*1066 (2) The rifle was manufactured by Colt Manufacturing between 19.
#COLT SP1 SERIAL NUMBERS REGISTRATION#
In addition, the parties stipulated to the following facts: (1) The rifle is not registered in the National Firearms Registration and Transfer Record for either Michael Saccomanno or Melvin Saccomanno. § 921(a) (3), and that the weapon has a barrel of less than sixteen inches and is, therefore, also a "firearm" as defined in 26 U.S.C. Hourde, it was determined that the firearm was not manufactured in the state of Tennessee, that the rifle is a "firearm" as defined in 18 U.S.C. After inspection by ATF Firearms Enforcement Officer Alfred V. On December 13, 2002, the Department of the Treasury, Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"), took possession of the defendant firearm from the Savannah Police Department. The search also revealed an open container of beer, drug paraphernalia, and driver's licenses with various names. The rifle was seized by Officer Thompson and is the subject of this forfeiture proceeding.
#COLT SP1 SERIAL NUMBERS SERIAL NUMBER#
A subsequent search of the vehicle also revealed a Colt model AR-15, 9mm carbine rifle, serial number TA03524. Upon inspection of the vehicle, Officer Thompson claims to have observed in plain view the handle of a large Bowie knife. Officer Thompson believed that Saccomanno was intoxicated or under the influence of drugs. The vehicle was in the possession of Michael Saccomanno, the son of Claimant. On November 16, 2002, Kenneth Thompson of the Savannah, Tennessee, Police Department responded to a call that a vehicle was stuck in a ditch on a city street. The following facts are undisputed unless otherwise noted. Consequently, Claimant's motion for summary judgment is DENIED. For the following reasons, Plaintiffs motion for summary judgment is GRANTED. Claimant filed a response to Plaintiffs motion. Plaintiff responded and files its own motion for summary judgment, arguing that: (1) Claimant lacks standing to contest the forfeiture of defendant firearm, and (2) the defendant firearm is subject to forfeiture. Claimant, Melvin Saccomanno, seeks summary judgment, claiming that: (1) the NFA does not apply to the defendant rifle, (2) the rifle is not subject to the payment of a tax under the NFA, and (3) the rifle is not required to be registered under the NFA. § 5872(a), on the basis that there had been a knowing violation of the National Firearms Act of 1934 ("NFA"), 26 U.S.C. This action was brought by Plaintiff, United States, for forfeiture of one Colt AR-15 firearm, serial number TA035524, pursuant to 26 U.S.C. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND FORFEITURE AND DENYING CLAIMANT'S MOTION FOR SUMMARY JUDGMENT Krelstein, Germantown, TN, for Defendant. Attorney's Office, Memphis, TN, for Plaintiff. ONE (1) COLT AR-15 FIREARM SERIAL NUMBER TA03524 Defendant.