In the United States v. Bass case of 1971, the Supreme Court was tasked with interpreting a federal law that made it illegal for convicted felons to receive, possess or transport "in commerce or affecting commerce... any firearm." The defendant, Bass, had been previously convicted and was found in possession of firearms but there wasn't clear evidence showing his possession affected interstate commerce. The government argued that mere possession by a felon automatically affects commerce. However, the Supreme Court disagreed and ruled in favor of Bass stating that unless Congress clearly states its intention to make an activity punishable under federal law regardless of its impact on interstate commerce (which it hadn’t done here), courts should not interpret laws as doing so. Therefore, they concluded that proof is required to show a connection between firearm possession by a felon and interstate commerce.

In the dissenting opinion for United States v. Bass, Justice Blackmun argued that the majority's interpretation of the Omnibus Crime Control and Safe Streets Act of 1968 was too narrow. He contended that Congress intended to regulate all felons in possession of firearms, not just those who received or transported them across state lines as suggested by the majority ruling. According to him, this broader interpretation would better serve public safety and align with congressional intent to curb crime through stringent firearm regulation. He also criticized the majority's reliance on legislative history instead of clear statutory language in their decision-making process.