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U.S. v. THIRTEEN (13) MACH. GUNS & ONE (1) SILENCER

No. CA 81-5923.

689 F.2d 861 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. THIRTEEN (13) MACHINE GUNS AND ONE (1) SILENCER, and J. Curtis Earl, Real party in interest, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1982.

Attorney(s) appearing for the Case

Murray Miller, Phoenix, Ariz., for defendants-appellants.

David B. Smith, Washington, D. C., for plaintiff-appellee.

Before FARRIS and CANBY, Circuit Judges, and CURTIS, District Judge.

CANBY, Circuit Judge:

On March 19, 1979, the government filed this in rem action, seeking the forfeiture of thirteen machine guns and one silencer it had seized in June 1977. The firearms allegedly had been involved in multiple violations of federal gun control and revenue laws. 26 U.S.C. § 5861(a), (b), (e), 18 U.S.C. §§ 922(a)(1), (3), (6), & 924(a). Appellant Earl, the owner of the firearms, filed a claim for them. On cross-motions for summary...

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