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34. Which of the following additional facts, if established, would be most helpful to the man's defense?
The man was charged under a federal statute prohibiting the knowing possession of a firearm by a convicted felon.
A man was paroled after serving five years in prison for forgery. Three weeks later, he found a handgun in a high school parking lot. Fearing that students from the school might find the gun and get into trouble using it, the man put it in the trunk of his car. The man drove off, was lawfully stopped by a police officer for speeding, and allowed the officer to search his car and the trunk. During the search, the officer discovered the gun.
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A is incorrect. The defendant's lack of intent to use, or motive in possession, would not be a viable defense because it would not negate an element of the crime.
B is incorrect. Mistake or ignorance of the law is a very narrow exception that may apply if a law has not been published, or if the defendant relied on a law, judicial ruling, or interpretation that was overruled or incorrect. In this case, general ignorance of the law is not a valid defense.
D is incorrect. The crime of possession of a firearm by a convicted felon, under the statute provided, did not limit the types of applicable felonies. Therefore, the man would be guilty no matter what felony he committed, even if it did not involve a gun.