Kittson

I. BACKGROUND

In January 2020, federal agents learned that Kittson, a previously convicted felon, was willing to sell a World War II-era Russian machinegun, which he acknowledged could not be lawfully transferred. An undercover federal agent, posing as a firearms and drug trafficker, exchanged phone calls and text messages with Kittson to make a deal. While Kittson did not physically possess the machinegun, he arranged for Ray Bohanan, who had the weapon, to finalize the transfer. The agent and Kittson drove to Bohanan’s location, where they negotiated the final price and exchanged cash for the machinegun. The agent remained undercover, and the United States Marshals Service subsequently arrested Kittson. A grand jury indicted Kittson for (1) possessing and transferring a machinegun in violation of 18 U.S.C. § 922(o), and (2) felon-in-possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Relevant here, § 922(o)(1) provides that “it shall be unlawful for any person to transfer or possess a machinegun.” But the prohibition

1 Kittson also raises jury instruction and sentencing challenges. We address these arguments in a concurrently filed memorandum disposition,…