The Unregistered Gun


D is charged with violating the National Firearms Act by possessing an unregistered firearm in violation of U.S.C.A. 5861(d). At trial the government offers the testimony of W, a special agent of the Alcohol, Tobacco, and Firearms Division of the Internal Revenue Service. Through W the government then seeks to introduce a document bearing a government seal and the signature of the assistant chief of the division's Operations-Coordination Section, stating that the assistant chief has custody of the National Firearms Registration and Transfer Record and that after a diligent search of said record she has found no evidence that the gun seized from D was registered. D objects on the grounds of Rules 901 to 902, the sixth amendment to the Constitution, and Rule 27 of the Federal Rules of Criminal Procedure.

What ruling and why?

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