United States v. Loarn Anthony Biswell

Mr. Justice CLARK:

Appellant was indicted on six counts for violating the United States’ firearms laws, and was found guilty by a jury on the first count, i. e. dealing in firearms as defined in the Act, 26 U.S.C. § 5845, without having paid the special occupational tax required by 26 U.S.C. § 5801, in violation of 26 U.S.C. §§ 5861 and 5871.

He contends, inter alia, that the Act is unconstitutional because it provides for the search of non-public areas of business premises without a search warrant. Such a search without a warrant was made of appellant’s premises, and guns coming within the…