United States Ninth Circuit

Summary judgment in favor of the government in a forfeiture action involving the government's seizure of claimant's rifle is affirmed where the rifle at issue could be "readily restored" to shoot automatically within the plain and unambiguous meaning of 26 U.S.C. section 5845(b) and thus was a "machinegun" under the statute.

Appellate Information

• Argued 02/15/2006
• Decided 05/05/2006
• Published 05/05/2006

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard E. Gardiner, Fairfax, VA, for the appellant.


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