Full opinion text
OPINION OF THE COURT NYGAARD, Circuit Judge. James Palmieri appeals from his conviction on one count of knowingly engaging in the business of dealing in firearms without being licensed to do so, in violation of 18 U.S.C. §§ 922(a), 924(a), and one count of knowingly possessing and transferring a machine gun, in violation of 18 U.S.C. §§ 922(o), 924(a)(2). He contends that the district court erred (1) by precluding a defense based on his license as a collector of curios and relics, (2) in responding to a jury question regarding licenses for selling firearms, (3) in charging the jury on the machine gun element of the second count, (4) by admitting lay opinion and hearsay testimony relating to this element, and (5) in charging the jury on the intent requirement for the second count. We conclude that these assertions of error are without merit and will affirm. I. The facts are essentially undisputed. Pal-mieri met Ronald Lyman, an FBI special agent, and John Debenedictus, a paid informant, and sold Lyman three nine-millimeter semiautomatic pistols (a German Luger, a Belgian Browning and a French MAB) for $1,300. Although these weapons were manufactured during World War II, each was functional. The following week, Palmieri, Lyman and Debenedictus met again and Pal-mieri sold Lyman an M-l carbine semiautomatic rifle for $400. This weapon was a remanufactured World War II vintage firearm, but it was also functional and could be converted to be fully automatic. Two weeks later, Palmieri, Lyman and De-benedictus once again met, and Palmieri sold Lyman a 7.92 millimeter Chinese type 26 machine gun for $5,000. Although at the time of sale, Palmieri stated that the machine gun was fully operational and fully automatic, when FBI special agent Robert W. Murphy later examined the weapon, it was not operational. The machine gun was designed to fire in a fully automatic mode, but it was missing a required breechblock. The government and Palmieri dispute whether the machine gun was operational when Lyman purchased it. The weapon did, however, have a frame or receiver which is defined as “[t]hat part of a firearm which provides housing for the hammer, bolt or breechblock and firing mechanism_” 27 C.F.R. § 179.11 (1993). Palmieri met with Lyman and De-benedictus on several other occasions, but sold them no other firearms. At trial, the government introduced tape-recorded offers by Palmieri to sell other weapons, store stolen goods and obtain counterfeit passports. Palmieri’s response to this evidence was that these offers were puffery or were misconstrued. During the relevant time period, Palmieri held a license from the Bureau of Alcohol, Tobacco and Firearms (“ATF”) as a collector of curios and relics. The jury found Palmieri guilty on one count of engaging in the business of dealing in firearms and one count of possessing and transferring a machine gun. The district court sentenced him to 27 months’ imprisonment on each count to be served concurrently. • II. Count one of the superseding indictment charged Palmieri with violating 18 U.S.C. § 922(a), which provides that: (a) It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms. ... 18 U.S.C.A. § 922(a)(1)(A) (West Supp.1993). The first element of a violation of § 922(a) is that the, defendant “engaged in the business” which, as applied to a dealer in firearms, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course' of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms_ Id. § 921(a)(21)(C). Although the definition explicitly refers to economic interests as the principal purpose, and repetitiveness as the modus operandi, it does not establish a specific quantity or frequency requirement. In determining whether one is engaged in the business of dealing in firearms, the finder of fact must examine the intent of the actor and all circumstances surrounding the acts alleged to constitute engaging in business. This inquiry is not limited to the number of weapons sold or the timing of the sales. For example, the location of the sales, the timé and conditions under which the sales occur, the defendant’s behavior before, during and after the sales, the price charged for and characteristics of the firearms sold, and the intent of the seller are all potentially relevant indicators of whether one has “engaged in the business” of dealing. A statutory exception to the definition of “engaged in the business” is set forth in 18 U.S.C. § 921(a)(21)(C), which provides that it shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms _’ Id. § 921(a)(21)(C); see also. id. § 922(a)(22) (objective of livelihood and profit contrasted with improving or liquidating a personal firearms' collection). Hence, if Palmieri sold firearms to Lyman from his private collection, he had a defense under § 921(a)(21)(C) that these sales were “for the enhancement of a personal collection or for a hobby,” or constituted the sale of “all or part of his personal collection of firearms.” Once again, however, there is no bright-line rule. The fact-finder must determine whether the transactions constitute hobby-related sales or engagement in the business of dealing from the nature of the sales and in light of their circumstances. Whereas the first element of a § 922(a) violation addresses the character of the conduct, the second element focuses on the status of the defendant, namely, whether he or she is a licensed dealer. A “dealer” is statutorily defined as “any person engaged in the business of selling firearms at wholesale or retail,” id. § 921(a)(ll)(A), and a “collector” is defined as “any person who acquires, holds, or disposes of firearms as curios or relics....” Id. § 921(a)(13). Section 922(a) requires inquiry into both the defendant’s conduct and status. If the conduct constituted engaging in the business of dealing in firearms, then it is illegal unless the defendant is a licensed dealer. On the other hand, sales by a licensed or unlicensed collector from a personal collection in furtherance of a hobby are not illegal. Once the conduct is deemed equivalent to the business of dealing, however, collector status will not shield a defendant from liability under § 922(a). The district court included the statutory exception to “engaged in the business,” see § 921(a)(21)(C), and the definition of “with the principal objective of livelihood or profit,” see id. § 921(a)(22), in its eharge to the jury. It further instructed that: In this ease, you have heard testimony that during the time period covered by the indictment, the defendant, James Palmieri, was a licensed firearms collector. I instruct you as a matter of law, that the collector’s license possessed by the defendant did not authorize him to sell any firearms, even firearms that have been classified as curios or relics. I further instruct you that what the defendant believed his collector’s license authorized him to do is not an issue in this case, it is therefore, irrelevant to your determination of the charges in this case. The instruction that the