United States v. Victor H. Wilkening

Victor H. Wilkening was found guilty by a jury of violating 18 U.S.C. §§ 922(a)(1) 1 and 924(a) 2 in that he en gaged in the business of dealing in firearms without a license in contravention of the Gun Control Act of 1968. The trial court placed him on probation. He brings this appeal.

Appellant-Wilkening does not deny unlicensed gun transactions between himself and special agents of the Bureau of Alcohol, Tobacco and Firearms. On appeal, however, he asserts that he was not “engaged in the business of dealing in firearms” and thus his conviction under 18 U.S.C. § 922(a)(1) was improper. In…