United States v. One Assortment of 89 Firearms, National Rifle Association of America, Amicus Curiae

HARRISON L. WINTER, Chief Judge,

with whom BUTZNER, DONALD RUSSELL and MURNAGHAN, Circuit Judges, join, dissenting:

We respectfully dissent for the reasons set forth in the dissent to the panel opinion, United States v. One Assortment of 89 Firearms, 669 F.2d 206, 210-13 (4 Cir. 1982), and the additional reasons which follow.

In oral argument before us, counsel for Mulcahey conceded that he asserted entrapment as a defense in his trial for violation of 18 U.S.C. § 922(a)(1), and that defense *919was submitted to the jury. Of course, in returning a verdict of not guilty, the jury did not specify the…