United States v. Arthur E. O'Neill

MANSFIELD, Circuit Judge.

This appeal by the Government from the dismissal of an indictment charging a violation of the gun control provisions of the Omnibus Crime Control and Safe Streets Act of 1968 raises a straightforward legal question: Must the Government allege and prove a nexus with interstate commerce in order to charge a violation of §§ 922(a) (6) and 924(a) 1 of that Act? The district court concluded that it did. We disagree and reverse.

The one-count indictment, which alleges that on October 1,1970, the defendant O’Neill, in acquiring a firearm from a licensed dealer, falsely…