collector’s license did not authorize any sales of firearms, although literally correct is potentially misleading. The collector’s license is immaterial because any person can make occasional sales from his or her personal collection without violating 18 U.S.C. § 922(a), whether a licensed collector or not. Nonetheless, as stated above, a collector’s license does not authorize its holder to engage in the business of dealing in firearms. Hence, the instruction that Palmieri’s collector’s license, in and of itself, did not authorize him to make the sales to Lyman is correct, albeit a bit truncated. Palmieri’s status as a licensed collector was not dispositive,' and he had no legally cognizable defense based on his collector’s license alone. The jury was still required to determine the character of the transactions, either as occasional sales in furtherance of a hobby or as engagement in the business of dealing in firearms. See United States v. Hooton, 662 F.2d 628, 635 (9th Cir.1981) (distinguishing intent to engage in business from intent to enhance a gun collection), cert. denied, 455 U.S. 1004, 102 S.Ct. 1640, 71 L.Ed.2d 873 (1982). Although Palmieri was precluded from arguing that the sales were authorized by his collector’s license, the jury charge included the statutory exception for sales from or to enhance a personal collection. It also distinguished between the intent of obtaining a livelihood and profit from the intent of liquidating a personal collection. Thus, the jury was given the option of finding that Palmieri’s actions did not constitute engaging in the business of dealing, irrespective of his collector’s license. We have reviewed the entire jury charge and conclude that it was sufficient to enable Palmieri to present the defense that his sales were in connection with his hobby. See Estelle v. McGuire, — U.S. -, -, 112 S.Ct. 475, 482, 116 L.Ed.2d 385 (1991) (considering challenged jury instruction “in the context of the instructions as a whole and the trial record”); United States v. McGill, 964 F.2d 222, 235 (3d Cir.) (determining “whether the charge, taken as a whole and viewed in the light of the evidence, fairly and adequately submits the issues in the case to the jury”) (quoting Link v. Mercedes-Benz of North America, Inc., 788 F.2d 918, 922 (3d Cir.1986)), cert. denied, — U.S. -, 113 S.Ct. 664, 121 L.Ed.2d 588 (1992). III. During their deliberations, the jury asked the following question: “Do you need a license to sell firearms under all circumstances?” The district court answered this question by telling the jury: Ladies and gentlemen of the jury, counsel have seen your question, and I have reviewed it with them, and the best answer that I can give you to this is that that is not your concern as a jury. You do not need to know everything about under what circumstances a person could or could not do this. What you need to do', and I’m going to try to help you to do it by refocusing you on the instructions. that you’ve been given, is you need to just bear in mind what we have told you about the law which is applicable to this case. And that is that you need to determine on Count One and I assume this'question is directed at Count One, whether this individual, defendant, was engaged in the business of dealing in firearms without a license, without a federal dealer’s license—federal firearm dealer’s license. Now, the language of that phrase is referred to in the jury instructions. The term “engaged in the business” is defined for you and it refers to certain activities and then it says, but the terms [sic] does not include and then you can see what that says. So I refer you to that page to focus on that definition of what is engaged in the business. Furthermore, I refer you to the instruction that you received on the next page, which is I instructed you as a ... matter of law that the collector’s license possessed by the defendant did not authorize him to sell any firearms, and that whatever he believed his collector’s license permitted him to do, authorized him to do, is not an issue in this case, and is not for you to consider. Thirdly, I refer you to the. instructions ... on page 14, which defines [sic] licensed dealer, and which sets [sic] forth what the Secretary of the Treasury discovered through searching the records of that agency, namely, that in the period in question, there is no record that the defendant currently held a federal firearms dealer’s license. So, the question, do you need a license to sell firearms under all circumstances? You don’t need to answer that question. What you need to answer within the instructions that you’ve been given, is the question of guilt or not guilt on Count One and Count Two of this indictment. The district court discussed with counsel how best to answer the jury’s question before doing so. Defense counsel did not object to the proposed answer, and Palmieri’s objection now that the district court should have specifically referred to the language in the statutes defining “engaged in the business” and “objective of livelihood and profit” does not constitute plain error. See Fed.R.Crim.P. 52(b); United States v. Young, 470 U.S. 1, 15, 105 S.Ct. 1038, 1046, 84 L.Ed.2d 1 (1985) (explaining that plain errors are only those which undermine fundamental fairness and contribute to a miscarriage of justice); Government of Virgin Islands v. Smith, 949 F.2d 677, 681 (3d Cir.1991) (providing framework for plain error analysis). IV. The third issue focuses on the definition of “machine gun” for .purposes of 18 U.S.C. § 922(o) which states in relevant part that: “[I]t shall be unlawful for any person to transfer br possess a machine gun.” 18 U.S.C.A. § 922(o) (West Supp.1993). The term “machine gun” is statutorily defined in 26 U.S.C. § 5845(b), which provides in part that: [A]ny weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and .any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. 26 U.S.C.A. § 5845(b) (West 1989) (emphasis added); see also 18 U.S.C.A. § 921(a)(23) (West Supp.1993) (referring to 26 U.S.C. § 5845(b)). The district court charged the jury with the emphasized portion of the statute only, and the jury later asked the district court to “[pjlease complete the second sentence, which reads, ‘The term shall also include the frame or receiver of any such weapon.’ ” The district court answered as follows: “There is no need to complete that sentence for purposes of this ease, because it—that sentence goes on and refers to things which are not relevant to this case, so you may consider that phrase to be the complete statement in that second sentence.” Palmieri contends that the second sentence of § 5845(b) should be interpreted as creating a three-pronged definition for the term “machine gun.” In other words, a machine gun includes a (1) frame or receiver, in conjunction with (2) any part or combination of parts designed and intended to convert a weapon into a machine gun, and (3) any combination of parts from which a machine gun can be assembled. • See United States v. Seven Miscellaneous Firearms, 503 F.Supp. 565, 575 (D.D.C.1980) (reasoning that “frame or receiver” should not be contemplated in isolation since Congress used the conjunctive rather than disjunctive in the second sentence of § 5845(b)). An alternative interpretation is that the second sentence of § 5845(b) “reflects a purpose to include three new categories of weapons within the definition of a machine gun.” United States v. Kelly, 548 F.Supp. 1130, 1133 (E.D.Pa.1982). We exercise plenary review over this question of statutory interpretation, see McGill, 964 F.2d at 235, and believe that the answer is found in the plain language of the statute itself which provides that machine gun “shall also include” items A, items B and items C. This language confutes Palmieri’s argument and, indeed, includes three new categories within the definition of machine gun. Reading the statute in the conjunctive would lead to the, unlikely result that, both the parts for conversion into and the parts for assembly of a machine gun as well as a frame or receiver are required. Alternatively, where thé statutory language is susceptible to more than one interpretation, a court “appropriately may refer to a statute’s legislative history to resolve statutory ambiguity.” Patterson v. Shumate, - U.S. -, -, 112 S.Ct. 2242, 2248, 119 L.Ed.2d 519 (1992) (quoting Toibb v. Radloff, 501 U.S. 157, 162, 111 S.Ct. 2197, 2200, 115 L.Ed.2d 145 (1991)). In this case, the legislative history clearly indicates an intent to expand the definition of machine gun. The Senate Report provides in part that: The second sentence [of § 5845(b)] is new. It provides three new categories as included within the term “machine gun”: (1) the frame or receiver of a machine gun, (2) any combination of parts designed and intended for use in converting a weapon other than a machine gun into a machine gun; for example, so-called conversion kits, and (3) any combination of parts from which a machine gun can be assembled if such parts are in the possession of a person. This is an important addition to the definítion of “machine gun” and is intended to overcome problems encountered in the administration and enforcement of existing law. It is intended that the three additional categories be subject to all the' provisions of the chapter applicable to serviceable machine guns. S.Rep. No. 1501, 90th Cong., 2d Sess. 45-46 (1968) (quoted in Kelly, 548 F.Supp. at 1133). We believe that the statutory language in § 5845(b) and the legislative history mandate an interpretation that creates three new categories for machine guns. This conclusion is supported by case law from other circuits. See, e.g., Thompson/Center Arms Co. v. United States, 924 F.2d 1041, 1047 (Fed.Cir.1991) (finding that 1968 amendments to machine gun definition provided three new categories), aff'd, — U.S. -, 112 S.Ct. 2102, 119 L.Ed.2d 308 (1992); United States v. Bradley, 892 F.2d 634, 635 (7th Cir.) (asserting that parts may be machine guns without a frame or receiver), cert. denied, 495 U.S. 909, 110 S.Ct. 1935, 109 L.Ed.2d 298 (1990); United States v. Griley, 814 F.2d 967, 975 (4th Cir.1987) (finding that frame or receiver in conjunction with evidence at trial was sufficient to show that weapon was a machine gun); United States v. Campbell, 427 F.2d 892, 893 (5th Cir.1970) (implicitly holding that parts may be machine guns without a frame or receiver), cert. denied, 402 U.S. 975, 91 S.Ct. 1673, 29 L.Ed.2d 140 (1971). V. Palmieri’s fourth contention is that the district court erred by allowing certain testimony from government witnesses in relation to the second count, possession and transfer of a machine gun. For example, an FBI special agent who had not been qualified to testify as an expert witness described the fifth weapon that Palmieri sold to Lyman as a “fully automatic machine gun.” Palmieri did not object, but now claims that this was both an impermissible opinion from a lay witness and a legal conclusion. Another agent gave the following testimony as to the availability of a replacement breechblock: “I called one of the larger gun part stores in the country and asked them if I can get one and they told me that they knew of a few people who had them and I can get one if I wanted.” Once again, Palmieri did not object, but he now asserts that this was hearsay. On two other occasions, Palmieri did object to opinion testimony by government witnesses who had not been qualified to testify as experts in the area of questioning. Federal Rule of Evidence 701 permits a lay witness to give an opinion which is: “(a) rationally based on the perception of the witness and; (b) helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue.” Thus, a lay opinion is permissible when the witness has “firsthand knowledge of the factual predicates that form the basis for the opinion ... [and] it would help the jury to resolve a disputed fact.” Government of Virgin Islands v. Knight, 989 F.2d 619, 629-30 (3d Cir.), cert. denied, — U.S. -, 114 S.Ct. 556, 126 L.Ed.2d 457 (1993); see also Teen-Ed, Inc. v. Kimball Int’l, Inc., 620 F.2d 399, 403 (3d Cir.1980) (“A lay witness in a federal court proceeding is permitted under Fed.R.Evid. 701 to offer an opinion on the basis of relevant historical or narrative facts that the witness has perceived.”). Also, “testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.” Fed.R.Evid. 704. Palmieri challenges the lay opinion testimony of three FBI special agents regarding machine guns. The agents’ experience with machine guns, however, was developed during direct examination, and their testimony was subject to cross examination. Under these circumstances, we conclude that this testimony was admissible- under Rule ,701. As to Palmieri’s hearsay argument, Federal Rule of Criminal Procedure 52(a) provides that: “[any] error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.” The jury need not have been “totally unaware” of the error; rather, a court must “find that error unimportant in relation to everything else the jury considered on the issue in question, as revealed in the record.” Yates v. Evatt, 500 U.S. 391, 403, 111 S.Ct. 1884, 1893, 114 L.Ed.2d 432 (1991); see also United States v. Pavelko, 992 F.2d 32, 35-36 (3d Cir.) (considering “whether there was evidence of sufficient quality and quantity presented at trial to support the jury’s verdict”), cert. denied sub nom. Kenney v. United States, — U.S. -, 114 S.Ct. 272, 126 L.Ed.2d 223 (1993). The testimony regarding a replacement breechblock was hearsay. Because, however, the evidence showed that the fifth weapon was, at a minimum, a frame or receiver, we conclude that its admission was harmless error. VI. Finally, Palmieri challenges the district court’s jury instruction on the intent requirement for the second count. 