United States v. Thompson/Center Arms Co., 504 U.S. 505, 10 (1992)

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514

UNITED STATES v. THOMPSON/CENTER ARMS CO.

Opinion of Souter, J.

1968 to read that "[t]he term shall also include . . . any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person." 26 U. S. C. § 5845(b).7 In 1986, the definition of "silencer" was amended by the Firearms Owners' Protection Act to "includ[e] any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer . . . ." See 26 U. S. C. § 5845(a)(7); 18 U. S. C. § 921(a)(24).

Thompson/Center stresses the contrast between these references to "any combination of parts" and the silence about parts in the definition of rifle in arguing that no aggregation of parts can suffice to make the regulated rifle. This argument is subject to a number of answers, however. First, it sweeps so broadly as to conflict with the statutory definition of "make," applicable to all firearms, which implies that a firearm may be "made" even where not fully "put together." If this were all, of course, the conflict might well be resolved in Thompson/Center's favor. We do not, however, read the machinegun and silencer definitions as contrasting with the definition of rifle in such a way as to raise a conflict with the broad concept of "making."

The definition of "silencer" is now included in the NFA only by reference, see 26 U. S. C. § 5845(a)(7), whereas its text appears only at 18 U. S. C. § 921(a)(24), in a statute that itself contains no definition of "make." Prior to 1986 the definition of "firearm" in the NFA included "a muffler or a silencer for any firearm whether or not such firearm is included within this definition." 26 U. S. C. § 5845(a)(7) (1982 ed.). Two Courts of Appeals held this language to include

7 At the same time, the definition of "destructive device" was amended to include "any combination of parts either designed or intended for use in converting any device into a destructive device . . . and from which a destructive device may readily be assembled." 26 U. S. C. § 5845(f). This appears to envision by its terms only combinations of parts for converting something into a destructive device.

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