USA V. SAMIR BENAMOR (9th Cir. 2019)(9/5/19)

Argument that because firearms manufactured in or before 1898 do not qualify as “firearms” under § 922, the district court erred by refusing to instruct the jury that they had to find that the defendant KNEW that his firearm was manufactured after 1898. Affirmed. Antique status is an affirmative defense! Know your burden of proof!  It may be that this was an afterthought raised on appeal. If not raised at trial, does that take up space in an appeal that should have been used for a more advantageous ground of error?