United States v. One 6.5 Mm. Mannlicher-Carcano Military Rifle - United States Court of Appeals for the Fifth Circuit

United States v. One 6.5 Mm. Mannlicher-Carcano Military Rifle

By United States Court of Appeals for the Fifth Circuit

  • Release Date: 1969-01-23
  • Genre: Law

Description

This action was commenced by the United States on September 10, 1965, by the filing of a libel of information against two weapons which had previously been owned by Lee Harvey Oswald. The Government alleged that the weapons had been forfeited to the United States by virtue of violations of the Federal Firearms Act. Appellant, on October 8, 1965, intervened by filing a "claim of owner" and sought "to defend accordingly." Thereafter, a stipulation of facts, expressly limited to the forfeiture proceeding and signed by counsel for the Government and appellant, was filed with the district court. That court held that there had been violations of the Federal Firearms Act and, accordingly, entered an order of forfeiture on February 24, 1966. United States v. One 6.5 mm. Mannlicher-Carcano Military Rifle, N.D.Texas 1966, 250 F. Supp. 410. On appeal, this Court reversed the district courts determination and held that the Government would have to acquire title to the weapons by condemnation. King v. United States, 5 Cir. 1966, 364 F.2d 235.

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