(11) At the time of its seizure, the barrel on the rifle had both sections screwed together and in that condition, the overall length of the barrel was over 16" in length.Īfter the firearm was seized and delivered to the ATF, Claimant filed a claim with the administrative agency claiming an interest in the rifle. (10) The claimant purchased the rifle, as new in the box, from a licensed firearms dealer in Salt Lake City, Utah between 19. (9) At the time of manufacture, Colt did not pay a manufacturing tax imposed on manufactured items subject to the NFA. (8) At the time of its sale by Colt, the rifle was not sold as a NFA firearm nor recorded in the National Firearms Registry of NFA firearms transferred pursuant to the NFA.
#COLT AR 15 9MM CARBINE REGISTRATION#
(7) At the time of manufacture, the rifle was not made by Colt as a rifle subject to the registration requirements of the National Firearms Act. When the two sections are screwed together, the length of the barrel is approximately 19.5". (6) As originally equipped by Colt, the barrel consists of two sections: (a) A section approximately 13.5" in length with threads at the muzzle end, (b) A section approximately 6" in length and threaded for attachment to the first section. (5) The rifle is chambered for the 9mm pistol cartridge. (4) There is no evidence that the claimant, except with respect to the addition of the laser sight, modified the rifle after buying it. (3) The rifle, with the exception of a laser sight, is in the original equipment configuration as manufactured by Colt. *1066 (2) The rifle was manufactured by Colt Manufacturing between 19. In addition, the parties stipulated to the following facts: (1) The rifle is not registered in the National Firearms Registration and Transfer Record for either Michael Saccomanno or Melvin Saccomanno.
§ 921(a) (3), and that the weapon has a barrel of less than sixteen inches and is, therefore, also a "firearm" as defined in 26 U.S.C. Hourde, it was determined that the firearm was not manufactured in the state of Tennessee, that the rifle is a "firearm" as defined in 18 U.S.C. After inspection by ATF Firearms Enforcement Officer Alfred V. On December 13, 2002, the Department of the Treasury, Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"), took possession of the defendant firearm from the Savannah Police Department. The search also revealed an open container of beer, drug paraphernalia, and driver's licenses with various names. The rifle was seized by Officer Thompson and is the subject of this forfeiture proceeding.
#COLT AR 15 9MM CARBINE SERIAL NUMBER#
A subsequent search of the vehicle also revealed a Colt model AR-15, 9mm carbine rifle, serial number TA03524. Upon inspection of the vehicle, Officer Thompson claims to have observed in plain view the handle of a large Bowie knife. Officer Thompson believed that Saccomanno was intoxicated or under the influence of drugs. The vehicle was in the possession of Michael Saccomanno, the son of Claimant. On November 16, 2002, Kenneth Thompson of the Savannah, Tennessee, Police Department responded to a call that a vehicle was stuck in a ditch on a city street. The following facts are undisputed unless otherwise noted. Consequently, Claimant's motion for summary judgment is DENIED. For the following reasons, Plaintiffs motion for summary judgment is GRANTED.
Claimant filed a response to Plaintiffs motion. Plaintiff responded and files its own motion for summary judgment, arguing that: (1) Claimant lacks standing to contest the forfeiture of defendant firearm, and (2) the defendant firearm is subject to forfeiture. Claimant, Melvin Saccomanno, seeks summary judgment, claiming that: (1) the NFA does not apply to the defendant rifle, (2) the rifle is not subject to the payment of a tax under the NFA, and (3) the rifle is not required to be registered under the NFA. § 5872(a), on the basis that there had been a knowing violation of the National Firearms Act of 1934 ("NFA"), 26 U.S.C. This action was brought by Plaintiff, United States, for forfeiture of one Colt AR-15 firearm, serial number TA035524, pursuant to 26 U.S.C. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND FORFEITURE AND DENYING CLAIMANT'S MOTION FOR SUMMARY JUDGMENT Krelstein, Germantown, TN, for Defendant. Attorney's Office, Memphis, TN, for Plaintiff. ONE (1) COLT AR-15 FIREARM SERIAL NUMBER TA03524 Defendant.