Strict Construction of Firearms Offenses: The Supreme Court and the Gun Control Act of 1968

Abstract

Associate Dean and Professor, Stetson University College of Law. Four graduates of Stetson University College of Law—Robert Butterfield, Kevin Fantauzzo, David Heil, and Matthew King—aided in the preparation of this article. At the editorial conference for the symposium, a discussion group including David Caplan, Susan Wimmershoff-Caplan, Penny Crook, Margaret Howard, James Jacobs, Don Kates, Gary Kleck, Daniel Polsby, and Robert Shalhope made helpful suggestions. Don Kates' editorial assistance was invaluable: without his insight and vast knowledge of the area, I would not have been able to write this article. Of course, none of these persons bears any responsibility for the work's defects. 1 Pub. L. No. 90-618, 82 Stat. 1213 (codified as amended at 18 U.S.C. §§ 921-928 (1982); 18 U.S.C. app. §§ 1201-1203 (1982); 26 U.S.C. §§ 5801-5872 (1982)). Many of these same provisions were enacted as part of the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. No. 90-351, 82 Stat. 197 (codified as amended in scattered sections of titles 5, 18, 42, and 47 of the U.S. Code (1982)). 2 United States v. Biswell, 406 U.S. 311 (1972); United States v. Bass, 404 U.S. 336 (1971); United States v. Freed, 401 U.S. 601 (1971). 3 United States v. Biswell, 406 U.S. 311, 313-17 (1972). [Copyright © 1986 Law and Contemporary Problems Originally published as 49 LAW & CONTEMP. PROBS. 163-198 (1986). For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. Hein & Co., 1285 Main Street, Buffalo, New York 14209; 716-882-2600 or 800-828-7571.]