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Cops tell elderly lady to sell unregistered WWII assault rifle

skidmark

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http://www.necn.com/12/08/12/WW2-we...back/landing.html?blockID=811359&feedID=11106

.... The gun, developed in 1944, holds a 30-round magazine and can shoot 500 rounds per minute. Cavanna said every modern assault rifle produced today is based on this design.

As soon as officers saw this weapon, they knew its value.

"This is a gun that should actually be in a museum rather than in a shredder,” Crabtree said.

And that's why they will allow the owner to sell the gun. ....

So how do the cops figure how she can get around the GCA of '68? There was a period of time ('86) for folks to register their NFA firearms, and then later an "amnesty" period.

I cannot see how the cops can do anything but shred it. They can't keep it - not even if the lady wanted to "donate" it to them. There is no way she can sell it.

http://www.atf.gov/firearms/faq/national-firearms-act-machine-guns.html

under 27 CFR 479.105(d), a machinegun made or imported on or after May 19, 1986, may only be transferred to the U.S. Government (USG) or a law enforcement agency, or to a Federal firearms licensee for use as a USG or law enforcement sales sample.

http://www.thehighroad.org/archive/index.php/t-558082.html

http://thefiringline.com/forums/archive/index.php?t-210210.html

http://thefiringline.com/forums/archive/index.php?t-421602.html

and so on.

If she follows the cops' advice to try and sell the thing she will get busted for a felony, the person(s) who respond, let alone make a purchase offer, will get busted for a felony. The only ones* that will not get busted are the cops who told her she should try to sell it.

I am not happy.

stay safe.

* - yes, I did go there and do that. Wanna make something of it?
 

Citizen

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You know, fellas, this might be the ideal situation.

I dare the fedgov to prosecute her for possession, failure to register, or even sell it. She's elderly. The gun rights world would go...ahem...ballistic! The PR value would be incalculable.

Any private collector who purchased it would get cloaked at least partially in her mantle. Same for a museum.

Where's Alan Gura? This is a perfect case to begin attacking the unconstitutional automatic weapons registry. Kick that registry open to additional MGs and SMGs. Start with a court injunction against enforcement.
 

skidmark

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My "experts" tell me that the cops can take the thing and register it on a Form 10, but that is for 'government use' only. They do not see how the cops could transfer it to either a private collector (why am I laughing hysterically at that notion?) or a private museum (such as the NRA Museum). They cannot trade it to DHS for uber-tactical cop gear.

The best they can do is put it way in the back of the gun locker and haul it out for some citizen intimidation.

As for the old lady - if she merely found it on the street and picked it up and carried it to the cops to prevent a traffic accident that would be a violation of the '86 GCA requirement to register it. Eddie Eagle (Stop! Don't touch! Call a cop!) would be the only way to comply with the law.

stay safe.
 

Deanimator

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I dare the fedgov to prosecute her for possession, failure to register, or even sell it. She's elderly. The gun rights world would go...ahem...ballistic! The PR value would be incalculable.
That's EXACTLY what I'd expect the BATFE to do. In fact, I wouldn't at all be surprised if they found some way to kill her. And there isn't the SLIGHTEST possibility that under Eric Holder, the killers would face ANY negative consequences. If you don't believe me, ask Brian Terry. You know how to hold a seance, don't you?

From its very creation, the BATF(E) has been known for going after low hanging fruit that won't shoot back. An elderly woman who doesn't know Federal law (and even better, her rights) is the PERFECT target for them.
 

Citizen

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That's EXACTLY what I'd expect the BATFE to do. In fact, I wouldn't at all be surprised if they found some way to kill her. And there isn't the SLIGHTEST possibility that under Eric Holder, the killers would face ANY negative consequences. If you don't believe me, ask Brian Terry. You know how to hold a seance, don't you?

From its very creation, the BATF(E) has been known for going after low hanging fruit that won't shoot back. An elderly woman who doesn't know Federal law (and even better, her rights) is the PERFECT target for them.

Good point. A buncha deceased Branch Davidians might come to the seance, too.
 

skidmark

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How did this turn from a bunch of cops trying to do the right thing but only making matters worse into a BATFE-eieio bashing party?

stay safe.
 

OC for ME

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Point of order request. Is it a Forum Rule violation to bash the BATF&E as the term bash is classified by the owners of OCDO?

Incidentally, and the problem with bashing the BATF&E is?
 

Keylock

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Point of order request. Is it a Forum Rule violation to bash the BATF&E as the term bash is classified by the owners of OCDO?

Incidentally, and the problem with bashing the BATF&E is?

Since the Drafters of the Constitution left 'police powers' to the states, I'd say any bashing of fed.gov agencies would be acceptable as they are not the police. :)
 

Deanimator

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How did this turn from a bunch of cops trying to do the right thing but only making matters worse into a BATFE-eieio bashing party?

stay safe.
The idea that the BATFE wouldn't do something because it:
  • would make them look bad.
  • would be stupid.
  • would be CRUEL and UNJUST.

was raised.

NONE of the above has EVER deterred the BATFE from doing ANYTHING. Hell, something being blatantly UNLAWFUL has never stopped them from doing it. Hence their OFFICIAL TRAINING VIDEO on how to LIE UNDER OATH about the accuracy of the NFA record keeping system.
 

HighFlyingA380

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The idea that the BATFE wouldn't do something because it:
  • would make them look bad.
  • would be stupid.
  • would be CRUEL and UNJUST.

was raised.

NONE of the above has EVER deterred the BATFE from doing ANYTHING. Hell, something being blatantly UNLAWFUL has never stopped them from doing it. Hence their OFFICIAL TRAINING VIDEO on how to LIE UNDER OATH about the accuracy of the NFA record keeping system.
Do you have a link to that video? That would be interesting to see.
 

cloudcroft

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Yes, Citizen, Kudos. Maybe the cops didn't know the ATF laws that well -- I know I don't.

But remember, "it's the thought that counts." Besides, it's Christmas, for gosh sakes, so let the cops demonstrate their "it's better to give than receive" spirit. ;-)

At least THIS gun just might avoid the furnace, and that's a positive. No matter how it's accomplished.

Merry Christmas...
 

Citizen

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deleted -- double post (OCDO froze so I hit submit again)

That happens to me a lot--the freeze or slow down.

I also notice my recent history is just a long list of "double-click net"s in regard to pages on this forum. Anybody know what that's about?
 

Citizen

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Yes, Citizen, Kudos. Maybe the cops didn't know the ATF laws that well -- I know I don't.

But remember, "it's the thought that counts." Besides, it's Christmas, for gosh sakes, so let the cops demonstrate their "it's better to give than receive" spirit. ;-)

At least THIS gun just might avoid the furnace, and that's a positive. No matter how it's accomplished.

Merry Christmas...

OK. If you drop the "better to give than receive" angle while discussing a police department that was committing a gun buy-back, I'll quit (bleep)tching about kudos for telling her to sell it.
 

cloudcroft

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Citizen,

Save the guns, any way you can.

...for the children.

Especially for Christmas...

;-)


P.S. Yes, sometimes I see that Double-Click SPAM PIRATE ADVERTIZER listed in my Back Button and there are SO MANY of those links you can't back out to where you were...so I can only click on the Forum button (link) at the top of the page and start over.
 
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