UNITED STATES v. THOMPSON/CENTER ARMS CO.

No. 91-164.

504 U.S. 505 (1992)

UNITED STATES v. THOMPSON/CENTER ARMS CO.

United States Supreme Court.

Decided June 8, 1992.


Attorney(s) appearing for the Case

James A. Feldman argued the cause for the United States. On the briefs were Solicitor General Starr, Assistant Attorney General Peterson, Deputy Solicitor General Wallace, Kent L. Jones, Gilbert S. Rothenberg, and Steven W. Parks.

Stephen P. Halbrook argued the cause and filed a brief for respondent.*

Souter, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and O'Connor, J., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 519. White, J., filed a dissenting opinion, in which Blackmun, Stevens, and Kennedy, JJ., joined, p. 523. Stevens, J., filed a dissenting opinion, p. 525.


Justice Souter announced the judgment of the Court and delivered an opinion, in which The Chief Justice and Justice O'Connor join.

Section 5821 of the National Firearms Act (NFA or Act), see 26 U. S. C. § 5849, levies a tax of $200 per unit upon anyone "making" a "firearm" as that term is defined in the Act. Neither pistols nor rifles with barrels 16 inches long or longer are firearms within the NFA definition, but rifles...

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