18 U.S.C. § 924(a)(2) requires the government to prove knowing possession or transfer of a machine gun. The district court instructed the jury that: Knowingly means, with knowledge, that is, voluntarily and intentionally and not because of mistake or accident or other innocent reason. The purpose of adding the word knowingly is to insure that no one would be convicted for an act done because of mistake or accident or other innocent reason. The Government is not required to prove that the defendant knew that his acts were unlawful. Although Palmieri did not object then, he now contends that the district court’s failure to- instruct the jury that the government must prove that Palmieri knew the weapon was a machine gun or a firearm under 26 U.S.C. § 5845 constituted plain error. In United States v. Freed, 401 U.S. 601, 91 5.Ct. 1112, 28 L.Ed.2d 356 (1971), the Supreme Court discussed the knowledge requirement under an analogous statute, 26 U.S.C. § 5861(d), which prohibits receipt or possession of an unregistered firearm. The district court had dismissed the indictment because of the lack of a scienter allegation. But § 5861(d) has no statutory intent requirement, and the Freed Court reversed the dismissal. See id. at 607-10, 91 S.Ct. at 1117-18. It reasoned that § 5861 was “a regulatory measure in the interest of the public safety, which may well be premised on the theory that one would hardly be surprised to learn that possession of hand grenades [statutorily defined as firearms] is not an innocent act.” Id. at 609, 91 S.Ct. at 118. Although a violation of the statute at issue here does have a statutory knowledge requirement, we must define the scope of that requirement. Ultimately, we are not persuaded by the argument that the government had to prove Palmieri knew that the fifth weapon he sold to Lyman was a machine gun or firearm within the meaning of 26 U.S.C. § 5845. The knowledge requirement for illegal possession of a machine gun has two potential components, knowledge that possession of the weapon was legally proscribed and knowledge that the weapon possessed the statutorily defined physical characteristics of a machine gun. In light of “the venerable principle that ignorance of the law generally is no defense to a criminal charge,” Ratzlaf v. United States, — U.S. -, -, 114 S.Ct. 655, 663, 126 L.Ed.2d 615 (1994) (citations omitted), and the absence of a congressionally created exception for 18 U.S.C. § 922(o), we discard the proposition that Palmieri had to know that he was violating the law. Whether Palmieri knew that the weapon he possessed fit the definition of a machine gun under § 5845 presents a closer question. In the context of receipt or possession of an unregistered firearm, some circuits have required knowledge that the weapon falls within the statutory definition. However, the majority of circuits have set a lower threshold, requiring only knowledge that the weapon was- a firearm in the general sense, or mere knowledge that it was potentially dangerous and subject to regulation. We agree with the common-sense approach of the latter position which requires a person possessing a regulated device to investigate the scope of his or her legal duties rather than blindly profess ignorance of the applicable regulations. Accordingly, we find that the district court’s instruction on the intent requirement for the second count did not constitute plain error. VII. During the oral argument before us, an issue arose as to whether the second count was facially insufficient on the ground that Palmieri, a licensed collector, sold a machine gun that is classified as a “curio or relic” and thus not subject to 18 U.S.C. § 922(o). Section 922(o) provides that: (o )(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2) This subsection does hot apply with respect to— (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect. 18 U.S.C.A. § 922(o) (West Supp.1993). This provision took effect on May 19, 1986, and the legislative history reflects an effort to allow “possessers [sic] of lawfully registered machine guns to continue their legal possession,” and to enable “a person to dispose of an unwanted legally registered machine gun by permitting the Secretary to buy a machine gun from such person.” H.R.Rep. No. 99-495, 99th Cong., 2d Sess. 4 (1986), reprinted in 1986 U.S.C.C.A.N. 1327, 1330. Based on the plain language of § 922(o)(l) and the presence of two statutorily defined exceptions to the prohibition against transferring or possessing a machine gun in § 922(o )(2), we decline to adopt a third exception for a collector’s possession of machine guns that qualify as curios or relies. It may be - argued that 18 U.S.C. §§ 922(a)(4), 922(b)(4) and the ATF “Firearms Curios & Relics List” conflict with § 922(o). Section 922(a)(4) provides that: (a) It shall be unlawful— (4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machine-gun (as defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity.... 18 U.S.C.A. § 922(a)(4) (West 1976). Section 922(b)(4) provides that: (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity.... Id. § 922(b)(4). We find that § 922(a)(4) can be harmonized with § 922(o) because it envisions a licensed collector’s ability to transport a machine gun that he or she lawfully possessed before May 19, 1986. See id. § 922(o )(2)(B). Similarly, § 922(b)(4) bars even licensed collectors from selling or delivering a machine gun unless- specifically authorized by the Secretary. Although these statutes refer to the Secretary’s power to approve the transport, sale and delivery of machine guns, we cannot imagine that the Secretary would specifically authorize activity that is prohibited in § 922(o). We thus conclude that §§ 924(a)(4) and 924(b)(4) are not irreconcilable with § 922(c). Section IV of the “Firearms Curios & Relics List” issued by the ATF is entitled, “National Firearms Act Weapons Classified As Curios or Relics Under 18 U.S.C. Chapter 44.” The text directly preceding this list of weapons states that: The Bureau has determined that the following National Firearms Act weapons are curios or relics as defined in 27 CFR 178.11 because of their dates of manufacture. These National Firearms Act weapons, classified as curios or relics, are still subject to all the controls under the National Firearms Act. However, licensed collectors may acquire hold or dispose of them as curios or relics subject to the provisions of 18 U.S.C. Chapter kk [which include 18 U.S.C. § 922(a)] and 27 CFR Part 178. They are still “firearms”,as defined in the National Firearms Act and Chapter 44 of Title 18, U.S.C. (Id.) (emphasis added.) The weapon at issue in this case, a Chinese type 26 machine gun, appears on the section IV list. Although the introduction to the “Firearms Curios & Relics List” states that section IV weapons can be transferred to licensed collectors once registration requirements have been met, we hold that the prohibition against possessing or transferring a machine gun in 18 U.S.C. § 922(o) applies even when the weapon at issue is classified by the ATF as a curio or relic. A transfer of a section IV machine gun under the “Firearms Curios & Relics List” is statutorily permitted in a limited context, see 18 U.S.C. § 922(o)(2)(A), and the section TV