Just another day at work

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Jake 98c/11b

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Dec 28, 2002
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Central Va.
I had an interesting occurrence at work recently and since I am on the management staff of a shooting range we do have some very interesting days. On this day a very pleasant and personable lady came into the shop with her grandfathers gun. Her grandfather, a WWII combat veteran, had recently passed away and she found his gun among his belongings. She said that she had remembered seeing it around the house over the years and never gave it a second thought, she had assumed that it was simply a non-functional display piece. She brought it in to see if it was worth anything, none of the family had expressed any interest in it I suppose. As soon as she pulled it out of the case it was obviously a US issue M3 .45 ACP submachinegun. The wartime finish was a bit thin but it was in remarkably good shape with only a little bit of surface rust and that was easily removed. We stuffed ten rounds into the one magazine she had with the gun and took it onto the range to see if it functioned or if it had been rendered inoperable as a war trophy (there were few if any standards for deactivating war trophies at the wars end) and it functioned just as it was designed to all those years ago. We gave her the short version of the applicable gun laws and explained the artificial market value involving machineguns, that it is possible for four guns made on the same day, at the same plant, by the same worker could have four different values. One could be a transferable gun (can be transferred to any eligible individual) worth between $10,000 and $14,000, the second could be a pre 86 dealers sample (freely transferred among licensed dealers) and worth about $7,000, the third could be a post 86 dealers sample (transferred to licensed dealers only with a request from a government agency for demonstration) worth only about $400-1,000, the fourth could be contraband and worth only a prison sentence of ten years and a fine up to $250,000. Saying that she was not cut out for prison life we looked at other options.

She was somewhat bothered with the fact that her grandfather may have stolen the gun at the end of the war and I told her that it was not all that uncommon for commanders to turn a blind eye to these things. A soldier may have lived through years of war with only his weapon and his fellow soldiers to keep him safe, at wars end he returns to his home and separates from those whom he has come to rely on over the years and his only tangible link to his war years and the friends he made there is his weapon. Some soldiers come to rely on their weapon to the point that it becomes a very strong part of their lives, in some respect it is their life because they know that without it and those carried by other soldiers their life is forfeit. A weapon gives the soldier the ability to influence the fighting around him and even among soldiers who are never called to fire it in combat it is an item of comfort that allows them to continue in spite of the fear they may feel. It allows him to take solace in the fact that whatever may come, he has the means to take care of himself or at least ‘give as well as he gets’. Some commanders knew this and turned a blind eye, allowing some soldiers to keep their issue weapon. This old soldier, one of Americas greatest generation, returned home with his trusty .45 submachinegun. The same weapon he used in the fight against one of the greatest evils of mankind, a weapon like many others that was used to liberate the world from an outside tyranny (often so a homegrown tyrant could take it’s place). With his return to civilian life he kept the weapon that had become a fixture of his life and it became a fixture around his home, his granddaughter said she remembered seeing it several times over the years (always assuming it to be deactivated). I would like to think that that old veteran may have loaded it a time or two during the civil rights era, that would have been one old black gentleman who would have been more than a match for a half dozen hate filled bigots trying to enforce their worldview on others. She and I spoke at some length and discussed her options, we were able to find a lawyer who will look into the issue and see if the weapon was registered during the 1968 amnesty (making it worth 10,000 or more) or if it is a contraband. If it is not on the NFA registry I offered to help her find a museum that she could donate it to as a historic relic, she liked the idea of it being on display and listed as being donated in the family name. If all else fails I will look into the possibility of destroying the receiver and finding a buyer for the rest of the parts, at least that way she can recover a few hundred dollars and a collector can extend the life of a registered curio and relic so a small piece of the history can live on and help to educate another generation of the sacrifice our citizens made to win the war.

As she was thanking me and packing her things to leave I asked if she would be interested in shooting her grandfathers gun, judging by her reaction I can only assume that she never considered the possibility before my mentioning it and she jumped at the chance. After a few minutes of safety instruction (interrupted briefly by a uniformed local police officer who wanted to look at the historic relic on the table) we went onto the range with one loaded magazine and she was able to share one more experience with her late grandfather. As she finished, another customer, who had taken notice of this lady and her machinegun, asked what kind of gun it was. As best I recall her reply, with perfect nonchalance, was “My machinegun, doesn’t everyone have one? Where have you been?†and she walked off the range as if nothing special had taken place.

