Legal Opinion

J.D. Farmer, Jr. v. Stephen E. Higgins, Director, Bureau of Alcohol, Tobacco and Firearms

Court of Appeals for the Eleventh Circuit

Decided August 30, 1990No. 90-8185PublishedCited by 19 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

In this case of first impression, we are asked to determine whether the Gun Control Act of 1968, as amended by the Firearms Owners’ Protection Act of 1986, prohibits private persons from possessing machine guns. We hold that the Firearms Owners’ Protection Act does prohibit the private possession of machine guns not lawfully possessed prior to May 19, 1986. We reverse the district court.

FACTS AND PROCEDURAL HISTORY

By application dated October 24, 1986, J.D. Farmer, Jr., the appellee, filed with the Bureau of Alcohol, Tobacco and Firearms (the Bureau) an application to…

2Cases cited6 opinions

  1. United States v. TurketteSupreme Court of the United States · 1981
  2. Consumers Union of the United States, Inc. v. SawhillTemporary Emergency Court of Appeals · 1975
  3. Gun South, Inc. v. BradyCourt of Appeals for the Eleventh Circuit · 1989
  4. Veterans Administration Medical Center, Tampa, Florida v. Federal Labor Relations AuthorityCourt of Appeals for the Eleventh Circuit · 1982
  5. Consumers Union of United States, Inc. v. SawhillTemporary Emergency Court of Appeals · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. United States v. BaileyCourt of Appeals for the Eleventh Circuit · 1997
  2. United States v. Alfonso Lopez, Jr.Court of Appeals for the Fifth Circuit · 1993
  3. United States v. Ralph R. RossCourt of Appeals for the Seventh Circuit · 1993
  4. United States v. John W. KenneyCourt of Appeals for the Seventh Circuit · 1996
  5. United States v. WrightCourt of Appeals for the Eleventh Circuit · 1997

14 more not listed; retrieve them via the Exa API.

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