LUNDE ARMS CORP. v. STANFORD

No. 14038.

107 F.Supp. 450 (1952)

LUNDE ARMS CORP. v. STANFORD

United States District Court S.D. California, Central Division.

September 5, 1952.


Attorney(s) appearing for the Case

Dunlap, Holmes, Ross & Woodson, Pasadena, Cal., for plaintiff.

Walter S. Binns, U. S. Atty., Clyde C. Downing, Max F. Deutz, Asst. U. S. Attys., Los Angeles, Cal., for defendant.


BYRNE, District Judge.

The plaintiff manufactures, sells and ships by United States mail novelty pistols which combine the features of a "cap pistol" and a "BB gun". The defendant is the Postmaster of Alhambra, California, and he has refused to accept the plaintiff's product for delivery through the United States mails on the ground that the pistols are firearms within the meaning of 18 U.S. C.A. § 1715, which provides:

"Pistols, revolvers, and other...

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