Update, with a few more details...
http://www.armytimes.com/news/2007/04/army_yorkgun_070429w/
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Library hopes to sell WWI gun to raise funds
By David Liscio - Special to the Times
Posted : Monday Apr 30, 2007 5:19:11 EDT
A small Massachusetts town wants to auction a rare German machine gun believed to have been captured by legendary Army Sgt. Alvin C. York during World War I, hoping to use the money to fund its public library improvements, but the federal government says the unregistered automatic weapon can’t be sold.
Library trustees in Nahant, Mass., estimate the German-made Maxim machine gun could fetch as much as $200,000, considering its reputed relationship to the Great War’s most decorated American soldier. But agents of the federal Bureau of Alcohol, Tobacco and Firearms say the law specifically prohibits such transactions.
Meanwhile, the vintage weapon is under lock and key at the Nahant police station while U.S. Rep. John F. Tierney, a Massachusetts Democrat, and other members of Congress attempt to find a solution.
According to Nahant town officials and local accounts, resident Mayland Lewis was an Army lieutenant on the battlefield in the Argonne Forest of France on Oct. 8, 1918, when York led seven soldiers in a daring attack on a German machine gun nest, killing 25 and capturing 132 others. Lewis, assigned to the adjutant’s staff, was ordered to take notes on York’s bravery and the German surrender.
Many of the stunned Germans were ordered to stack their weapons near the adjutant’s headquarters. According to the family, Lewis plucked the deadly Maxim machine gun and a Mauser rifle from the pile and shipped them home as war souvenirs.
On Armistice Day, which celebrated the end of World War I, the Nahant Boy Scouts paraded the machine gun along the streets of the peninsula in a small red wagon, according to Lewis’ son, Mayland P. “Nippy” Lewis Jr. His Dec. 17, 2002, letter to Nahant historian Calantha Sears explains that his father was not an ardent motion picture fan, but eagerly attended a showing of the movie Warner Brothers made in 1941 entitled “Sergeant York,” starring Gary Cooper.
“We went to see it and the story came out,” the younger Lewis wrote.
More recently, Mayland Lewis’ granddaughter, Deborah Durnam Craig, upon learning of the bureaucratic stalemate, e-mailed the Lynn, Mass., newspaper to say the machine gun occupies “a very interesting part of my family history” and that she remembers her grandfather saying he knew Sgt. York.
York, who was born in Pall Mall, Tenn., received the Medal of Honor and other prestigious commendations, including the Legion of Honor and the Croix de Guerre. Witnesses said the 30-year-old infantry sergeant charged the machine gun nest head-on after his platoon suffered heavy casualties. The water-cooled Maxim was a state-of-the-art killing machine, credited with cutting down more American soldiers than any other infantry weapon.
Daniel deStefano, the Nahant library director, said the Lewis family gave the machine gun to the town. A July 5, 1919, article in the Lynn (Mass.) Daily Evening Item newspaper noted that Lewis shipped the machine gun home after retrieving it on the battlefield.
Lewis presented the machine gun and rifle to Nahant Library Trustee Fred C. Wilson during a homecoming reception for returning servicemen. The weapon ended up in the library attic until about three years ago, when deStefano literally tripped over it.
“I reached down to move this heavy thing that I thought was a piece of pipe, never expecting to find a machine gun at the other end,” deStefano said. “That’s when we got interested in finding out more about what it might be worth because we are trying to raise money for a library expansion. We thought it might be better to sell the machine gun than ask the taxpayers for more money.”
John Welsh, a library trustee, said a bureaucratic tangle emerged. “It’s a machine gun and it’s not registered, so apparently we can’t sell it until we find a legal way to own it,” he said. “We’ve had estimates that it could be worth up to $200,000, presuming we can show its relationship to Sergeant York.”
ATF Special Agent Jim McNally in Boston stressed that the law is clear on such matters: The weapon cannot be sold but it can be donated to a public or private museum.
Library officials are still hopeful their case might prove an exception.
“If we can’t get it registered and sold ... the gun should not be destroyed,” deStefano said. “It should go to a historical museum that can keep it securely.”
“But we sure could use the money. This building ran out of space 60-70 years ago.”
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Comment: As one previous poster mentioned, consider all the innocent actions associated with this relic, that are now serious felonies. Shipping back war souveniers, unpapered transfer, possession by minors (in a large public gathering, no less). Capping off, a potential treasure becomes worthless. Kind of an apt metaphor for the insidious growth of government in the last 90 years, eh?
Ironically, since the argument is now between two government entities, rather than a private owner vs. the feds, I find myself less sympathetic over the monetary loss. Though, to reiterate, if this was a private owner, you can bet criminal charges would be threatened; and force used by the feds to take physical possession, rather than merely the financial squabble we now see.