Can a federal firearms licensee be considered a government official for purposes of the defense of entrapment by estoppel?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lopez, 142 F.3d 446 (9th Cir. 1998):

In United States v. Tallmadge, 829 F.2d 767 (9th Cir.1987), we held that a federal firearms licensee may be considered a government official for purposes of the defense of entrapment by estoppel. Tallmadge was convicted of a felony offense that had been reduced to a misdemeanor. He truthfully informed the federal firearms licensee who sold him the weapon "of all the relevant historical facts" concerning his conviction and sentence. Id. at 774. Tallmadge relied on the representation of that federal firearms licensee that his purchase and possession of a firearm was lawful. See id.

Other Questions


Is a convicted felon entitled to the defense of entrapment by estoppel if he relies on a representation of a federal firearms licensee? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Is there any evidence that a defendant was entrapped by the federal government as a result of sentencing entrapment? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a narcotics crime offense for the purposes of a conspiracy to manufacture and supply a firearm for the purpose of carrying out the crime? (MultiRegion, United States of America)
What is the government's argument in support of its contention that the federal government does not have the authority to compel pretrial disclosure of the identity of government witnesses? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the legal test for an entrapment defense where a defendant has been entrapped by a paid government informant? (MultiRegion, United States of America)
Does a federal district court's finding that the federal government engaged in sentencing entrapment in the context of a drug case have any relevance? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.