Thurgood Marshall, United States v. Bass — Opinion of the Court
“ Even assuming that a person can 'transport' a firearm under the statute without possessing or receiving it, there is no reason consistent with any discernible purpose of the statute to apply an interstate commerce requirement to the 'transports' offense alone. ”
Thurgood Marshall, United States v. Bass — Opinion of the Court
“ Having concluded that the commerce requirement in § 1202 (a) must be read as part of the 'possesses' and 'receives' offenses, we add a final word about the nexus with interstate commerce that must be shown in individual cases. The Government can obviously meet its burden in a variety of ways. We note only some of these. For example, a person 'possesses . . . in commerce or affecting commerce' if at the time of the offense the gun was moving interstate or on an interstate facility, or if the possession affects commerce. ”
Thurgood Marshall, United States v. Bass — Opinion of the Court
“ Since virtually all transportations, whether interstate or intrastate, involve an accompanying possession or receipt, it is odd indeed to argue that on the one hand the statute reaches all possessions and receipts, and on the other hand outlaws only interstate transportations. ”
