Akula69
Member
I have a story to share which may shed light on some of the questions in this thread:
The Facts:
I retired from a law enforcement agency in 2019, and while there had the position of armorer and firearms instructor. When I first assumed the role I had the job (PITA?) of cleaning out and arranging the armory (which had not been done in about 20 years....). In any case, I came across a Barretta Model 38 paratroop rifle in almost pristine shape. The only significant damage was crude engraving of some unfortunate's initials on the lower stock. Researching the weapon's history, I found it was a battlefield pick-up which had been smuggled back to the US during WW2; the owner had passed, and the widow had just 'dropped it off' at the department because she was 'tired of looking at it'. This occurred pre-1984, but the weapon had never been registered with ATF.
And yes, I cleaned it and shot it at the range. It was almost sexual how well the handmade pieces fit together - and for a 75 year old weapon it worked flawlessly. When appraised, the valuation came back in the low 60K range.
In talking with my ATF contact (for the department) we determined there was no way it could be registered - it was past the deadline. He wanted me to cut the receiver and destroy the weapon. I tried to find a way to donate it to the local WW2 museum, but they could not accept it because it (1) was not legally registered and (2) would be useless as a display model if part of the receiver was missing.
The conclusion:
Even after speaking with the City Attorney (who is also a 2A supporter) we could find no way to sell or donate the weapon. When it came time to destroy the unused and seized weapons that year I could not bring myself to shred it....so as far as I am aware it is still in the armory. I would have been willing to have a solid rod welded into the barrel or the receiver, but the ATF agent indicated that would not satisfy the law as written. Later that year, when it came time for the FEPMIS audit the agent who came by had records I had called their office, and requested to see the weapon to ensure it was still in LEO control..
I would echo the comments made in previous threads...if there is any question at all get the advice of a competent attorney.
The Facts:
I retired from a law enforcement agency in 2019, and while there had the position of armorer and firearms instructor. When I first assumed the role I had the job (PITA?) of cleaning out and arranging the armory (which had not been done in about 20 years....). In any case, I came across a Barretta Model 38 paratroop rifle in almost pristine shape. The only significant damage was crude engraving of some unfortunate's initials on the lower stock. Researching the weapon's history, I found it was a battlefield pick-up which had been smuggled back to the US during WW2; the owner had passed, and the widow had just 'dropped it off' at the department because she was 'tired of looking at it'. This occurred pre-1984, but the weapon had never been registered with ATF.
And yes, I cleaned it and shot it at the range. It was almost sexual how well the handmade pieces fit together - and for a 75 year old weapon it worked flawlessly. When appraised, the valuation came back in the low 60K range.
In talking with my ATF contact (for the department) we determined there was no way it could be registered - it was past the deadline. He wanted me to cut the receiver and destroy the weapon. I tried to find a way to donate it to the local WW2 museum, but they could not accept it because it (1) was not legally registered and (2) would be useless as a display model if part of the receiver was missing.
The conclusion:
Even after speaking with the City Attorney (who is also a 2A supporter) we could find no way to sell or donate the weapon. When it came time to destroy the unused and seized weapons that year I could not bring myself to shred it....so as far as I am aware it is still in the armory. I would have been willing to have a solid rod welded into the barrel or the receiver, but the ATF agent indicated that would not satisfy the law as written. Later that year, when it came time for the FEPMIS audit the agent who came by had records I had called their office, and requested to see the weapon to ensure it was still in LEO control..
I would echo the comments made in previous threads...if there is any question at all get the advice of a competent attorney.
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