United States v. Shaw
United States Court of Appeals for the First Circuit
670 F.3d 360 (2012)
Hazen Shaw (defendant) was found with a visibly sawed-off shotgun, shorter than the legal 18-inch minimum, after leading police on a chase that included ramming a patrol vehicle and attempting to unload the weapon as officers approached; Shaw had modified the shotgun's stock and sling, and a police expert could identify the barrel as too short at a glance. Shaw argued the government failed to prove he specifically knew the barrel was under the legal length, and after the trial judge denied his motion to dismiss, the jury convicted him; he appealed.
Whether the scienter requirement for illegal possession of a sawed-off shotgun can be satisfied by circumstantial evidence of the defendant's general familiarity with the weapon, including his modification of it, rather than direct proof he measured or specifically knew the barrel's exact length.