United States v. Frank Fredman

Frank Fredman appeals his conviction for possession of unregistered firearms in violation of 26 U.S.C. § 5861 (d). Fredman claims a “protective sweep” of his home violated his Fourth Amendment rights and was not justified by exigent circumstances. Fredman also claims that component parts of a commercial explosive found at his residence fail to constitute “firearms” under 26 U.S.C. § 5861 (d). We reverse the conviction without addressing Fredman’s Fourth Amendment claim.

On issuance of a proper search warrant, the police searched Fredman’s residence for firearms. The police recovered two bundles of commercial detonator cord, three commercial detonator fuses, and two commercial igniters located in an open safe. These components of a commercial explosive were not registered with the National Firearms Registration and Transfer Record. These components form the basis of Fredman’s indictment for possession of unregistered “firearms.”

Fredman entered a not guilty plea. His trial resulted in a conviction for possession of unregistered “firearms” in violation of 26 U.S.C. § 5861 (d). Fredman was sentenced to one year and six months imprisonment.

I

We have jurisdiction pursuant to 28…