United States v. Three Winchester 30-30 Caliber Lever Action Carbines, Etc., and Edgar Allen Tucker, Intervening

SPRECHER, Circuit Judge.

The United States brought this action in accordance with 26 U.S.C. § 7401 1 seeking to have three Winchester rifles condemned and forfeited pursuant to the provisions of 18 U.S.C. § 924(d). 2 As a basis for this forfeiture action the government relies on a violation of 18 U.S. C. App. § 1202(a)(1), which makes it illegal for a convicted felon to possess any firearm. 3 Jurisdiction is based on 28 U.S.C. § 1345. 4

I

The essential facts of this case were established by stipulation. The defendant is the same individual who had been convicted of a felony in municipal court in…