Legal Opinion
United States v. William Joseph Kirk
Court of Appeals for the Fifth Circuit
Decided February 3, 1997No. 94-50472PublishedCited by 60 opinions
1Per curiam
By virtue of an equally divided en banc court, the judgment of the district court is AFFIRMED.
ROBERT M. PARKER, Circuit Judge, joined by POLITZ, Chief Judge, and KING, HIGGINBOTHAM, DAVIS, WIENER, STEWART and DENNIS, Circuit Judges, would affirm for the following reasons:
In my view, there was a rational basis for Congress to conclude that post-1986 incidents of manufacture, transfer, and possession of machineguns fall within its power to regulate interstate commerce. Every circuit that has examined 18 U.S.C. § 922(o) — both before and after United States v. Lopez, — U.S. —, 115 S.Ct. 1624,…
2Cases cited78 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- United States v. LopezSupreme Court of the United States · 1995
- Gibbons v. OgdenSupreme Court of the United States · 1824
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- United States v. PowellSupreme Court of the United States · 1984
73 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Groome Resources Ltd, Llc, United States of America, Intervenor v. Parish of JeffersonCourt of Appeals for the Fifth Circuit · 2000
- United States v. GonzalesCourt of Appeals for the Fifth Circuit · 1997
- United States v. Charles O. KallestadCourt of Appeals for the Fifth Circuit · 2000
- United States v. Keith Douglas BaileyCourt of Appeals for the Fifth Circuit · 1997
- United States v. Robert Franklyn, Also Known as Robert Franklin, and Ralph Gonzalez, Also Known as Raphael QuinonesCourt of Appeals for the Second Circuit · 1998
55 more not listed; retrieve them via the Exa API.