Question: Under 2 6 U . S . C . $ 5 8 6 1 ( d ) it is a crime to possess certain kinds
Under USC $ d it is a crime to possess certain kinds of "unregistered" firearms, such as sawedoff shotguns or machine guns. The term includes "destructive devices," such as grenades or "flash bang" devices. The crime is thus being in possession of a covered firearm without registering that possession with the appropriate federal agency. In United States v Berres, Fd th Cir. the defendant was convicted under this statute of carrying a flash bang device in his back pack. On appeal the defendant contended he could not be convicted for failure to register the device, because the registration statute did not permit him to register the device. Is that a good argument?
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