bass argued october decided december respondent convicted possessing firearms violation omnibus crime control safe streets act provides person convicted felony receives possesses transports commerce affecting commerce firearm shall punished prescribed therein indictment allege attempt made show firearms involved possessed commerce affecting commerce government contending statute require proof connection interstate commerce individual cases involving possession receipt doubting constitutionality statute thus construed appeals reversed held clear language legislative history whether receipt possession firearm convicted felon shown individual prosecution connected interstate commerce ambiguity provision criminal statute one whose broad construction define federal offense conduct readily proscribed must therefore resolved favor narrower reading nexus interstate commerce must shown respect three offenses embraced provision pp affirmed marshall delivered opinion douglas brennan except part iii stewart white joined brennan filed separate statement post blackmun filed dissenting opinion burger joined post roger pauley argued cause brief solicitor general griswold assistant attorney general wilson samuel huntington beatrice rosenberg william hellerstein appointment argued cause respondent brief phylis skloot bamberger justice marshall delivered opinion respondent convicted southern district new york possessing firearms violation title vii omnibus crime control safe streets act app pertinent part statute reads person convicted state political subdivision thereof felony receives possesses transports commerce affecting commerce firearm shall fined imprisoned two years conviction respondent unsuccessfully moved arrest judgment two primary grounds statute reach possession firearm shown commerce affecting commerce congress overstepped constitutional powers commerce clause supp appeals reversed conviction view government construction statute accepted substantial doubt statute constitutionality granted certiorari resolve conflict among lower courts proper reach statute affirm judgment substantially different reasons conclude ambiguous critical respect sanctions criminal government broader reading statute mark major inroad domain traditionally left refuse adopt broad reading absence clearer direction congress wishing give point quip legislative history doubtful go statute begin looking text critical textual question whether statutory phrase commerce affecting commerce applies possesses receives well transports government must prove essential element offense possession receipt transportation commerce affecting commerce burden undertaken prosecution possession statute read well either view natural construction language suggests clause commerce affecting commerce qualifies three antecedents list porto rico railway light power mor since commerce affecting commerce undeniably applies least one antecedent since makes sense three plausible construction fact applies three although beginning argument certainly neither overwhelming decisive significant respect however language statute provide support respondent reading undeniably phrase commerce affecting commerce part transports offense phrase applies transports statute curious reach permitting transportation firearm unless transported commerce affecting commerce statute prohibit possessions firearms interstate intrastate receipts since virtually transportations whether interstate intrastate involve accompanying possession receipt odd indeed argue one hand statute reaches possessions receipts hand outlaws interstate transportations even assuming person transport firearm statute without possessing receiving reason consistent discernible purpose statute apply interstate commerce requirement transports offense alone short government convincing explanation inclusion clause commerce affecting commerce phrase applies word transports far likely phrase meant apply possesses receives well transports noted inclusion phrase mirror approach federal criminal jurisdiction reflected many federal statutes nevertheless government argues reading preferred defendant narrower interpretation make title vii redundant title iv act title iv inter alia makes crime four categories people including convicted crime punishable term exceeding one year ship transport firearm ammunition interstate foreign commerce receive firearm ammunition shipped transported interstate foreign commerce senator long sponsor title vii represented senator dodd sponsor title iv title vii indeed complement title iv cong rec see also cong rec respondent reading title vii fully consistent view first although subsections two titles address prohibitions people statute also reaches substantial groups people reached secondly title vii complements title iv punishing broader class behavior even respondent view title vii offense made firearm possessed received commerce affecting commerce however title iv apparently reach possessions intrastate transactions even interstate commerce nexus limited sending receiving firearms part interstate transportation addition whatever reading adopted title vii title iv part redundant interstate commerce requirement title vii minimally applies transportation since title iv also prohibits convicted criminals transporting firearms interstate commerce two titles overlap readings government broader reading title vii eliminate redundancy simply creates larger area overlap government stronger ground reading necessary give title vii unique independent thrust case event circumstances surrounding passage title vii make plain title vii carefully molded complement title iv title vii senate amendment omnibus crime control safe streets act amendment hastily passed little discussion hearings report notion enacted dovetail