Sam Frank Mandina v. United States

STEPHENSON, Circuit Judge.

This appeal presents the question of whether 18 U.S.C. § 922(a) (1) requires as an essential element of the offense of unlawful dealing in firearms or ammunition an allegation and proof such activities were in interstate or foreign commerce. Appellant (Mandina) as-' serts in the alternative that if the statute applies to wholly intrastate activities then Congress has exceeded its constitutional authority and the statute is unconstitutional.

Mandina was charged by indictment with engaging “in the business of dealing in firearms and ammunition without being licensed to…