list is potentially useful to those who lawfully possessed a machine gun before May 19, 1986. To the extent it contradicts 18 U.S.C. § 922(o), however, the statute trumps the ATF publication. VIII. In sum, we find that the district court’s jury instructions were sufficient to allow Pal-mieri to raise the defense that his sales to Lyman were in furtherance of his personal collection. The definition of a machine gun and the intent requirement for possession or transfer of a machine gun set forth in the jury charge similarly were not erroneous. Finally, the district court did not err in responding to a jury question regarding licenses for selling firearms or in admitting lay opinion testimony, and its error in admitting hearsay testimony was harmless. The judgment of the district court will be affirmed. . This weapon is a copy or modification of a Czechoslovakian model 26 machine gun which was mistakenly referred to in the indictment. . The phrase "with the principal objective of livelihood and profit” is defined as meaning that "the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain....Id. § 921(a)(22). . “Curios and relics” are defined as "[flirearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.” 27 C.F.R. § 178.11 (1993). The category of curios and relics which is relevant in this case is "[flirearms which were manufactured at least 50 years prior to the current date.... ” Id. . Palmieri includes one sentence in his appellate brief arguing that the .district court held him "strictly liable” on the first count. Although he did not object to the intent charge for this count, we note that the government must prove that a defendant "willfully” engaged in the business of dealing in firearms. See 18 U.S.C.A. § 924(a)(1)(D) (West Supp.1993). The district court instructed the jury that: “[I]t is not required that James Palmieri knew that a license was required, nor that he had knowledge that he was breaking the law. However, the Government must prove that James Palmieri acted voluntarily and not because of mistake or accident.” This instruction alone would have been insufficient to convey the requirement of willfulness, but in light of the charge defining the "principal objective of livelihood and profit” and the evidence presented, it did not constitute plain error. See Henderson v. Kibbe, 431 U.S. 145, 154, 97 S.Ct. 1730, 1736, 52 L.Ed.2d 203 (1977) (asserting that absent objection, improper instructions will rarely justify reversal of a criminal conviction); Polsky v. Patton, 890 F.2d 647, 651-52 (3d Cir.1989) (holding that omission of term "malice” was harmless since charge given was functionally equivalent). . Adoption of this broader interpretation preempts any issue stemming from the missing breechblock. The fifth weapon that Palmieri sold to Lyman could fit within the definition of machine gun as a weapon that could be "readily restored to shoot” or the "frame or receiver of any such weapon." See 18 U.S.C.A. § 5845(b) (West 1989). . We note that the Supreme Court has granted review and heard oral argument in Staples v. United States, No. 92-1441, which framed the issue of whether Congress, when enacting 26 U.S.C. §§ 5861(d), 5845 and 18 U.S.C. § 922(o), intended to create a strict liability crime. See 62 U.S.L.W. 3357 (Nov. 23, 1993). The defendant in Staples was convicted of unlawful possession of an unregistered machine gun, in violation of 26 U.S.C. § 5861(d), and asserted on appeal that the government must prove that he knew that the weapon he possessed was subject to registration. See United States v. Staples, 971 F.2d 608, 612 (10th Cir.1992), cert. granted, — U.S. -, 113 S.Ct. 2412, 124 L.Ed.2d 635 (1993). . See United States v. Williams, 872 F.2d 773, 777 (6th Cir.1989) (requiring knowledge that weapon was automatic); United States v. Anderson, 885 F.2d 1248, 1251 (5th Cir.1989) (requiring knowledge that weapon fell within statutory definition of a firearm); cf. United States v. Harris, 959 F.2d 246, 261 (D.C.Cir.) (requiring knowledge that receipt of weapon was ■proscribed), cert. denied, - U.S. -, 113 S.Ct. 362, 121 L.Ed.2d 275 (1992). . See United States v. Mittleider, 835 F.2d 769, 774 (10th Cir.1987) (requiring knowledge of possession of firearm in the general meaning of the term), cert. denied, 485 U.S. 980, 108 S.Ct. 1279, 99 L.Ed.2d 490 (1988); United States v. Shilling, 826 F.2d 1365, 1368 (4th Cir.1987) (same), cert. denied, 484 U.S. 1043, 108 S.Ct. 777, 98 L.Ed.2d 863 (1988); Morgan v. United States, 564 F.2d 803, 805 (8th Cir.1977) (same); cf. United States v. Gonzalez, 719 F.2d 1516, 1522 (11th Cir.1983) ("[Gjovemment does not have to prove that the defendant knew that the weapon in his possession was a 'firearm' within the meaning of the statute, or that he knew registration was required."), cert. denied, 465 U.S. 1037, 104 S.Ct. 1312, 79 L.Ed.2d 710 (1984). . See United States v. Kindred, 931 F.2d 609, 612 (9th Cir.1991) (“[G]ovemment must prove that the defendant knew that he possessed a dangerous device of a type that would alert one to the likelihood of regulation."); United States v. Ross, 917 F.2d 997, 1001 (7th Cir.1990) ("Once a person knows that he possesses the sort of device that is extensively regulated, ... it serves the statutory scheme to cast on that person the risk of inaccuracy in evaluating facts and law.”), cert. denied, 498 U.S. 1122, 111 S.Ct. 1078, 112 L.Ed.2d 1183 (1991); United States v. DeBartolo, 482 F.2d 312, 316 (1st Cir.1973) ("It is enough to prove [defendant] knows that he is dealing with a dangerous device of such type as would alert one to the likelihood of regulation.”). . Palmieri never contended that the machine gun he transferred was exempt from the restriction present in section 922(o ) based on its status as a curio or relic either in the district court or in the briefs he filed on appeal. Judge Hutchinson believes the argument is waived, even though Palmieri's counsel did discuss it at oral argument in response to questions posed from the bench. Accordingly, Judge Hutchinson does not reach or decide the issue. . Cf. United States v. Dalton, 960 F.2d 121, 126 (10th Cir.1992) (holding that § 922(o) impliedly repealed statute barring possession of unregistered machine gun, 26 U.S.C. § 5861(d), where weapon was possessed after § 922(o )’s effective date); accord United States v. Kurt, 988 F.2d 73, 75 (9th Cir.1993); Staples, 971 F.2d at 610-11.
