United States v. Virgilio Patricio Flores

Flores appeals from his conviction under the Federal Gun Control Act, 18 U.S.C. § 922 (e) (1982), for failing to provide written notice to a carrier before shipping firearms in foreign commerce. Appellant contends that (1) the notice requirement violated his Fifth Amendment privilege against self-incrimination, and (2) the district court erred in holding that the offense does not require proof of specific intent. Because we conclude that the notice requirement violates the Fifth Amendment, discussion of the specific intent question is unnecessary.

I

Appellant Flores delivered to Ecuatoriana Airlines at Los Angeles International Airport for shipment to Ecuador two trunks with false bottoms containing a total of twenty-two handguns. He failed to notify Ecuatoriana of these guns and was charged with violating § 922(e).

Flores moved in district court to dismiss the charge on the ground that the notice requirement violated his Fifth Amendment privilege against self-incrimination. The motion was denied, and Flores was convicted.

Whether § 922(e) conflicts with the Fifth Amendment is a question of law requiring de novo review. Oregon v. Riverfront Protection Association, 672 F.2d…