neatly title iv rests perhaps conception model legislative process pretend statutes model statutes courts interpret statute eye surrounding statutory landscape ear harmonizing potentially discordant provisions guiding principles substitutes congressional lawmaking view conclusion drawn title iv concerning correct interpretation title vii aspects meager legislative history however provide significant support government interpretation senate floor senator long introduced described various evils prompted statute evils included assassinations public figures threats operation businesses significant enough aggregate affect commerce evils note thoroughly mitigated forbidding every possession firearm specified classes especially risky people regardless whether gun possessed received transported commerce affecting commerce addition specific remarks senator read state amendment reaches mere possession guns without showing interstate commerce nexus senator long never specifically says connection commerce need shown individual case nothing statements explains interstate commerce nexus irrelevant individual cases phrase commerce affecting commerce statute even senator long remarks crystal clear us apparently crystal clear congressional colleagues meager discussion title vii one congressmen discussed amendment summarized title vii mak ing federal crime take possess receive firearm across state lines cong rec statement pollock short legislative history act hardly speaks clarity purpose congress supposedly furnishes courts order enable enforce true universal camera nlrb cases various remarks legislators sufficiently ambiguous insofar narrow issue concerned invite mutually destructive dialectic much fcc columbia broadcasting system taken together statutory materials inconclusive central issue whether statutory phrase commerce affecting commerce applies possesses receives well transports standing alone legislative history might tip government favor respondent explains far better presence critical language statute government concedes statute model logic clarity pet cert seiz ing every thing aid derived fisher cranch marshall left ambiguous statute ii given ambiguity adopt narrower reading phrase commerce affecting commerce part three offenses present conviction must set aside government failed show requisite nexus interstate commerce result dictated two wise principles long followed first recently reaffirmed ambiguity concerning ambit criminal statutes resolved favor lenity rewis see also ladner bell five gambling devices plurality opinion affirmance various ways years stated choice made two readings conduct congress made crime appropriate choose harsher alternative require congress spoken language clear definite universal credit principle founded two policies long part tradition first fair warning given world language common world understand law intends certain line passed make warning fair far possible line clear mcboyle holmes see also cardiff second seriousness criminal penalties criminal punishment usually represents moral condemnation community legislatures courts define criminal activity policy embodies instinctive distaste men languishing prison unless lawmaker clearly said friendly justice frankfurter reading statutes benchmarks thus ambiguity criminal statute doubts resolved favor defendant conclude congress plainly unmistakably gradwell made federal crime convicted felon simply possess gun absent demonstrated nexus interstate commerce second principle supporting today result unless congress conveys purpose clearly deemed significantly changed balance congress traditionally reluctant define federal crime conduct readily denounced criminal congressional policy rooted concepts american federalism provided basis doctrines see younger harris emphasized last term rewis supra quick assume congress meant effect significant change sensitive relation federal state criminal jurisdiction traditionally sensitive areas legislation affecting federal balance requirement clear statement assures legislature fact faced intended bring issue critical matters involved judicial decision rewis declined accept expansive interpretation travel act said alter sensitive relationships overextend limited federal police resources noted us weigh merits factors went conclude fact even discussed legislative history strongly suggests congress intend statute broad reach instant case broad construction urged government renders traditionally local criminal conduct matter federal enforcement also involve substantial extension federal police resources absent proof interstate commerce nexus case dramatically intrudes upon traditional state criminal jurisdiction rewis legislative history provides scanty basis concluding congress faced serious questions meant affect balance way claimed government absent clearer statement intention congress present interpret reach mere possession firearms iii concluded commerce requirement must read part possesses receives offenses add final word nexus interstate commerce must shown individual cases government obviously meet burden variety ways note example person possesses commerce affecting commerce time offense gun moving interstate interstate facility possession affects commerce significantly broader reach however offense receiv ing commerce affecting commerce conclude government meets burden demonstrates firearm received previously traveled interstate commerce narrowest possible reading statute canons clear statement strict construction mean every criminal statute must given narrowest possible meaning complete disregard purpose legislature bramblett resolved basic uncertainty statute favor narrow reading concluding commerce affecting commerce part offense possessing receiving firearm given evils prompted statute basic