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WHEN IS A GUN A GUN? (AND WHEN ISN’T A GUN A GUN?)

Craig Mastantuono April 5, 2013

The US Circuit Court of Appeals for the Seventh Circuit (Chicago) issued an entertaining decision earlier this week, ultimately upholding conviction for Felon in Possession of a Firearm of a man who possessed a handgun that, by all accounts, was no longer operable due to disrepair. Judge Richard Posner offered a conversational opinion offering many examples of when a gun is redesigned to not be a gun any longer, including the following example:

gun on a gun standBut, Judge Posner writes, simple neglect or inadvertent disrepair does not result in a "redesign" of the firearm sufficient to change it to a non-gun. While the decision does not, in our opinion, narrow or limit the second amendment individual right to bear firearms, it is worth a read. See the full opinion here: 7th Circuit Firearm Case.