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LUNDE ARMS CORP. v. STANFORD

Civ. No. 14038.

105 F.Supp. 486 (1952)

LUNDE ARMS CORP. et al. v. STANFORD.

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

June 11, 1952.

Attorney(s) appearing for the Case

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

Walter S. Binns, U. S. Atty., Clyde C. Downing, Chief of Civil Division, Asst. U. S. Atty., Max F. Deutz, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

BYRNE, District Judge.

Plaintiff manufactures a target pistol which combines the features of a "cap pistol" and a "BB gun". The defendant is the Postmaster of Alhambra, California, who has refused to accept the plaintiff's product for delivery through the United States mail. The reason for defendant's refusal is predicated on his conclusion that the target pistols are "firearms" within the meaning of 18 U.S.C.A. § 1715, which provides:

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