United States v. Salamone - 800 F.2d 1216 (3d Cir. 1986)

Rule:

Absent the requisite nexus, that the challenged affiliation will prevent or substantially impair a juror's impartiality, no juror may be excluded for cause on the basis of his or her membership in an organization that adheres to a particular view. 

Facts:

Salvatore Salamone was tried before a jury in the United States District Court for the Middle District of Pennsylvania on various firearms charges alleging the possession of and failure to register an illegally made machine gun, and conspiracy to falsify, and falsification of, firearms transaction records through the use of fictitious names for the purchase of handguns. Prior to trial, during voir dire, the district court excused for cause one potential juror and five potential alternates solely on the basis of their affiliation with the National Rifle Association ("NRA"). Of the jurors selected, ten had firearms in their homes. Of the six alternates selected, five had firearms in their homes. Two of the alternates ultimately served on the jury. Salamone was convicted on six of the seven counts with which he was charged. He was sentenced to a total of twenty years imprisonment and $35,000 in fines. This appeal followed.

Issue:

May potential jurors in an action involving charges brought under the gun control statutes be dismissed for cause solely due to their affiliation with the National Rifle Association?

Answer:

No.

Conclusion:

The court held that Salamone was denied a fair cross-section of society in Salamone’s jury. The court held that the per se exclusion of potential jury members that had a connection with the Nation Rifle Association (NRA) was unconstitutional. The court held that the shared attitude of the NRA was insufficient to qualify it as a distinctive group in society for purposes of jury exclusion. The court held that the NRA members were not questioned by the trial court to determine their individual opinions or bias and ability to try Salamone’s case.