United States v. Francis A. Behenna

BOREMAN, Senior Circuit Judge:

A jury convicted Francis A. Behenna of making a particularized false statement to two South Carolina licensed firearms dealers in connection with the purchase of firearms, in violation of 18 U.S.C. § 922(a)(6). He appeals, contending that the district court erred in refusing a request to instruct the jury that a defendant’s honest and reasonable belief that he could legally purchase a firearm was a defense to the charged violation of the statute.

On November 25, 1974, Behenna purchased three handguns from two federally-licensed dealers in Dillon, South Carolina. *575In…