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U.S. v. TRW RIFLE 7.62×51mm CALIBER, ONE MODEL 14 SERIAL 593006

No. 04-16049.

447 F.3d 686 (2006)

UNITED STATES of America, Plaintiff-Appellee, Mark Travis Brown, Claimant-Appellant, v. TRW RIFLE 7.62×51MM CALIBER, ONE MODEL 14 SERIAL 593006, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2006.

Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, VA, for the appellant.

Paul K. Charlton, United States Attorney, Reese V. Bostwick and Robert L. Miskell, Assistant United States Attorneys, Tucson, AZ, for the appellee.

Before HUG, JR., ALARCÓN, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge.

When is a rifle a machinegun? This appeal asks whether the rifle seized by the Bureau of Alcohol, Tobacco, and Firearms ("ATF") from Mark Brown is a "machinegun" within the meaning of the National Firearms Act, 26 U.S.C. § 5845(b). The definition of a machinegun under § 5845(b) includes a weapon that "can be readily restored to shoot, automatically more than one shot . . . by a single function of the trigger." The classification is...

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