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F.J. VOLLMER CO., INC. v. HIGGINS

No. 92-5365.

23 F.3d 448 (1994)

F.J. VOLLMER COMPANY, INC., Appellant, v. Stephen E. HIGGINS, Director, Bureau of Alcohol, Tobacco and Firearms, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1994.

Attorney(s) appearing for the Case

Stephen P. Halbrook, argued the cause and filed the briefs for appellant.

Fred E. Haynes, Asst. U.S. Atty., argued the cause for appellee. With him on the brief were Eric H. Holder, Jr., U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys.

Before: EDWARDS, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

It is a federal criminal offense "to transfer or possess a machinegun," unless the person lawfully possessed the machinegun before May 19, 1986, or the weapon is transferred "to or by, or possess[ed] by or under the authority of, the United States or any department or agency thereof...." 18 U.S.C. § 922(o). The Secretary of the Treasury, through the Bureau of Alcohol...

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