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United States v. 27 Firearms

United States District Court, D. Montana, Missoula Division

May 3, 2017

UNITED STATES, Plaintiff,
v.
27 FIREARMS, Defendants.

          FINDINGS OF FACT CONCLUSIONS OF LAW, DEFAULT JUDGMENT AND ORDER OF FORFEITURE

          Donald W. Molly, United States District Judge

         I

         This matter is brought before this Court by plaintiff, United States, by and through its counsel, Victoria L. Francis, Assistant U.S. Attorney. The United States has filed a motion for entry of default judgment and order of forfeiture pursuant to Fed.R.Civ.P. 55(b)(2). Upon considering the pleadings filed in this action, the Court makes the following Findings of Fact and Conclusions of Law.

         FINDINGS OF FACT

         1. On July 25, 2016, the United States instituted a judicial forfeiture action by filing a Verified Complaint for Forfeiture in Rem against 27 firearms and assorted ammunition (defendant property). (Doc. 1). The forfeiture action was filed pursuant to 18 U.S.C. § 924(d) and 21 U.S.C. § 88l(a)(l 1) for violations of 18 U.S.C. § 922(g)(8) and (j) and 21 U.S.C. § 841, et seq., for possessing firearms when subject to a permanent restraining and protective order, for possessing stolen firearms and bartering and selling stolen firearms, and for using the defendant firearms and ammunition during and in relation to crimes of violence or drug trafficking as set forth in 18 U.S.C. § 924(c) and (d). (Doc. 1, para. 1).

         2. The defendant property is more particularly described in the verified complaint (doc. 1, para. 2) as follows:

• A-l. Remington, model M700, 25-06 bolt action rifle, serial number B6423192 with scope and sling;
• A-2. JC Higgins, model Ml 01.24, 410 bolt action rifle, serial number unknown;
• A-3. Ruger, model M77, 30-06, bolt action rifle, serial number 71-34927 with scope and sling;
• A-4. Ruger, model Mini 14, .223 bolt action rifle, serial number 184-73444 in soft case with one mag and 150 rounds of assorted lose .223 ammunition;
• A-5. Defiance, model Zl 5, multi-caliber semi-automatic rifle, serial number ZO44 in case with three magazines loaded with assorted ammunition;
• A-6. Winchester, model 70, .300 Win Mag bolt action rifle, serial number Gl37568 in a case;
• A-7. Winchester, model 94AE 30-30 lever action rifle, serial number 6406621 in a case;
• A-8. Riverside Arms, model unknown l2ga, double barrel break action shotgun, SN: 44949;
• A-9. Stevens, model unknown, .22 pump action rifle, serial number 685;
• A-10. Ithaca, model unknown, l2ga, double barrel break action shotgun, SN: 80296;
• A-ll. Norinco, model Mac 90 Sporter, .762x39 semi-automatic rifle, serial number 94106699 with case ...

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