Ogles

BACKGROUND

Ogles, a California resident, held a federal firearms license that listed his place of business, “Belleau Wood Gunsmithing & Firearms,” as located in California. In June 2002, at a gun show in Arizona, Ogles sold a firearm to Michael Buda, an Arizona resident. UNITED STATES v. OGLES 2489 Ogles was indicted on two counts. Count One of the indict- ment charged Ogles with “willfully . . . sell[ing] and deliver- [ing] to Michael Buda a firearm . . . knowing and having reasonable cause to believe that Michael Buda at the time of the sale and delivery did not reside in the State in which the licensee’s place of business was located,” in violation of §§ 922(b)(3) and 924(a)(1)(D). Section 922(b)(3) provides that “[i]t shall be unlawful for any . . . licensed dealer . . . to sell or deliver . . . any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in . . . the State in which the licensee’s place of business is locat- ed.”

Count Two of the indictment charged Ogles with “willfully engag[ing] in the business of dealing firearms without a license, that is outside the State in which the licensee’s place of business…