United States v. Fred Douglas Coston

U.S. Court of Appeals for the Fourth Circuit
United States v. Fred Douglas Coston, 469 F.2d 1153 (4th Cir. 1972)
1972 U.S. App. LEXIS 6405

United States v. Fred Douglas Coston

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.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Fred Douglas COSTON, Appellant
Cited By
4 cases
Status
Published