United States v. One Assortment of Seven Firearms

JAMES C. HILL, Circuit Judge:

The government appeals from a district court’s refusal to order a forfeiture of the defendant firearms under 18 U.S.C. § 924(d) (1976). We agree with the government and accordingly, reverse and remand the case.

I

In January 1977, Rafael A. Martinez, a special agent with the U. S. Treasury Department’s Bureau of Alcohol, Tobacco and Firearms, entered the Hialeah Range and Gun Shop, Inc, in Hialeah, Florida, to purchase firearms. A salesman in the shop, Joe Rafael DePrado, knew from a prior transaction that Martinez was not a Florida resident. 1 Martinez informed…