506
Opinion of Souter, J.
(b) However, application of the ordinary rules of statutory construction shows that the Act is ambiguous as to whether, given the fact that the Contender can be converted into either an NFA-regulated firearm or an unregulated rifle, the mere possibility of its use with the kit to assemble the former renders their combined packaging "making." Pp. 512-517. (c) The statutory ambiguity is properly resolved by applying the rule of lenity in respondent's favor. See, e. g., Crandon v. United States, 494 U. S. 152, 168. Although it is a tax statute that is here construed in a civil setting, the NFA has criminal applications that carry no additional requirement of willfulness. Making a firearm without approval may be subject to criminal sanction, as is possession of, or failure to pay the tax on, an unregistered firearm. Pp. 517-518.
Justice Scalia, joined by Justice Thomas, agreed that the rule of lenity prevents respondent's pistol and conversion kit from being covered by the NFA, but on the basis of different ambiguities: whether a firearm includes unassembled parts, and whether the requisite "inten[t] to be fired from the shoulder" existed as to the short-barrel component. Pp. 519-523.
Souter, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and O'Connor, J., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 519. White, J., filed a dissenting opinion, in which Blackmun, Stevens, and Kennedy, JJ., joined, post, p. 523. Stevens, J., filed a dissenting opinion, post, p. 525.
James A. Feldman argued the cause for the United States. On the briefs were Solicitor General Starr, Assistant Attorney General Peterson, Deputy Solicitor General Wallace, Kent L. Jones, Gilbert S. Rothenberg, and Steven W. Parks.
Stephen P. Halbrook argued the cause and filed a brief for respondent.*
Justice Souter announced the judgment of the Court and delivered an opinion, in which The Chief Justice and Justice O'Connor join.
Section 5821 of the National Firearms Act (NFA or Act), see 26 U. S. C. § 5849, levies a tax of $200 per unit upon any-*Richard E. Gardiner filed a brief for Senator Larry E. Craig et al. as amici curiae urging affirmance.
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