|
|
Tot v. United States, 319 U.S. 463 (1943)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Tot v. United States, 319 U.S. 463 (1943)
Tot v. United States No. 569 Argued April 5, 1943 Decided June 7, 1943 319 U.S. 463
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Sec. 2(f) of the Federal Firearms Act, where it provides that it shall be unlawful for any person who has been convicted of a crime of violence or is a fugitive from justice to receive any firearm or ammunition "which has been shipped or transported in interstate or foreign commerce," is confined to the receipt of firearms or ammunition as a part of interstate transportation, and does not extend to the receipt, in an intrastate transaction, of such articles which, at come prior time, have been transported interstate. P. 466.
2. Congress was without power to create the presumptions sought to be created by § 2(f) of the Federal Firearms Act, to-wit: that, from the prisoner’s prior conviction of a crime of violence and his present possession of a firearm or ammunition, it shall be presumed (1) that the article was received by him in interstate or foreign commerce, and (2) that such receipt occurred after July 30, 1938, the effective date of the statute. P. 466.
3. A statutory presumption cannot be sustained if there be no rational connection in common experience between the fact proved and the ultimate fact presumed. P. 467.
131 F. 2d 261, reversed. 131 F.2d 614, affirmed.
CERTIORARI, 317 U.S. 623 (No. 569), to review the affirmance of a conviction under the Federal Firearms Act, and certiorari, 318 U.S. 748 (No. 636), to review a judgment reversing a like conviction.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Tot v. United States, 319 U.S. 463 (1943) in 319 U.S. 463 319 U.S. 464. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=CX6GU7X7DPAU87L.
MLA: U.S. Supreme Court. "Syllabus." Tot v. United States, 319 U.S. 463 (1943), in 319 U.S. 463, page 319 U.S. 464. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CX6GU7X7DPAU87L.
Harvard: U.S. Supreme Court, 'Syllabus' in Tot v. United States, 319 U.S. 463 (1943). cited in 1943, 319 U.S. 463, pp.319 U.S. 464. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=CX6GU7X7DPAU87L.
|