Rehaif v. United States

Brief of National Association of Criminal Defense Lawyers as Amicus Curiae In Support of Petitioner

Brief filed: 03/01/2019


Rehaif v. United States

United States Supreme Court; Case No. 17-9560

Prior Decision

Decision below 888 F.3d 1138 (11th Cir. Mar. 26, 2018)


Mens Rea is a foundational safeguard against punishment for unknowingly unlawful conduct. A knowing violation of 18 U.S.C. 922(g) requires knowledge of the status element making the possession of firearms or ammunition illegal. That the crucial element is the status of the accused himself does not permit dispensing with Mens Rea.


Thomas W. Hillier, II, and Erin K. Earl, Perkins Coie LLP, Seattle, WA; Anna C. Mourlam, Perkins Coie LLP, Palo Alto, CA; David O. Markus, NACDL, Miami, FL.

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