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Bolatete: Upholding Conviction for Possessing Unregistered Silencer Over Constitutional Challenges

By Tim Cone

 In United States v. Bolatete, No. 18-14184 (Sept. 29, 2020) (Ed Carnes, Branch, Luck), the Court affirmed the defendant?s conviction and sentence for possessing an unregistered silencer.  First, the Court held that the National Firearms Act was constitutional under Congress? taxing power.  It explained the binding circuit precedent foreclosed the defendant?s contrary arguments.  Second, applying plain error review, the Court rejected the defendant?s argument that the Act imposes an unconstitutional tax because it imposes impermissible fees on the exercise of Second Amendment rights.  There was no decision addressing that argument, so any error was not plain.  For the same reason, the Court also found no plain error as to the defendant?s argument that the Act?s application to silencers violates the Second Amendment...continue to full post

Full post as published by Defense Newsletter Blog on September 29, 2020 (boomark / email).