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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-164
- --------
- UNITED STATES, PETITIONER v. THOMPSON/
- CENTER ARMS COMPANY
- on writ of certiorari to the united states court of
- appeals for the federal circuit
- [June 8, 1992]
-
- Justice Stevens, dissenting.
- If this were a criminal case in which the defendant did
- not have adequate notice of the Government's interpretation
- of an ambiguous statute, then it would be entirely appropri-
- ate to apply the rule of lenity. I am persuaded, however,
- that the Court has misapplied that rule to this quite
- different case.
- I agree with Justice White, see ante, at 1, and also with
- the Court, see ante, at 5, that respondent has made a
- firearm even though it has not assembled its constituent
- parts. I also agree with Justice White that that should be
- the end of the case, see ante, at 2, and therefore, I join his
- opinion. I add this comment, however, because I am
- persuaded that the Government should prevail even if the
- statute were ambiguous.
- The main function of the rule of lenity is to protect
- citizens from the unfair application of ambiguous punitive
- statutes. Obviously, citizens should not be subject to
- punishment without fair notice that their conduct is
- prohibited by law. The risk that this respondent would be
- the victim of such unfairness, is, however, extremely
- remote. In 1985, the Government properly advised respon-
- dent of its reading of the statute and gave it ample opportu-
- nity to challenge that reading in litigation in which nothing
- more than tax liability of $200 was at stake. See 924 F. 2d
- 1041, 1042-1043 (CA Fed. 1991). Moreover, a proper
- construction of the statute in this case would entirely
- remove the risk of criminal liability in the future.
- The Court, after acknowledging that this case involves -a
- tax statute- and its construction -in a civil setting,- ante, at
- 12, nevertheless proceeds to treat the case as though it
- were a criminal prosecution. In my view, the Court should
- approach this case like any other civil case testing the
- Government's interpretation of an important regulatory
- statute. This statute serves the critical objective of regulat-
- ing the manufacture and distribution of concealable
- firearms-dangerous weapons that are a leading cause of
- countless crimes that occur every day throughout the
- Nation. This is a field that has long been subject to
- pervasive governmental regulation because of the danger-
- ous nature of the product and the public interest in having
- that danger controlled. The public interest in carrying out
- the purposes that motivated the enactment of this statute
- is, in my judgment and on this record, far more compelling
- than a mechanical application of the rule of lenity.
- Accordingly, for this reason, as well as for the reasons
- stated by Justice White, I respectfully dissent.
-
-