[6] At approximately 9:30 a.m. on July 26, 1984 Lamont Julius McLaughlin and a companion entered a bank in Baltimore, Maryland wearing stocking masks and gloves.

[8] McLaughlin appealed again to the Supreme Court of the United States, which granted certiorari on November 4, 1985.

[10] Writing for a unanimous court, Justice John Paul Stevens provided three reasons why an unloaded gun is a "dangerous weapon" under the federal bank robbery statute.

[8] First, Justice Stevens argued that "the law reasonably may presume that such an article is always dangerous even though it may not be armed at a particular time or place.

"[8] Second, he argued that "the display of a gun instills fear in the average citizen," even if it is not loaded, and "creates an immediate danger that a violent response will ensue.