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Small v. United States, 544 U.S. 385 (2005), [1] was a decision by the Supreme Court of the United States involving 18 U.S.C. § 922(g)(1), [2] which makes it illegal to possess a firearm for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison.
That was enough to trigger Section 922(g)(1). Defending that application of the provision, the government cited laws enacted in the 17th, 18th, and 19th centuries that prohibited people from ...
In a concurring opinion, Judge Stephen A. Higginson agreed with that result but emphasized that neither decision means prosecutions under Section 922(g)(3) are always unconstitutional.
Salerno, 481 U.S. 739, 107 S.Ct. 2095 (1987) when it held the statute to be facially unconstitutional. Justice Thomas was the sole dissenter, arguing that 18 U.S.C. § 922(g)(8) could never be applied constitutionally because the statute is wholly inconsistent with the history-and-tradition test set forth in Bruen.
The Gun Control Act of 1968 (GCA or GCA68) [1] is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers ...
In United States District Court for the District of Arizona, Stewart was convicted of one count for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1) [5] and 18 U.S.C. § 924(a)(2), [6] and five counts for unlawful possession of a machine gun in violation of 18 U.S.C. § 922(o). On June 3, 2002, Stewart was sentenced to five ...
Herring was indicted in the United States District Court for the Middle District of Alabama for violations of 18 U.S.C. § 922(g)(1) (felon in possession of a firearm) and 21 U.S.C. § 844(a) (possession of a controlled substance, viz. methamphetamine) and invoked the exclusionary rule to have both the firearm and drug evidence suppressed.
Henderson v. United States, 575 U.S. 622 (2015), was a United States Supreme Court case in which the Court held a court-ordered transfer of a felon's lawfully owned firearms from government custody to a third party is not barred by §922(g) if the court is satisfied that the recipient will not give the felon control over the firearms, so that he could either use them or direct their use.