17 Cited authorities

Franks v. Delaware
438 U.S. 154 (1978) Cited 11,225 times 33 Legal Analyses
Holding that "the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing" if he makes the required preliminary showing
United States v. Freed
401 U.S. 601 (1971) Cited 519 times
Holding that a violation of § 5861(d) may be established without proof that the defendant was aware of the fact that the firearm he possessed was unregistered
U.S. v. Fernandez
388 F.3d 1199 (9th Cir. 2004) Cited 473 times 1 Legal Analyses
Holding that despite the presence of two warring factions, a single conspiracy existed, because the factions "still identified themselves as members" of the gang, "invoked the reputation and power of the group" when dealing with outsiders, "and expected the entire organization to endure beyond the ‘war’ "
U.S. v. Craighead
539 F.3d 1073 (9th Cir. 2008) Cited 333 times 1 Legal Analyses
Holding that suspect was in custody in part because officer blocked his exit
United States v. Miller
307 U.S. 174 (1939) Cited 423 times 1 Legal Analyses
Holding that short-barreled shotguns are unprotected under the Second Amendment
U.S. v. Davis
530 F.3d 1069 (9th Cir. 2008) Cited 99 times 1 Legal Analyses
Holding that reasonable concerns for officer safety may justify a frisk
U.S. v. Fincher
538 F.3d 868 (8th Cir. 2008) Cited 74 times
Holding that, after Heller, the defendant's possession of a machine gun and an unregistered sawed-off shotgun was not protected by the Second Amendment because those weapons were "not in common use by law-abiding citizens for lawful purposes and therefore [fell] within the category of dangerous and unusual weapons that the government can prohibit for individual use"
United States v. Kiser
716 F.2d 1268 (9th Cir. 1983) Cited 99 times
Holding that defendant was entitled to disclosure of informant but only because defendant had first made substantial preliminary showing of affiant's untruthfulness entitling defendant to a Franks hearing
U.S. v. Gilbert
286 F. App'x 383 (9th Cir. 2008) Cited 28 times
Holding that, under Heller, convicted felons do not have the right to possess firearms
U.S. v. Christie
570 F. Supp. 2d 657 (D.N.J. 2008) Cited 24 times 1 Legal Analyses
Finding pre-warrant detention of seven hours reasonable under the rationale of McArthur
Section 5845 - Definitions
26 U.S.C. § 5845 Cited 1,698 times 6 Legal Analyses
Defining "firearm," as used in § 5861(d), to include "a destructive device"

USA v. Call

17 Cited authorities

Holding that "the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing" if he makes the required preliminary showing

Holding that a violation of § 5861(d) may be established without proof that the defendant was aware of the fact that the firearm he possessed was unregistered

Holding that suspect was in custody in part because officer blocked his exit

Holding that short-barreled shotguns are unprotected under the Second Amendment

Holding that reasonable concerns for officer safety may justify a frisk

Holding that defendant was entitled to disclosure of informant but only because defendant had first made substantial preliminary showing of affiant's untruthfulness entitling defendant to a Franks hearing

Holding that, under Heller, convicted felons do not have the right to possess firearms

Finding pre-warrant detention of seven hours reasonable under the rationale of McArthur

Defining "firearm," as used in § 5861(d), to include "a destructive device"