COWEN, Circuit Judge, dissenting: At stake in this case are the interpretation of an important statute and the liberty interest of defendant James Palmieri. In addition, the issues posed here for adjudication are of keen interest to many gun collectors. Although I recognize the compelling interest in strictly enforcing laws concerning ownership and dealing in firearms, I respectfully dissent, because I disagree with the majority with respect to the interpretation of both the gun collector exception under the Gun Control Act, as amended, 18 U.S.C. §§ 921-928 (1988 & Supp. IV 1992), and the jury charge by the district court. I also believe that even if the majority is correct with respect to statutory construction, due process requires that Count 2 against Palmieri be dismissed. I. The central question Palmieri presents is whether the district court erred in refusing to allow him to present evidence of the firearm collector exception to the jury, and in refusing to fully instruct the jury on this theory. Accordingly, the court must determine whether there is a gun collector exception, and whether there was record evidence offered by Palmieri in support of his position. See U.S. v. Paolello, 951 F.2d 537, 539 (3d Cir.1991). If Palmieri put forth a gun collector defense, we must then examine the district court’s instructions as a whole to assess whether they adequately presented to the jury the defense theory. Id. See also United States v. Turley, 891 F.2d 57, 62 (3d Cir.1989). II. The escalating use of firearms in violent crimes led Congress to enact the Gun Control Act of 1968, as amended, 18 U.S.C. §§ 921-928 (the Act), in order to “strengthen Federal regulation of interstate firearms traffic.” H.R.Rep. No. 90-1577, 90th Cong., 2d Sess. 7 (1968), reprinted in 1968 U.S.C.C.A.N. 4410, 4412. The Act prohibits a person from acting as a gun dealer without a dealer’s license, 18 U.S.C. § 922(a)(1), and, as amended bans possessing and transferring a machinegun,18 U.S.C. § 922(o). Pal-mieri claims that there is a valid gun collector exception under the Gun Control Act, and that he is such a licensed collector. He argues that he cannot be convicted of violating § 922(a)(1) if the jury accepts his position that he is a bona fide collector and not a dealer in firearms. He also argues that he cannot be convicted of violating § 922(o) if the machinegun at issue is a curio or relic as defined by the Secretary charged with enforcing the Gun Control Act. A. The Gun Control Act focuses on the licensing and controlling of firearm dealers. See United States v. Reminga, 493 F.Supp. 1351, 1354 (W.D.Mich.1980). The Act makes it unlawful for any person “except a licensed importer, licensed manufacturer, or licensed dealer to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce.” 18 U.S.C. § 922(a)(1). The Act defines “dealer” as “any person engaged in the business of selling firearms or ammunition at wholesale or retail.” 18 U.S.C. § 921(a)(ll). The Act further defines “engaged in the business,” when applied to a dealer in firearms, as meaning a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. Id § 921(a)(21)(C). The phrase “with the principal objective of livelihood and profit” is defined to mean that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. Id. § 921(a)(22). A fair reading of these provisions leads to the conclusion that to fall within the definition of “dealer,” the seller of firearms must have dealt in firearms in substantial quantity and frequency, in sum, in a manner which can fairly be characterized as a regular course of trade or business. B. Palmieri challenges his conviction on Count 1 by claiming that there is a gun collector exception to the ban on gun dealing without a dealer’s license, and claims the benefit of the exception because he is such a collector. Accordingly, we must examine the status of a gun collector under the Gun Control Act. When enacting the Gun Control Act of 1968, Congress did not intend to ban gun collecting as a hobby. Congress announced that “[g]un collectors could continue their hobby.” H.R.Rep. No. 90-1577, supra, at 9, reprinted in 1968 U.S.C.C.A.N.’at 4415. To make this possible, Congress essentially adopted three measures. The first made it lawful for anyone to possess an antique firearm by exempting antique firearms from the coverage of the Gun Control Act, see 18 U.S.C. § 921(a)(3). In effect, anyone can collect, possess and transfer antique firearms, even if such firearms fall within some other definition,. such as that for machine-guns. Second, Congress established a collector exception under the Act which allows a collector to transact in certain firearms. The Act defines “collector” as “any person who acquires, holds, or disposes of firearms as curios or relics, as the Secretary shall by regulation define.” 18 U.S.C. § 921(a)(13). Nowhere else in the Act did Congress specifically state what collectors (as opposed to licensed collectors who hold a federal collector’s license) may or may not do. However, it is clear that Congress intended to allow collectors to buy and sell curios and relics through intrastate transactions, so long as this activity stops at the level of a hobby and does not rise to that of a regular course of trade. The Act explicitly bans interstate transactions with certain exceptions for licensed dealers and licensed collectors, but does not ban intrastate transactions. See 18 U.S.C. § 922. The legislative history and the statutory scheme support the conclusion that collectors can collect curios and relics within their home state. Congress declared that “[g]un collectors could continue their hobby.” H.R.Rep. No. 90-1577, supra, at 9, reprinted in 1968 U.S.C.C.A.N. at 4415. The Act criminalizes dealing in firearms as a regular course of trade without a dealer’s license, rather than banning all sales. 18 U.S.C. § 922(a). The Act carves out a hobby exception to the “regular course of trade” definition by stating that occasional sales to enhance or liquidate a personal collection are not such a course of trade. See 18 U.S.C. § 921(a)(21)(C). This is one of several instances in which the Act specifically accommodates gun collectors. This interpretation is also buttressed by the interpretation of the Bureau of Alcohol, Tobacco and Firearms (ATF), which is charged with administering the Gun Control Act through delegation by the Secretary, see 27 C.F.R. Pt. 178, who in turn receives authority from Congress, see 18 U.S.C. § 926. In an official publication, ATF explicitly states that “[a] person need not be federally licensed to collect curios or relies.” ATF, Firearms Curios and Relics List (1972-1989), ATF P. 5300.11 at 2 (1990 ed.) (hereinafter ATF List), App. at 620. The third measure that Congress adopted was to establish a licensing system for gun collectors, and to authorize “licensed collectors” to engage in interstate transfers of curios and relies. Congress first defined “licensed collector” as any collector “licensed under the provisions of [the Gun Control Act].” 18 U.S.C. § 921(a)(13). Any person desiring to be a licensed collector may apply to the Secretary for such a license, which license only applies to transactions in curios and relics. 