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National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional."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
Famous quotes containing the words owners, protection, act and/or court:
“The work of the miner has its unavoidable incidents of discomfort and danger, and these should not be increased by the neglect of the owners to provide every practicable safety appliance. Economies which involve a sacrifice of human life are intolerable.”
—Benjamin Harrison (1833–1901)
“Take away from the courts, if it could be taken away, the power to issue injunctions in labor disputes, and it would create a privileged class among the laborers and save the lawless among their number from a most needful remedy available to all men for the protection of their business interests against unlawful invasion.... The secondary boycott is an instrument of tyranny, and ought not to be made legitimate.”
—William Howard Taft (1857–1930)
“Dangerous conceits are in their natures poisons,
Which at the first are scarce found to distaste,
But with a little act upon the blood
Burn like the mines of sulphur.”
—William Shakespeare (1564–1616)
“As to “Don Juan,” confess ... that it is the sublime of that there sort of writing; it may be bawdy, but is it not good English? It may be profligate, but is it not life, is it not the thing? Could any man have written it who has not lived in the world? and tooled in a post-chaise? in a hackney coach? in a Gondola? against a wall? in a court carriage? in a vis a vis? on a table? and under it?”
—George Gordon Noel Byron (1788–1824)