United States v. Ursery, 518 U.S. 267, 11 (1996)

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Cite as: 518 U. S. 267 (1996)

Opinion of the Court

United States v. One Assortment of 89 Firearms, 465 U. S. 354 (1984), the owner of the defendant weapons was acquitted of charges of dealing firearms without a license. The Government then brought a forfeiture action against the firearms under 18 U. S. C. § 924(d), alleging that they were used or were intended to be used in violation of federal law.

In another unanimous decision, we held that the forfeiture was not barred by the prior criminal proceeding. We began our analysis by stating the rule for our decision:

"Unless the forfeiture sanction was intended as punishment, so that the proceeding is essentially criminal in character, the Double Jeopardy Clause is not applicable. The question, then, is whether a § 924(d) forfeiture proceeding is intended to be, or by its nature necessarily is, criminal and punitive, or civil and remedial." 89 Firearms, supra, at 362 (citations omitted).

Our inquiry proceeded in two stages. In the first stage, we looked to Congress' intent, and concluded that "Congress designed forfeiture under § 924(d) as a remedial civil sanction." 465 U. S., at 363. This conclusion was based upon several findings. First, noting that the forfeiture proceeding was in rem, we found it significant that "[a]ctions in rem have traditionally been viewed as civil proceedings, with jurisdiction dependent upon seizure of a physical object." Ibid., citing Calero-Toledo v. Pearson Yacht Leasing Co., 416 U. S., at 684. Second, we found that the forfeiture provision, because it reached both weapons used in violation of federal law and those "intended to be used" in such a manner, reached a broader range of conduct than its criminal analog. Third, we concluded that the civil forfeiture "further[ed] broad remedial aims," including both "discouraging unregulated commerce in firearms" and "removing from circulation firearms that have been used or intended for use outside regulated channels of commerce." 89 Firearms, supra, at 364.

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