Is a federal statute or regulation unconstitutionally vague?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ninety-Five Firearms, 28 F.3d 940 (9th Cir. 1993):
Whether a statute or regulation is unconstitutionally vague is a question of law reviewed de novo. United States v. Weitzenhoff, 1 F.3d 1523, 1533 (9th Cir.1993); United States v. Helmy, 951 F.2d 988, 993 (9th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 2287, 119 L.Ed.2d 211 (1992). To pass the vagueness test, statutes and regulations "must be sufficiently clear so that ordinary people can understand what conduct is being prohibited," and written in a manner that
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