Legal Opinion
United States v. Raymond Rybar, Jr.
Court of Appeals for the Third Circuit
Decided December 30, 1996No. 95-3185PublishedCited by 89 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Chief Judge.
Appellant Raymond Rybar, Jr. was convicted following a conditional guilty plea to two counts of violating 18 U.S.C. § 922(o), which makes it “unlawful for any person to transfer or possess a machinegun.” On appeal, he argues that the district court erred in rejecting his challenge to that provision as beyond Congress’ commerce power and as violating the Second Amendment. Neither challenge is persuasive. Every court of appeals that has considered a challenge to § 922(o) under the Commerce Clause has upheld the constitutionality of the provision. See…
2Cases cited36 opinions
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- United States v. LopezSupreme Court of the United States · 1995
- United States v. BassSupreme Court of the United States · 1971
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
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3Cited by89 opinions
- Parker v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2007
- United States v. EmersonCourt of Appeals for the Fifth Circuit · 2001
- National Rifle Ass'n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms, & ExplosivesCourt of Appeals for the Fifth Circuit · 2012
- United States v. Rene E.Court of Appeals for the First Circuit · 2009
- United States v. CardozaCourt of Appeals for the First Circuit · 1997
84 more not listed; retrieve them via the Exa API.