legislative purpose restricting activity convicted felons readings give commerce requirement although narrow appropriate consistent regard sensitive relation federal state criminal jurisdiction reading preserves element offenses requirement suited federal criminal jurisdiction alone judgment affirmed footnotes respondent acquitted another count charging carrying firearm commission felony sale narcotic drug federal offense date six circuits numerous district courts decided issue government view adopted cabbler cert denied donofrio stevens one judge dissenting synnes daniels result reached second circuit case also reached harbin supp nd ind steed cr wd may phelps cr md francis cr ed light disposition case reach question whether upon appropriate findings congress constitutionally punish mere possession firearms thus need consider relevance connection recent decision perez question whether definition felony creates classification violating fifth amendment raised government petition certiorari also considered frankfurter reflections reading statutes rev compare standard brewery ftc mandel brothers see also sutherland statutory construction ed llewellyn common law tradition government noting comma transports argues punctuation indicates congressional intent limit qualifying phrase last antecedent many leading grammarians sometimes noting commas end series avoid ambiguity concede use commas discretionary see evans evans dictionary contemporary american usage nicholson dictionary usage copperud dictionary usage style cf strunk white elements style grammarians divided surely cheerfully tolerant attach significance omitted comma enough say statute punctuation fully consistent respondent interpretation case grammatical expertise help clarify statute meaning government urges transports includes act causing firearm transported therefore connote offense separate cases receives possesses government argues congress might felt broader scope term transports compared terms receives possesses justified qualification interstate commerce requirement brief government view comparative breadth various offenses certainly follow definition transports beyond argument congress might felt purely speculative finds support arguable purpose statute certainly basis concluding congress less concerned transporting supplying guns acquisition see prostitution travel act robbery extortion strikebreaking kidnaping gambling explosives et seq antitrust securities fraud title vii limits activity convicted felons dishonorable dischargers armed services persons adjudged mentally incompetent aliens illegally country former citizens renounced citizenship see supra felony defined offense punishable imprisonment term exceeding one year include offense one involving firearm explosive classified misdemeanor laws state punishable term imprisonment two years less app title iv reaches persons indictment convicted crime punishable imprisonment term exceeding one year fugitives justice users addicts various drugs persons adjudicated mental defective committed mental institution title iv modified recodified version ed stat turn amended original statute passed stat amendment enlarged group people coming within act substantive prohibitions transportation receipt firearms interstate commerce wording substantive offense remained identical although original act provision possession firearm shall presumptive evidence firearm ammunition shipped transported received interstate foreign commerce presumption struck tot noted act confined receipt firearms ammunition part interstate transportation extend receipt intrastate transaction articles prior time transported interstate reach title iv question decided finally day government presented learning evidence indicating act changed prior approach receipt offense see omnibus crime control safe streets act started life measure designed aid state local governments law enforcement means financial administrative assistance see sess bill passed house august went senate similar bill introduced senate went committee judiciary rewrote completely see supra amendments included provisions regarding admissibility confessions wiretapping state firearms control may senator long introduced floor amendment designated title vii introductory remarks set forth purpose amendment cong rec week later explained amendment brief debate reaction favorable cautious thought study suggested several favorably inclined senators observed problems bill drafted unexpectedly however call vote title vii passed without modification see cong rec amendment received passing mention house discussion bill cong rec never received committee consideration study house either see cong rec example senator long began floor statement announcing prepared amendment offer appropriate time simply setting forth fact anybody convicted felony comes within certain categories permitted possess firearm cong rec additional reasons contains congressional findings applicable decisive support government section reports congress hereby finds declares receipt possession transportation firearm felons veterans discharged dishonorable conditions mental incompetents aliens illegally country former citizens renounced citizenship constitutes burden commerce threat affecting free flow commerce threat safety president vice president impediment threat exercise free speech free exercise religion guaranteed first amendment constitution threat continued effective operation government government state guaranteed article iv constitution government argues findings wholly unnecessary unless congress intended prohibit receipts possessions firearms felons findings burdens threats simply state congress view constitutional basis power act findings tell us much congress perceived power fact invoked findings fact