gun was found in the car.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [20517:20623] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.“The record is replete with other evidence that would allow the jury to conclude that” Deng knowingly possessed the Smith & Wesson gun found in his car.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [21166:21318] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d. |
| United States v. Jtton Edward Watson — 142 F.4th 872 (2025) · Court of Appeals for the Sixth Circuit · 2025 — satisfied · conceded (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowledge of possessing the firearm or ammunition | satisfied Counted merits instance applied / merits basis: conceded; party: Jtton Edward Watson; count: 18 U.S.C. § 922(g)(1); subject: party=Jtton Edward Watson; count=18 U.S.C. § 922(g)(1) The element is established by stipulation, not by weighed evidence; the appellate ruling is that the stipulation waives the sufficiency challenge. The stipulation equally covered the prior conviction and knowledge of status (no separate blocks). | joint stipulation at a bench trial that the defendant knowingly possessed the pistol found in a lockbox in his car | To prove guilt under § 922(g)(1), the government was otherwise required prove beyond a reasonable doubt that: (i) the defendant had a prior felony conviction, (ii) the defendant knew that he had a prior felony conviction, (iii) the defendant thereafter knowingly possessed the firearm specified in the indictment, and (iv) the firearm had traveled in interstate commerce.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/872; Unicode character offsets [26750:27121] (end exclusive); SHA-256 753685ae1e41eb4d18dd06d7695bc1b07f5f6ed6ff39d30dfa0b2d87920de348.knowingly possessed a firearm and ammunition, that is, a 9mm Taurus, PTl11 Pro, bearing serial number TAP76805 (“firearm”) and ten rounds of 9mm ammunition.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/872; Unicode character offsets [27473:27629] (end exclusive); SHA-256 753685ae1e41eb4d18dd06d7695bc1b07f5f6ed6ff39d30dfa0b2d87920de348.The officers also found a metal lockbox with a key in it that contained a loaded firearm.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/872; Unicode character offsets [6201:6290] (end exclusive); SHA-256 753685ae1e41eb4d18dd06d7695bc1b07f5f6ed6ff39d30dfa0b2d87920de348.It is further stipulated and agreed that this Stipulation may be introduced into evidence as an exhibit, and that the facts herein stipulated have the same status, dignity, and effect as the undisputed testimony of credible witnesses.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/872; Unicode character offsets [27877:28111] (end exclusive); SHA-256 753685ae1e41eb4d18dd06d7695bc1b07f5f6ed6ff39d30dfa0b2d87920de348.Watson’s factual stipulation to all essential elements of his felon-in-possession charge constitutes a waiver of his right to challenge the sufficiency of the evidence for his conviction.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/872; Unicode character offsets [26547:26734] (end exclusive); SHA-256 753685ae1e41eb4d18dd06d7695bc1b07f5f6ed6ff39d30dfa0b2d87920de348. |
Court interpretations
interpretation
To prove guilt under § 922(g)(1), the government was otherwise required prove beyond a reasonable doubt that: (i) the defendant had a prior felony conviction, (ii) the defendant knew that he had a prior felony conviction, (iii) the defendant thereafter knowingly possessed the firearm specified in the indictment, and (iv) the firearm had traveled in interstate commerce.
United States v. Jtton Edward Watson — 142 F.4th 872 (2025) · Court of Appeals for the Sixth Circuit · 2025 (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))
To prove guilt under § 922(g)(1), the government was otherwise required prove beyond a reasonable doubt that: (i) the defendant had a prior felony conviction, (ii) the defendant knew that he had a prior felony conviction, (iii) the defendant thereafter knowingly possessed the firearm specified in the indictment, and (iv) the firearm had traveled in interstate commerce.Source:
docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/872; Unicode character offsets [26750:27121] (end exclusive); SHA-256 753685ae1e41eb4d18dd06d7695bc1b07f5f6ed6ff39d30dfa0b2d87920de348.