This was the fourth war trophy that I have seen in the last ten years or so, usually after the death of a family member someone will find the gun in the attic or the back of a closet where it spent the last fifty some years. After explaining the law and the options open to them I tell them of legislation introduced a few years ago that would allow veterans and their heirs to register war-trophies recovered in WWII, Korea and Vietnam. Few soldiers knew it was legal to do that then or register them during the 68 amnesty and it would give them and their family a chance to keep a piece of their family history intact without threat of persecution from the same government they served honorably.


I sent this to the lady involved asking for any added details and asking if she would mind if I were to share this and her reply follows.


Jake:

Your recollection of my visit to your gun store was truly an experience to remember. Your letter made me, a person who has never had two thoughts about guns, except negative thoughts generated from the stories I hear from our youth, gangs and violence, enable me to think of guns in a whole new way. As you stated in your letter, this submachine gun played a huge role in protecting and comforting our nation's protectors.
Although I understand the role of 68 Amnesty Law, it is very unfortunate that it takes away my rights to do as I please with my families property. I am very interested in donating this firearm to a local museum. Could I receive a tax right off for the donation?

Please move forward with publishing our encounter from last Friday but I would prefer to remain anonymous. Again, my experience at your gun store and range was one of the best experiences I have ever had. I can not express in words how much I appreciated you taking the time to educate me on the laws and regulations of gun selling, allowing me to experience shooting the gun ( something I have never ever dreamed of doing) and giving me "sincere" advice on my options. I never thought that I would be an advocate for responsible gun ownership and activity but, I am now!

Please keep me informed on our next step with regards to me turning it over to a museum.

Thanks Jake!




I would like to add that the BATFs own estimate from about 10 years ago was that for each of the roughly 200,000 NFA items (machine guns, silencers, destructive devices, etc.) legally owned in the US there are an estimated 10 that are owned illegally (over 2 million). If the people at the Brady Campaign or the Violence Policy Center (or other gun control groups) were to be believed then we would be hip deep in bodies right now. Truth is that many of the ‘illegal’ guns are, like the one above, in the hands of our veterans and their children. Many of the rest were created by machinists, mechanics and hobbyists (otherwise decent, law abiding people) who have made one or two just to see if they could. Very few are in the hands of hardcore criminals or fringe groups.

If the ATF assessment is correct than with over 2 million unregistered NFA items in the hands of 270 million Americans, that means one per 135 people (man, woman and child). Chances are that you know someone with something in the back of the closet that they just don’t talk about.
 
great story!

so, is it simply not possible, after explaining the history of the gun, and the potential value/legality of it, to just turn around for a few moments and let the person go home with it?

i mean, i would consider it to be a priceless family heirloom. 'tis a shame that it might wind up never being a part of this womans family ever again.
 
Spacemanspiff, it is her property and we do not yet know the legal status, she left with it and we are trying to see if it is properly registered. It could have been registered at any point up to and including the amnesty of 1968, right now we don't know.

If it turns out not to be registered we are looking for a historical museum that is willing to go through the hassle of adding it to the books. As I understand it the piece must be transfered to a willing police department who will register it on a form 5, it can then be transfered to the museum (as they get to play by different rules to some extent).

We can certainly establish that the person in posession of the weapon is doing all that is possible to comply with the law, there is no criminal intent. This is the case with all of the 4 that I mentioned in the original post, they all took their property with them until they had exhausted all possibilities and then it was up to them to do as they see fit.
 
Nice post and very well written Jake 98c/11b,

To me, the most salient point of the story was how, with a little education, a person with no or negative feelings about firearms was able to understand and be comfortable with them. That is why responsible gun ownership is so important to our having and keeping our ownership rights. If we lose our right to keep and bear arms, it will be the fault of the small minority of gun owners that are unsafe, or act improperly when carrying or using guns. I'll step off the soapbox now....... :cuss:
 
I think what I enjoyed most about the story is the fact that you allowed this lady an opportunity to fire the weapon, and perhaps gain just a bit more understanding of her grandfather, and what he'd experienced in his life.


Hope it ends up in a nice, loving home or museum.
 
Jake ~

If you do see this lady again, you may want to pass the following information along:

It looks like there is an outside chance that a Korean War / WWII machinegun amnesty may get passed this year.

http://www.armytimes.com/story.php?f=1-292925-840856.php

It would be applicable to vets who participated in those wars, and to their heirs (meaning probably this lady).

Just FYI.

pax
 
Pax, Thanks for the link, I will see if I can get that to her.