support statute broader one actually passed suggested fact commerce affecting commerce appear introductory clause findings even though contains phrase concededly reaches transportation commerce affecting commerce holmes prefaced statement observation likely criminal carefully consider text law murders steals case gun acquisition possession unreasonable imagine citizen attempting steer careful course violation statute lawful conduct hood course state law prohibiting felons possessing firearms new york state penal law supp may unreal argue notice problems federal law many however laws prohibiting felons possessing firearms see geisel roll wettick effectiveness state local regulation handguns statistical analysis duke since limited federal gun control laws notice problem law may quite real apex hosiery leader five gambling devices plurality opinion ftc bunte frankfurter reflections reading statutes rev cf auto workers wisconsin board palmer massachusetts leiter minerals hart sacks legal process basic problems making application law tent ed reading preserves significant difference receipt offenses title iv title vii see supra justice blackmun chief justice joins dissenting join opinion judgment five six courts appeals passed upon issue presented case decided adversely position urged respondent cabbler cert denied mullins donofrio stevens one judge dissenting synnes wiley taylor daniels crow second circuit stands opposed statute app speaks one receives possesses transports commerce affecting commerce although arguably ambiguous government concedes model logic clarity clear enough structure vital language punctuation make refer one receives one possesses one transports commerce one wished say welcome cat welcome dog welcome cow jumps moon likely say like cat dog cow jumps moon meaning implants statute justified addition interposition comma word transports perceive warrant judicial transfiguration statute phrase date enactment act separated commas undeniably modifies preceding words receives possesses transports obviously draftsman congress knew use commas phrase modification give effect meaning attendant upon use specific finding app clearly demonstrates congress attempting reach prohibit every possession firearm felon congress found possession whether interstate intrastate affected interstate commerce congress conclude intrastate possession matter less concern interstate possession finding unnecessary congress also required proof receipt possession firearm affected interstate foreign commerce senator long explanatory comments reveal clearly purpose intent extent legislation prepared amendment offer appropriate time simply setting forth fact anybody convicted felony permitted possess firearm might well analyze moment logic involved man convicted felony unless bill sets forth expressly pardoned president pardon person permitted possess firearms future man right possess firearms punished criminally found possession cong rec emphasis supplied congress simply finds possession weapons wrong kind people either burden commerce threat affects free flow commerce business area certainly much well like order business go street burglars murderers arsonists armed teeth innocent citizens threat certainly affects free flow commerce cong rec emphasis supplied amendment seeks make unlawful firearm handgun machinegun rifle kind firearm possession convicted felon pardoned therefore lost right possess firearms also relates transportation firearms clauses describe persons actions demonstrated dangerous may become dangerous stated simply may trusted possess firearm without becoming threat society title apply hand guns long guns murderers shown violent tendencies committed crime infamous permitted possess gun yet federal law deny possession undesirables killer medgar evers murderer three civil rights workers mississippi defendants shot captain lemuel penn highway driving back washington completion reserve military duty free present federal law acquire another gun repeat sorts crimes future title vii every citizen possess gun commission first felony upon conviction however title vii deny every assassin murderer thief burglar right possess firearm future except pardoned president state governor expressly authorized pardon possess firearm said congress lacks power outlaw mere possession weapons important point legislation demonstrates possession deadly weapon wrong people controlled congress without regard police power resides constitution without question federal government power control possession weapons possession become threat interstate commerce state gun control laws exist proven inadequate bar possession firearms likely use unlawful purposes title vii impinge upon rights citizens generally possess firearms legitimate lawful purposes deals solely demonstrated trusted possess firearm whose prior acts mostly voluntary placed outside society convinced enough constitutional power prohibit categories people possessing receiving transporting firearm amendment provide convicted felon participates one marches carrying firearm violating law cong rec emphasis supplied construction limiting application interstate possession receipt shrinks statute something little duplication ascribe congress gesture nonaccomplishment thus conclude intended reach possessions receipts firearms convicted felons move decide constitutional issue present case unappealed district decisions conflict upholding government position include davis supp nd miss vicary cr ed june en banc childress ed boggs june opposed include harbin supp nd ind steed cr wd may phelps cr md francis cr ed pet cert congressional findings declaration congress hereby finds declares receipt possession transportation firearm felons constitutes burden commerce threat affecting free flow commerce