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United States v. Tous

United States Court of Appeals, Ninth Circuit
May 5, 1972
461 F.2d 656 (9th Cir. 1972)

Summary

finding the ACT a valid exercise of the power of Congress to tax

Summary of this case from U.S. v. Kramer

Opinion

No. 72-1209.

May 5, 1972.

Michael D. Nasatir, of Nasatir, Sherman Hirsch, Beverly Hills, Cal., for defendant-appellant.

William D. Keller, U.S. Atty., Eric A. Nobles, Leslie E. Osborne, Jr., Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before HAMLEY, CHOY and GOODWIN, Circuit Judges.


This is an appeal from a conviction under 26 U.S.C. § 5861(d) (possessing an unregistered machine gun) and a sentence of one year's probation. We affirm.

The first point asserts that a conviction cannot stand without evidence that the defendant received or transported the firearm through interstate commerce. Interstate activity, however, is not an element of the crime under 26 U.S.C. § 5861. The statute is silent on the score of commerce. It is a valid exercise of the power of Congress to tax. United States v. Giannini, 455 F.2d 147 (9th Cir. 1972).

The second point is that, because he was unaware of the statute's amnesty and registration provision, the defendant was unable to comply with the registration clause of the statute. Ignorance of the statute's amnesty provisions is no defense. Congress can impose upon those who keep machine guns a reasonable duty to inquire about the obligations that may accompany such possession. See United States v. Freed, 401 U.S. 601, 609-610, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971).

Affirmed.


Summaries of

United States v. Tous

United States Court of Appeals, Ninth Circuit
May 5, 1972
461 F.2d 656 (9th Cir. 1972)

finding the ACT a valid exercise of the power of Congress to tax

Summary of this case from U.S. v. Kramer
Case details for

United States v. Tous

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. RICHARD HAROLD TOUS…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 5, 1972

Citations

461 F.2d 656 (9th Cir. 1972)

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The Ninth Circuit has upheld § 5861(d) as a valid exercise of Congress' power to tax. See United States v.…

U.S. v. Mack

We have already determined that the passage of § 5861(d) was a permissible exercise of Congress's taxing…