In what circumstances will a defendant be found guilty of possession of a toy firearm?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jase, 97 F.3d 1462 (9th Cir. 1996):
In order to violate 18 U.S.C. 924(c)(1), the firearm used must be "designed ... or ... readily convert[ible] to expel a projectile by the action of an explosive." We have held that to be convicted under 924(c), the defendant must have used a real gun, and not a toy replica. United States v. Westerdahl, 945 F.2d 1083, 1088 (9th Cir.1991).
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