United States v. Lee Allen Novick

Appellant waived a jury trial and was convicted for possession of an unregistered machine gun, in violation of 26 U. S.C. §§ 5812 and 5861(d). We affirm.

FACTS

Appellant met Mr. and Mrs. Cole Carter in January, 1969, at which time they invited him to be a guest in the spare bedroom of their Richmond, California home. At the time, appellant indicated that he was a collector of firearms and was preparing to return to his home on the East Coast. While he was on a trip to San Francisco, Mrs. Carter attempted to commit suicide. After Mr. Carter called an ambulance, the Richmond police arrived and were admitted to the home by him. The officers inquired as to weapons that Mrs. Carter might use in another suicide attempt and were told by Carter that appellant, their guest, had a rifle and that it might be in the room he occupied. The officers, with Carter’s express consent, entered the room, and immediately observed a bandolier of ammunition, an olive drab rifle clip pouch and a rifle case, in which appeared to be a gun. One of the officers then opened the gun case, removed a gun and discovered that it was an Army M-2 rifle, equipped with a selector switch which made it capable of…