FARMER v. HIGGINS

No. 90-8185.

907 F.2d 1041 (1990)

J.D. FARMER, Jr., Plaintiff-Appellee, v. Stephen E. HIGGINS, Director, Bureau of Alcohol, Tobacco and Firearms, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied August 30, 1990.


Attorney(s) appearing for the Case

Mark B. Stern, Michael Singer, Office of Gen. Counsel, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Stephen P. Halbrook, Fairfax, Va., John S. D'Orazio, Finch, McCranie, Brown & Thrash, Atlanta, Ga., for plaintiff-appellee.

Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied August 30, 1990.

HATCHETT, Circuit Judge:

In this case of first impression, we are asked to determine whether the Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act of 1986, prohibits private persons from possessing machine guns. We hold that the Firearms Owners' Protection Act does prohibit the private possession of machine guns not lawfully possessed prior to May 19, 1986. We reverse the district...

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