United States of America, Craig A. Thomasian, Claimant-Appellant v. One Sentinel Arms Striker-12 Shotgun Serial No. 001725, in Rem

This is a civil in rem forfeiture action in which the United States sought to forfeit defendant propex-ty, a Sentinel Arms Striker-12 shotgun, serial no. 001725 (“Striker-12 shotgun”), on the basis that the Striker-12 shotgun is a “destructive device” possessed in violation of the National Firearms Act (“NFA”). 26 U.S.C. §§ 5861(d), 5872. The claimant, Craig Thomasian, filed a claim of interest and then moved to dismiss the complaint for failure to state a claim, arguing that the Bureau of Alcohol, Tobacco and Firearms (“ATF”) can not properly classify the Striker-12 shotgun as a “destructive device” pursuant to 26 U.S.C. § 5845 (f)(2), and that Congress unconstitutionally delegated legislative authority to ATF. The district court found that the United States had properly stated a claim for forfeiture and denied Thomasian’s motion to dismiss. On May 17, 2004, the district court entered a final judgment of forfeiture against defendant. Thomasian timely appealed. We find Thomasian’s arguments without merit, and affirm the decision below.

Discussion

Questions of statutory interpretation are reviewed de novo. United States v. Cabaccang, 332 F.3d 622, 624-25 (9th Cir.2003) (en banc).…