UNITED STATES v. LAROCHE

No. 83-8442 Non-Argument Calendar.

723 F.2d 1541 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Lawrence LAROCHE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 30, 1984.


Attorney(s) appearing for the Case

John J. Sullivan, Savannah, Ga. (Court-appointed), for defendant-appellant.

Joseph D. Newman, Asst. U.S. Atty., Savannah, Ga., for plaintiff-appellee.

Before FAY, VANCE and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

The issue in this case is whether the statutory "antique weapons" exception of 18 U.S.C. § 921(a) of the Gun Control Act of 1968 establishes an affirmative defense or creates an additional element of the crime which imposes on the government the burden of initially disproving its applicability in order to establish the crime. We hold that the exception operates as an affirmative defense which must be raised by the defendant.

Appellant...

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