United States v. Rybar
Encyclopedia
United States of America v. Raymond Rybar, Jr., 103 F.3d 273 (3d Cir. 1996), is a case which was argued before the Third Circuit Court of Appeals on September 13, 1995, and decided on December 30, 1996. The appeal addressed the constitutionality of a provision of the Firearm Owners Protection Act
of 1986 under the Commerce Clause
and the Second Amendment
to the United States Constitution.
under the Firearm Owners Protection Act
of 1986. The weapons in question were a Chinese Type 54
7.62-millimeter machine gun (see note below), and a U.S. Military M-3
.45 caliber submachine gun
. Rybar was charged with four felonies, but only convicted of two. The other two counts were for failing to purchase a tax stamp (this is not registration) for the machine guns under the National Firearms Act
of 1934 for firearms that can not be classified under . The court ruled in United States v. Rock River Armory (1991), that a conviction under 18 U.S.C. § 922o would violate the fundamental fairness found in the Fifth Amendment
. Rybar argued that these convictions violated his Second Amendment
rights as well as the commerce clause
of the United States Constitution.
. Alito argued that the law under which Rybar had been convicted should be vacated, because Congress, in its lawmaking, had not made sufficient findings regarding the impact on interstate commerce clause to fully justify the court deferring to Congressional judgement that the law was authorized by the Commerce Clause. Rather than actually ruling that the law was unconstitutional, Alito asserted simply that Congress had not sufficiently justified it, allowing that, had Congress made sufficient findings, he would defer to those findings.
of caliber 12.7 x 107 mm
, analogous to the .50 BMG
M2 Browning machine gun used by American forces. Likely the weapon in question was a Type 56, which is a Chinese copy of the AK-47
. This is technically an assault rifle
, though the PLA
classifies it as a submachine gun
. There is also a Chinese Type 56 Carbine, a copy of the SKS
, but as the SKS design is only semi-automatic and the AK-47 design is select fire, the AK-47 design would make a far better starting point.
Firearm Owners Protection Act
The Firearm Owners' Protection Act , , codified at et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.-Federal Firearms License regulatory reform:...
of 1986 under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
and the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
to the United States Constitution.
The case
Raymond Rybar, Jr., a federally licensed firearms dealer, had conditionally pleaded guilty to two counts of possessing an illegal machine gunMachine gun
A machine gun is a fully automatic mounted or portable firearm, usually designed to fire rounds in quick succession from an ammunition belt or large-capacity magazine, typically at a rate of several hundred rounds per minute....
under the Firearm Owners Protection Act
Firearm Owners Protection Act
The Firearm Owners' Protection Act , , codified at et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.-Federal Firearms License regulatory reform:...
of 1986. The weapons in question were a Chinese Type 54
Type 56 Assault Rifle
The Type 56 assault rifle is a Chinese copy of the Kalashnikov AK-47 assault rifle, which has been manufactured since 1956. It was produced by State Factory 66 from 1956-73, then by Norinco from 1973 onwards.-Service history:...
7.62-millimeter machine gun (see note below), and a U.S. Military M-3
M3 submachine gun
The M3 was an American .45-caliber submachine gun adopted for U.S. Army service on 12 December 1942, as the United States Submachine Gun, Cal. .45, M3. The M3 was designed as a more cost-effective alternative to the Thompson, optimized for mass production...
.45 caliber submachine gun
Submachine gun
A submachine gun is an automatic carbine, designed to fire pistol cartridges. It combines the automatic fire of a machine gun with the cartridge of a pistol. The submachine gun was invented during World War I , but the apex of its use was during World War II when millions of the weapon type were...
. Rybar was charged with four felonies, but only convicted of two. The other two counts were for failing to purchase a tax stamp (this is not registration) for the machine guns under the National Firearms Act
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
of 1934 for firearms that can not be classified under . The court ruled in United States v. Rock River Armory (1991), that a conviction under 18 U.S.C. § 922o would violate the fundamental fairness found in the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
. Rybar argued that these convictions violated his Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
rights as well as the commerce clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
of the United States Constitution.
The decision
The Third Circuit Court upheld his convictions 2-1. Authoring a notable dissenting opinion was from then Judge Samuel AlitoSamuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
. Alito argued that the law under which Rybar had been convicted should be vacated, because Congress, in its lawmaking, had not made sufficient findings regarding the impact on interstate commerce clause to fully justify the court deferring to Congressional judgement that the law was authorized by the Commerce Clause. Rather than actually ruling that the law was unconstitutional, Alito asserted simply that Congress had not sufficiently justified it, allowing that, had Congress made sufficient findings, he would defer to those findings.
Error in firearm description
The case decision mentions a "Chinese Type 54, 7.62-millimeter submachine gun". Such a thing does not exist, and it is probably the result of a confusion between two different Chinese designations. The Chinese Type 54 is a belt fed heavy machine gunHeavy machine gun
The heavy machine gun or HMG is a larger class of machine gun generally recognized to refer to two separate stages of machine gun development. The term was originally used to refer to the early generation of machine guns which came into widespread use in World War I...
of caliber 12.7 x 107 mm
12.7 x 107 mm
The 12.7×108 mm cartridge is a heavy machine gun and anti-materiel rifle cartridge used by the Soviet Union, the former Warsaw Pact, modern Russia, and other countries.It is used in the same roles as the NATO .50 BMG cartridge...
, analogous to the .50 BMG
.50 BMG
The .50 Browning Machine Gun or 12.7×99mm NATO is a cartridge developed for the Browning .50 caliber machine gun in the late 1910s. Entering service officially in 1921, the round is based on a greatly scaled-up .30-06 cartridge...
M2 Browning machine gun used by American forces. Likely the weapon in question was a Type 56, which is a Chinese copy of the AK-47
AK-47
The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...
. This is technically an assault rifle
Assault rifle
An assault rifle is a selective fire rifle that uses an intermediate cartridge and a detachable magazine. Assault rifles are the standard infantry weapons in most modern armies...
, though the PLA
People's Liberation Army
The People's Liberation Army is the unified military organization of all land, sea, strategic missile and air forces of the People's Republic of China. The PLA was established on August 1, 1927 — celebrated annually as "PLA Day" — as the military arm of the Communist Party of China...
classifies it as a submachine gun
Submachine gun
A submachine gun is an automatic carbine, designed to fire pistol cartridges. It combines the automatic fire of a machine gun with the cartridge of a pistol. The submachine gun was invented during World War I , but the apex of its use was during World War II when millions of the weapon type were...
. There is also a Chinese Type 56 Carbine, a copy of the SKS
SKS
The SKS is a Soviet semi-automatic rifle chambered for the 7.62x39mm round, designed in 1943 by Sergei Gavrilovich Simonov. SKS-45 is an acronym for Samozaryadnyj Karabin sistemy Simonova, 1945 Simonov system, 1945), or SKS 45. The Sks is a scaled down version of the PTRS-41 anti-tank rifle also...
, but as the SKS design is only semi-automatic and the AK-47 design is select fire, the AK-47 design would make a far better starting point.