Barrett v. United States, 423 U.S. 212 (1976)

Barrett v. United States


No. 74-5566


Argued November 4, 1975
Decided January 13, 1976
423 U.S. 212

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

The provision of the Gun Control Act of 1968, 18 U.S.C. § 922(h), making it unlawful for a convicted felon, inter alia, "to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce," held to apply to a convicted felon’s intrastate purchase from a retail dealer of a firearm that previously, but independently of the felon’s receipt, had been transported in interstate commerce from the manufacturer to a distributor and then from the distributor to the dealer. Pp. 215-225.

504 F.2d 629, affirmed.

BLACKMUN, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, MARSHALL, and POWELL, JJ., joined. WHITE, J., filed a concurring opinion, post, p. 225. STEWART, J., filed a dissenting opinion, in which REHNQUIST, J., joined, post, p. 228. STEVENS, J., took no part in the consideration or decision of the case.