18 U.S.C. § 923(b). A licensed collector presumably may engage in any activities that a non-licensed collector may conduct. In addition, a licensed collector may engage in interstate transactions in curios and relics under 18 U.S.C. § 922(a)(2) (shipping or transporting firearms into interstate or foreign commerce), § 922(a)(3) (receiving firearms from out-of-state), § 922(a)(4) (transporting destructive devices and machineguns into interstate or foreign commerce), and § 922(a)(5) (transferring firearms to a person from out-of-state). These are prohibited transactions for a collector who does riot have a collector’s license. For intrastate transactions, licensed collectors may also trade with other licensed collectors, licensed dealers, licensed importers, and licensed manufacturers, without certain restrictions set forth in 18 U.S.C. § 922(b). A licensed collector can also sell or deliver curio machineguns ■ to a person through intrastate transactions if the Secretary so authorizes. Id. § 922(b)(4). The regulation promulgated by the Secretary, who administers the Gun Control Act, succinctly summarizes the privileges of a licensed collector: [A collector’s] license shall, subject to the provisions of the Act and other applicable provisions of law, entitle the licensee to transport, ship, receive, and acquire curios and relics in interstate or foreign commerce, and to make disposition of curios and relics in interstate or foreign commerce, to any other person licensed under the provisions of this part, for the period stated on the license. 27 C.F.R. § 178.41(c) (1993): The statutory provisions, regulations and legislative history clearly indicate that the collector and licensed collector exceptions are written into and pervade the Gun Control Act. They apply when curios and relics are the subject of the transaction, so long as the collector’s activities do not rise to a level that requires further licensing under the Act. C. The collector exception to the prohibition against acting as a gun dealer without a proper license under 18 U.S.C. § 922(a)(1) is not absolute. If a collector has engaged in a substantial quantity of transactions in curios and relics, he may be deemed a dealer, who must obtain a dealer’s license. Considered as a whole, the three measures discussed above unquestionably lead to the conclusion that a non-licensed collector may collect curios and relics and conduct transactions in firearms that are listed as curios and relics by the Secretary with a person from the collector’s home state, without running afoul of 18 U.S.C. § 922(a)(1), if such transactions do not amount to a regular course of trade. A licensed collector is permitted to do everything that a non-licensed collector can and, in addition, to engage in interstate transactions in curios and relies, so long as the transactions do not amount to a regular course of trade. If the jury finds that an individual is merely a collector, or a licensed-collector, such a person may not be convicted of acting as a dealer without a license. Although neither the statutory provisions nor the regulations that specifically address the status of a collector explicitly state the number of transactions a collector or a licensed collector may engage in without crossing the line from gun collector to gun dealer, it would be inappropriate to contend that dealing in curios and relics is completely exempt from the prohibition against gun dealing without a license. The Act does not contain an explicit and complete exemption for curios and relics like the complete exemption for antique firearms. Congress intended to permit gun collecting as a hobby rather than a large growth industry. Indeed, the explicit statutory exception to the regular course of trade definition permits only occasional sales for the enhancement or liquidation of personal collections. See 18 U.S.C. § 921(a)(21)(C). In other words, a collector, if engaging in numerous transactions, can cross the line and become a dealer. The Secretary’s regulation makes this clear: A collector’s license does not authorize the collector to engage in a business required to be licensed under the Act_ Therefore, if the- acquisitions and dispositions of curios and relics by a collector bring the collector within the definition of a manufacturer, importer, or dealer[,] he shall qualify as such. 27 C.F.R. § 178.41(d) (1993). The change of status from a collector to a dealer is one of quantity and degree. Having a collector’s license does not necessarily preclude one from being deemed a deáler without a dealer’s license. Accordingly, the theory of a firearm collector or licensed collector exception to 18 U.S.C. § 922(a)(1) is legally sound. This is so even though a collector is not necessarily completely exempt from § 922(a)(1). There may be situations where a jury may properly conclude that a person with a collector’s license is actually a dealer without a dealer’s license. D. Palmieri was convicted on Count 2 for possessing and transferring a machinegun. The machinegun in question was listed by ATF in its own official publication as a curio or relic. This conviction cannot stand if the collector or licensed collector exception applies to the prohibition against possessing and transferring machineguns under 18 U.S.C. § 922(o). This section states: (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2) This subsection does not apply -with respect to— (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect. 18 U.S.C. § 922(o). This provision was added to the Gun Control Act in 1986, see Pub.L. 99-308, § 102(9), 100 Stat. 452-53, in recognition that machineguns had frequently been “used by racketeers and drug traffickers for intimidation, murder and protection of drugs and the proceeds of crime,” H.R.Rep. No. 99^495,- 99th Cong., 2d Sess. 4 (1986), reprinted in 1986 U.S.C.C.A.N. 1327, 1330. Obviously the prohibition under § 922(o) does not depend upon the number of transactions made; it is a complete ban if it applies. The clear language of § 922(o) states that it is unlawful for any person to possess or transfer a machinegun unless such possession or transfer is made to or by or “under the. authority” of the United States, § 922(o )(2)(A), or the machinegun was lawfully possessed before the effective date of the section, § 922(o)(2)(B). There is an interface between § 922(o) and §§ 921(a)(13) and 926. Certain machineguns within the meaning of § 922(o) can be listed as curios and relics available for gun collecting by the Secretary under §§ 921(a)(13), 926. Read in the context of the collector or licensed collector exception that pervades the Act, the term “machinegun” in § 922(o) must be considered to have a built-in exception so as to read “such term does not include curios and relics.” This interpretation comports with the general statutory scheme of the Gun Control Act to afford an avenue for gun collectors to continue their hobby of collecting curios and relics. This reading is in accordance with statutory provisions that specifically authorize or permit the Secretary to authorize a licensed collector to transact in machineguns. See 18 U.S.C. § 922(a)(4), (b)(4). In addition, the interpretation of the Secretary, who is authorized to administer the Act, lends support to this construction. Under such authority, the Secretary has promulgated regulations defining the term “curios and relics”, see 27 C.F.R. § 178.11, and published through ATF a list of firearms that are curios