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449 F.2d 779

Docket No. 71-1309.

United States v. Buffaloe

Fourth Circuit Court of Appeals

Decided Oct. 12, 1971.

Fourth Circuit Court of Appeals · decided 1971-10-12

2 counsel of record

Key passage — most relied on by later courts

“We agree with the district judge that Buffaloe was adjudicated and committed within the meaning of 18 U.S.C. § 922 (d)(4), which prohibits the sale of firearms to a person who has been adjudicated a mental defective or who has been committed to any mental institution. We also conclude that the statute is not unconstitutional as to Buffaloe because 16 months later he was discharged from the hospital. 449 F.2d at 780 .”

quoted by 2 later decisions, including United States v. Jones, United States v. Waters

Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act)

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-10-12

How this case has been cited

Cited by 7 later decisions — most recently August 2025

3 federal appellate · 1 district · 1 state decisions

30197119801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*780Richard S. Miller, Lynchburg, Va. (Court-appointed) (J. Frank Shepherd, Lynchburg, Va., on the brief), for appellant.

¶2Leigh B. Hanes, Jr., U. S. Atty. for Western District of Virginia, and James G. Welsh, Asst. U. S. Atty., for appellee.

¶3Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

¶4PER CURIAM:

¶5Clarence Carfield Daniel Buffaloe appeals his conviction for violation of 18 U.S.C. § 922 by making a false statement in connection with the purchase of firearms. Buffaloe, on two occasions, purchased pistols stating that he had never been adjudicated a mental defective or committed to a mental institution.

¶6The government’s proof established that Buffaloe had been tried in the Circuit Court of Dinwiddie County, Virginia, for maiming, found not guilty by reason of insanity, and “committed to Central State Hospital as a criminally insane person.” Approximately 16 months later, he was discharged from the hospital as not then insane or feeble-minded.

¶7We agree with the district judge that Buffaloe was adjudicated and committed within the meaning of 18 U.S.C. § 922(d) (4), which prohibits the sale of firearms to a person who “has been adjudicated a mental defective or has been committed to any mental institution.”

¶8 We also conclude that the statute is not unconstitutional as to Buffaloe because 16 months later he was discharged from the hospital. Finally, there is ample evidence to support the finding that Buffaloe willfully and knowingly made the false statements.

¶9Deeming oral argument unnecessary, we affirm the judgment of the district court.

¶10Affirmed.

/449/f2d/779 · .json · Public domain