United States v. Fred Douglas Coston
UNITED STATES of America, Appellee, v. Fred Douglas COSTON, Appellant
Opinion
PER CURIAM:
Fred Douglas Coston appeals from his conviction, after a plea of guilty, of unlawful possession of a firearm in violation of the National Firearms Act, 26 U. S.C. § 5861. Coston contends that the weapon he possessed, a Blair Flare gun which he had loaded with a shotgun shell, was not a “firearm” within the meaning of the Act. The weapon, which had a length of 5% inches and a smooth bore, proved capable of being used as a shotgun when test-fired. These physical characteristics and firing capability made the weapon a firearm within the meaning of 26 U.S.C. § 5845 .
Cf.
United States v. Shafer, 445 F.2d 579, 583 (7th *1154 Cir.), cert. denied, 404 U.S. 986 , 92 S.Ct. 448 , 30 L.Ed.2d 370 (1971); United States v. Williams, 427 F.2d 1031, 1033 (9th Cir.), cert. denied, 400 U.S. 909 , 91 S.Ct. 154 , 27 L.Ed.2d 149 (1970).
Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(holding within the § 5845 definition of Blair flare gun which the defendant had loaded with a shotgun shell and which was shown by test-firing to be capable of being used as a shotgun)
Cited by 3 cases
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