District Court, S.D. California September 5, 1952, No. 14038 (Lunde Arms Corp. v. Stanford)

BYRNE, District Judge.

The plaintiff manufactures, sells and ships by United States mail novelty pistols which combine the features of a “cap pistol” and a “BB gun”. The defendant is the Postmaster of Alhambra, California, and he has refused to accept the plaintiff’s product for delivery through the United States mails on the ground that the pistols are firearms within the meaning of 18 U.S. C.A.