United States v. Anthony Lawrence Laroche
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
KRAVITCH, Circuit Judge:
The issue in this case • is whether the statutory “antique weapons” exception of 18 U.S.C. § 921(a) of the Gun Control Act of 1968 establishes an affirmative defense or creates an additional element of the crime which imposes on the government the burden of initially disproving its applicability in order to establish the crime. We hold that the exception operates as an affirmative defense which must be raised by the defendant.
Appellant, Anthony Lawrence Laroche, was convicted by a jury for violation of four counts of the Gun Control Act of 1968: knowingly making a…
2Cases cited7 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- United States v. Nelson BellCourt of Appeals for the Fifth Circuit · 1982
- Bell v. United StatesSupreme Court of the United States · 1983
- McKelvey v. United StatesSupreme Court of the United States · 1922
- United States v. Harold F. Mayo, Jr. And Mark A. McGarghanCourt of Appeals for the Second Circuit · 1983
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3Cited by28 opinions
- United States v. Augustin GonzalezCourt of Appeals for the Eleventh Circuit · 1996
- State v. RogersLouisiana Court of Appeal · 1986
- United States v. SpoerkeCourt of Appeals for the Eleventh Circuit · 2009
- United States v. Louis PirovolosCourt of Appeals for the Seventh Circuit · 1988
- United States v. BartelhoCourt of Appeals for the First Circuit · 1995
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