United States v. Herbert Van Buren

Appellant Van Burén was convicted of knowingly engaging in the business of dealing in firearms without a license in violation of 18 U.S.C. § 922(a)(1). 1 On appeal he contends that the statute is so vague and ambiguous that it fails to provide reasonable notice of what conduct is forbidden. Van Burén, a gun collector, specifically contends that the statute fails to define the point at which collecting becomes the business of dealing.

The distinction between collecting as a hobby and dealing as a business is not unknown to the law and it is recognized that where transactions of sale, purchase…