United States v. One Trw, Model M14, 7.62 Caliber Rifle, Serial Number 1488973 From William K. Alverson, William K. Alverson, Claimant-Appellant
Court of Appeals for the Sixth Circuit
1DissentGriffin, Circuit Judge
I respectfully dissent. I would hold that the MKS-M14A is not a “machinegun,” as defined by 26 U.S.C. § 5845(b), because it cannot “be readily restored to shoot, automatically.” Accordingly, I would reverse and remand for further proceedings.
I
We review de novo the district court’s grant of summary judgment. Holloway v. Brush, 220 F.3d 767, 772 (6th Cir.2000).1 Summary judgment is warranted when there is no genuine issue of material fact *426and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Of course, it is well-established that a motion for summary judgment…
2Cases cited24 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Caminetti v. United StatesSupreme Court of the United States · 1917
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