Doug_Nightmare
Active member
“From Illinois Appellate Court Judge David Ellis's concurring opinion two weeks ago in People v. Lee:
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[E. V. Comment] Sounds right to me, though I generally oppose strict liability in criminal statutes. For the U.S. Supreme Court's (complicated) approach to the matter, see Staples v. U.S. (1994); that case read the federal law banning unlicensed possession of guns capable of automatic fire as requiring proof that the defendant knew the gun was so capable, but other Supreme Court weapons cases have reached other results, as the Staples opinion notes.”
http://reason.com/volokh/2019/01/13/more-on-guns-and-strict-liability#comment
[ ... ]
[E. V. Comment] Sounds right to me, though I generally oppose strict liability in criminal statutes. For the U.S. Supreme Court's (complicated) approach to the matter, see Staples v. U.S. (1994); that case read the federal law banning unlicensed possession of guns capable of automatic fire as requiring proof that the defendant knew the gun was so capable, but other Supreme Court weapons cases have reached other results, as the Staples opinion notes.”
http://reason.com/volokh/2019/01/13/more-on-guns-and-strict-liability#comment