TY  - JOUR
PY  - 2010//
TI  - Just a soul whose intentions are good? The relevance of a defendant's subjective intent in defining a "destructive device" under the national firearms act
JO  - Fordham law review
A1  - Buckman, Elliot
SP  - 563
EP  - 603
VL  - 79
IS  - 2
N2  - <p>This Note addresses the three-way circuit split among the U.S. Courts of Appeals over when, and to what extent, a court may consider a defendant's subjective intent in defining a "destructive device" under the National Firearms Act. The circuit split centers on the Act's ambiguous reference to intent in its definition of a destructive device, which is a statutorily prohibited firearm. After discussing the Act's legislative history and development, this Note considers the role of mens rea in National Firearms Act cases. It next addresses the disagreement among the Co urts of Appeals, first detailing three cases that give rise to the disagreement and then discussing additional cases which support each position. Finally, this Note argues that the U.S. Court of Appeals for the Second Circuit's view, espousing a generally objective approach and eschewing a consideration of a defendant's intent outside of a small range of cases, is most consistent with legislative history, statutory interpretation, and common sense</p>
LA  - 
SN  - 0015-704X
UR  - http://dx.doi.org/
ID  - ref1
ER  -