Firearm Owners Protection Act Court Rulings
- Farmer v. Higgins (11th Cir. 1990) - United States Court of Appeals for the Eleventh Circuit ruling the ATF does not need to register new machine guns for private ownership under the exception of 18 USC 922(o)(A)(1).
- United States v. Warner (10th Cir. 1993) - United States Court of Appeals for the Tenth Circuit ruling regarding Mr. Warner, who was caught in Utah with a machine gun and convicted on 922(o), possession of a machine gun. Mr. Warner appealed on the basis the Utah constitution allows its citizens to bear arms, and therefore he is exempt based on 922(o)(2)(A), "under authority of the State." However, the court overruled this, citing the Farmer case saying machine guns were not meant to be in private hands, and although the Utah law gives permission to own automatic firearms, it did not grant him authority.
- United States v. Rock Island Armory (1991) - United States District Court for the Central District of Illinois ruling one cannot be prosecuted for 1934 National Firearms Act violations for machine guns produced after 1986:
- "...since enactment of 18 U.S.C. ยง 922(o), the Secretary has refused to accept any tax payments to make or transfer a machine gun made after May 19, 1986, to approve any such making or transfer, or to register any such machine gun. As applied to machine guns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional."
Read more about this topic: Firearm Case Law In The United States
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