Question: Under 2 6 U . S . C . $ 5 8 6 1 ( d ) it is a crime to possess certain kinds

Under 26 U.S.C. $ 5861(d) it is a crime to possess certain kinds of "unregistered" firearms, such as sawed-off 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, 777 F.3d 1083(10th Cir. 2015) 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 de-vice, because the registration statute did not permit him to register the device. Is that a good argument?

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