Legal Opinion

United States v. TRW Rifle 7.62x51mm Caliber

Court of Appeals for the Ninth Circuit

Decided May 5, 2006No. 04-16049PublishedCited by 30 opinions

1Opinion of the Court

McKEOWN, Circuit Judge.

When is a rifle a maehinegun? This appeal asks whether the rifle seized by the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) from Mark Brown is a “machine-gun” within the meaning of the National Firearms Act, 26 U.S.C. § 5845(b). The definition of a maehinegun under § 5845(b) includes a weapon that “can be readily restored to shoot, automatically more than one shot ... by a single function of the trigger.” The classification is important because federal law requires registration of machineguns. 26 U.S.C. § 5841. Although the rifle was a modified M-14 ma-chinegun and…

2Cases cited18 opinions

  1. United States v. TurketteSupreme Court of the United States · 1981
  2. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  3. Robin Orr v. Bank of America, Nt & SaCourt of Appeals for the Ninth Circuit · 2002
  4. Smith v. United StatesSupreme Court of the United States · 1993
  5. Leocal v. AshcroftSupreme Court of the United States · 2004

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3Cited by30 opinions

  1. Michael Lutz v. Portfolio Recovery AssociatesCourt of Appeals for the Third Circuit · 2022
  2. Donald Johnson, Individually and on Behalf of All Others Similarly Situated v. James D. Aljian Kirk Kerkorian Tracinda CorporationCourt of Appeals for the Ninth Circuit · 2007
  3. R.J. Reynolds Tobacco Company v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2022
  4. Electro Source, LLC v. Brandess-Kalt-Aetna Group, Inc.Court of Appeals for the Ninth Circuit · 2006
  5. United States v. O'RourkeDistrict Court, D. Arizona · 2007

25 more not listed; retrieve them via the Exa API.

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