I'm pretty darn sure that there was more than reasonable suspicion that the holder of this was a scumbag. The rules of engagement are VERY clear as to what our soldiers can do or not do.
I suppose the story is still "Need to Know" only? Always interesting to hear how folks came across these things (no details of time or place needed).
We once came by a BHP in a way that had me smacking my head against the wall, as it was rather accidentally confiscated from someone who wasn't causing any trouble.
Back in the early stages in Iraq, one of our platoons found a BHP on the driver of a vehicle, and the LCpl on the spot didn't know what to do. The Lt happened to be walking by, and decided it was best to clear the pistol, give it back to the driver, and pantomime to him not to reload it until he got through the checkpoint.
Problem was, said Lt only knew the M9 (Beretta 92) and couldn't figure out how to clear an SA pistol (probably left the safety on). He told me later that while he was fiddling with it, the driver became very agitated and just pantomimed "Keep the dang thing and let me go!" They let him roll off and brought the pistol back to HQ: no receipt, no name, no way to get it back to the owner. Pretty big misunderstanding all around.
In areas I worked in, I tried to encourage the juniour Marines "if he's not worth bringing in, his gun's not worth bringing in." But we'd still get plenty of cases where a Marine would confiscate a shotgun from a shepherd and give a receipt, shepherd goes right to the shaykh and files a complaint, and the very next meeting we have with the tribe, the shaykh brings in a list of names of folks who need their guns back, and that he vouches are good-to-go. Very odd business all around.
I would say that I'm glad we don't have these problems here Stateside, but I guess since last fall things have changed a bit.
-MV