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?



div1.gif (1531 bytes)
Home | Contents | Topical Index | Syllabi | Search | Contact Us | Professors' Pages
Cases | Problems | Rules | Statutes | Articles | Commentary