George, you ignorant slut, who did you sleep with to get this job... Good to you are still here buddy, when are you heading out this way again?

El Tejon, damn fine point about the amnesty. I hope this may encourage people to support another amnesty and/or legislation such as what Pax refered to.
 
This type of story will become much more common as the WWII generation passes into history.

A few years ago we recovered a like new MKII Pineapple type hand grenade, set up for use as a rifle grenade (mounted on top of a sheet metal tube, fins etc., at some point during the war these were produced so that you could launch a standard grenade) at the site of a home that was being demolished. It looked as new as if it had just been unpacked from the cardboard shipping container.

My friend on the Secretary of State Police Bomb Squad told me that statewide they were picking up about 20 items of ordnance like that per week. He said that since that grenade looked so new they might try to render it inert and put it in a museum.

An amnsety and opening up of the NFA regster would be the best way to deal with this issue.

Jeff
 
Thank you for sharing this great story with us Jake, and thank you for being such a gentleman. I wonder if this lady knows how fortunate she was to come to you. Sadly, not everyone would have treated her with such respect, helpfulness and honesty. You are to be commended!
 
If it is not registered, IMHO the best option is to donate it to a Federal military museum, such as the Marine Corps Museum at Quantico, Virginia. Any other museum is held to the same standards as a civilian, i.e., no possession of an unregistered NFA firearm or any machinegun manufactured after 1986, so donation to a PD would end right there. Unless the PD has a reference collection, they probably would have no use for a priceless war relic like this.

I'd recommend getting a good lawyer who is familiar with the NFA before taking any action, especially before contacting ATFE, and doing so immediately.
 
Jake, thank you for a great story and one that should have a good ending. with the current climaate in this country oday that may be elusive though.

When I shipped out for Vietnam I had my issued M14 rifle with bayonet, and my personal .38 revolver that I smuggled on board for my personal protection. We went through the registration two step with the confiscation thrown in for good measure after several months in country. When I left for he states I even had to get a permit from the RVN government to export my revolver home.

While in Vietnam I bought a M3A1 .45 ACP SMG from a SF guy. It was painted black and had been used by a "Victor Charley" at one time. I paid $45 bucks for it and I had 6 magazines and scrounged up a couple more. I did not get to use it except in our test pit at the maintenance unit I was a member of. I stashed it in a footlocker with a false bottom in the metal quanset hut I worked in. I kept my Ordnance parts manuals on top of the SMG and no one was the wiser.

A 2nd Lt. in my unit had a Swedish model K with one magazine and he carried that around the camp instead of his issued M14. I personally thought it foolish to carry only a 30 rd mag of 9mm but that was his decision. I was comfortable with my 8 mags and over 200 rounds of ammo.

When my time came to leave I had a buyer lined up and sold the M3A1 for $60 dollars. I would really liked to have brought it home but that would not fly with the army. As it was the Collins machete that was WW2 surplus that I bought after WW2 as a kid was confiscated by MP Customs when going through my hold baggage after I shipped out. I paid $1.50 for it when I was about 12 and I added a pistol belt and carried it for years plajing army and in the trunk of my car when I was in the USAF.

The M3 and M3A1 SMG's were certainly ugly things but they were part of the history and mystique of the military.

The conversion of M14 to the E2 model by installing a selector switch was an option I took also. I located nearly 200 devices and since the M14 was being phased out for the M16 there was no need to worry about using them up. During a pay day we were told to bring our M14's through the line and all were checked for the serial numbers and full-auto conversions. Out of about 15 conversions that were discovered that day mine was one of about 4 or 5 that were allowed to remain intact. I was older and more experienced with firearms than some of my fellow soldiers.

Later when I worked for the USTD I got to qualify with the Uzi and carried on duty someimes including a trip from SFO to Butler Field outside of Denver when we were transporting 100 tons of gold bullion on C5A aircraft courtesy of the USAF.
 
Chut1st, a recognized private museum can receive it but there are some hoops that must be jumped through. I have already found a local police department that will receive it and register it on a form 5 and then it can be transfered to a museum. There are some exceptions to the general nature of things in the NFA world, not to say that they are in any way right but exceptions do exist. Normal dealer to dealer transfers usually take 30-60 days but the movie industry can do it in a day or two more often than not. They also place post 86 weapons in the hands of convicted felons and no one is prosecuted but that is another topic for another day.

Weapons registered on a form 5 can not be transfered to individuals but museums can get them transfered in for display purposes.
 
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