Dickerson, Director, Bureau of Alcohol, Tobacco and Firearms v. New Banner Institute, Inc. (460 U.S. 103)
U.S. Supreme Court · decided February 23, 1983 · Supreme Court Database (Spaeth)
- Citation
- 460 U.S. 103 · 103 S. Ct. 986
- Decided
- February 23, 1983
- Term
- October Term 1982
- Vote
- 5–4
- Majority author
- Justice Blackmun
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Blackmun delivered the opinion of the Court. This case presents the issue whether firearms disabilities imposed by 18 U. S. C. §§ 922(g) and (h) apply with respect to a person who pleads guilty to a state offense punishable by imprisonment for more than one year, when the record of the proceeding subsequently is expunged under state procedure following a successfully served term of probation. Title IV of the Omnibus Crime Control and Safe Streets Act of 1968, 82 Stat. 226, was amended by the Gun Control Act of 1968, 82 Stat. 1214, and now appears as 18 U. S. C. §921 et seq. (1976 ed. and Supp. V). Title IV makes it unlawful for any person “who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year” to ship, transport, or receive any firearm or ammunition in interstate commerce. §§ 922(g) and (h). Title IV also makes it unlawful to engage in the business of importing, manufacturing, or dealing in firearms without a license from the Secretary of the Treasury. §§ 922(a) and 923(a). One ground, specified by the statute, for denial of a license is the fact that the applicant is barred by §§ 922(g) and (h) from transporting, shipping, or receiving firearms or ammunition. § 923(d)(1)(B). The same statute provides that where the applicant is a corporation, partnership, or association, a license will…
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