and relics. Subsequent to the addition , of § 922(o) in 1986, the Secretary has continued to classify many machineguns as curios and relics and placed them in Section IV of that list. See ATF List, supra, at 27 et seq.; App. at 626-27. Clearly ATF considers these machineguns, which it has classified as curios or relics, as not being within the general prohibition under § 922(o). Thus these firearms can be possessed and transferred by collectors. In the introduction to the curios and relics list, -ATF specifically addresses the transfer requirements for the machineguns contained in Section IV. It states that “[o]nce the registration requirements [under the National Firearms Act] have been met, transfer may be made intrastate or interstate to licensed collectors on AFT Form 4.” Id. at 3; App. at 621. Section 922(o) is susceptible of an interpretation more sweeping than the construction set forth above. This broad interpretation would hold that the prohibition is absolute and thus even a collector or licensed collector would be prohibited from possessing or transferring a machinegun although such a firearm is classified as a curio or relic by the Secretary, if the collector cannot claim any specific exceptions contained in § 922(o)(2)(A) or (B). The specific statutory exceptions contained in § 922(o) do not apply to a normal collector or licensed collector. Fairly read, the exception in section 922(o)(2)(A) applies only to the United States or the states and their political subdivisions and agents. The “under the authority” language does not appear to include the licensing system. See United States v. Warner, 5 F.3d 1378, 1381 (10th Cir.1993) (§ 922(o)(2)(A) permits only possession of machineguns by federal or state agents acting in an official capacity), cert. denied, — U.S. -, 114 S.Ct. 1090, 127 L.Ed.2d 405 (1994). Section 922(o)(2)(B) relates only to the time of initial possession. Therefore, the argument runs, there is no collector or licensed collector exception expressly written or fairly inferred in § 922(o). This is the interpretation argued by the government and what Judge Nygaard adopts. So construed, § 922(o) conflicts with the general scheme that Congress enacted to make it possible for collectors to collect curios and relics, including machineguns, if they are classified as curios and relics by the Secretary. Such a broad reading of § 922(o) would require concluding that when adding § 922(o) to the Gun Control Act, Congress impliedly repealed the general gun collection scheme to the extent that the law then in place allowed machineguns to be collected as curios and relies. In fact, such a broad reading necessitates an implied repeal of not only the general gun collecting scheme, but also two subsections-specifically dealing with machineguns, 18 U.S.C. § 922(a)(4), (b)(4). With the general qualification that they can only conduct transactions in curios and relics, see § 923(b), licensed collectors are specifically authorized to transport machineguns in interstate and foreign' commerce, § 922(a)(4), and to buy and sell machineguns within a state if the Secretary so authorizes, § 922(b)(4). ATF has classified many machineguns as curios and relies which gun collectors may acquire and dispose of in an appropriate transaction. See ATF List, supra, at 29, App. 626. Judge Nygaard attempts to harmonize his reading of § 922(o) with § 922(a)(4), (b)(4) by stating that “[§ 922(a)(4) ] envisions a licensed collector’s ability to transport a machine gun that he or she lawfully possessed before May 19, 1986 [the effective date of § 922(o) ],” Maj.Op. at 1274-75, and that “we cannot imagine that the Secretary would specifically authorize activity that is prohibited in § 922(o),” id. This attempt fails. With respect to § 922(a)(4), Judge Ny-gaard does not ask whether a private citizen can receive (or possess) a machinegun transported to him by an owner who possessed it before May 19, 1986. Under Judge Ny-gaard’s reading of § 922(o), private possession and transfer of machineguns are categorically banned if the possession did not take place before May 19, 1986. After this day, no private person may buy or receive a machinegun from an owner who possessed it before this day although the latter may sell it. An owner would therefore not be able to transport the machineguns (which he possessed before that day) into interstate commerce for the purpose of transferring it to another private citizen because the latter would not be able to receive it. Perhaps Judge Nygaard envisions that a machinegun placed in the stream of commerce stays in the interstate transportation line forever, without reaching a destination. Accordingly, Judge Nygaard’s reading of the interplay between § 922(o) and § 922(a)(4) reaches a result which is totally unacceptable. With respect to § 922(b)(4), the Secretary has specifically authorized the machinegun at issue in this ease to be available for possession and transfer by placing it in his official publication, the ATF curios and relics list, and by stating that it can be transferred, so long as the licensed collector complies with the registration requirements, “either intrastate or interstate to licensed collectors on ATF Form 4.” ATF List, supra, at 3; App. at 621. This authorization was not “imagination,” as Judge Nygaard intimates, but was published for the express and specific purpose of giving guidance to private gun collectors. Even though this is not an individualized authorization, it is a specific authorization for a class of citizens — the licensed collectors. Obviously, the Secretary construed the Gun Control Act as authorizing him to do so. Judge Nygaard contends that what the Secretary did was prohibited by § 922(o). However, because the statutory provisions are confusing and ambiguous, the Secretary is entitled to deference. See infra at 1284 (discussing Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984)). Judge Nygaard’s reading of § 922(o) also conflicts with the last paragraph of § 922(b), which I shall term “trading between federal licensees provision.” Section 922(b) first places certain restrictions on federal licensees when they deal with non-licensees. See § 922(b)(1) (minimum age limit), (b)(2) (compliance with state law), (b)(3) (no local sale to out-of-state persons), (b)(4) (specific authorization of the Secretary required). The last paragraph of § 922(b) states that these restrictions “shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph [ (b)(4) ] shall not apply to a sale or delivery to any research organization designated by the Secretary.” § 922(b). Obviously, this “trading between licensees provision” allows federal licensees to trade curio machineguns between themselves and with designated research organizations. While it is true that § 922(o)(2)(A) permits an owner to transfer a machinegun to a federal or state instrumentality, § 922(a)(4) cannot be limited to transporting a machine-gun to such an entity. Section 922(a)(4) permits transporting machineguns for the purpose o