United States v. Regina Kay Garrett

GARWOOD, Circuit Judge:

Like many people trying to catch a plane around the holidays, Regina Kay Garrett was in a hurry. Unlike most, she forgot that she had a gun in her purse, or so she says. The principal question we decide today is whether the federal statute that criminalizes this conduct requires any degree of mens rea as an element of the offense. We hold that a “should have known” standard applies.

Facts and Proceedings Below

On December 18, 1990, Regina Kay Garrett was a ticketed passenger for and attempted to board flight 457 of L’Express Airlines, a regularly scheduled commercial…