WWII era guns found in creek

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i remember seeing a MG3 mounted at a mine entrance in the Kentucky sticks.... put up for paycheck day.

Didn´t think much about it, actually.
 
I would almost guarantee that these won't be torched. Some ATF big wig will get his hands on them to "destroy" them himself.
If I ever found something like this, they'd probably remain missing.
 
Stories like thia make me angry.

Because of the IDIOTIC LAWS THAT MAKE GUNS LIKE THESE EITHER ILLEGAL OR VERY DIFFICULT & EXPENSIVE TO POSSESS!!!!!!!:cuss::cuss::cuss::cuss::cuss::cuss:

Good grief.
 
If anyone happens to find a WWII bringback MG there is a chance it was registered and can be legally transfered.

First look for *any* paperwork concerning that gun. Look for forms from the ATF or even from the IRS from "way back when."

You can also look for "capture papers" from the military from when the gun was brought home. There have been a few sucessful cases where the presence of capture papers was used as evidence that the government "registered" the gun and thus the gun was legal.

(If you go that route though, you'll need to find and hire an attorney familiar with the ATF rules regarding full auto weapons. That's not an argument I'd try to make on my own. You could find someone knowledable through Bower's board at www.subguns.com).

If you can't find *any* paperwork then have your attorney contact the ATF on your behalf to see if the ATF has a record of the gun in the NFA registry. If the ATF does have a record that the gun was registered, then it's relativey straightforward to get it transfered to a new person.

I'd have an attorney contact the ATF though because then he could arrange for the legal surrender of the gun if no records are found.

If you do have to surrender the gun for destruction you can dissassemble it completely first. The ATF requires that the receiver be destroyed with a certain method, but the other parts are legal.

A "parts kit" from a WWII Thompson, or a MP-40, or a MP-44, or whatever is valuable in itself. So, if all else fails, I'd surrender the receiver and keep the parts kit to sell. Of course, if you surrender the whole gun, don't expect to get any parts back.
 
Now, over 60 years later, it would be hard to prove that any specific Axis power weapon was "smuggled" home as opposed to being brought back legitimately by a vet with authorization to do so.
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Machineguns were just as illegal in 1945-46 as they are now.

There were no "legal" capture papered machineguns brought home by GI Joe Dogface.

rc
 
Machineguns were just as illegal in 1945-46 as they are now.

There were no "legal" capture papered machineguns brought home by GI Joe Dogface.
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I was generally refering to the idea that "all" captured enemy weapons were property of the U.S. government and could not be brought back legally. Obviously, that's not true as plenty of rifles and pistols made it home and they weren't all smuggled in and then many were imported by importers legally later.

As far as MG's specifically, I've seen capture papers on WWII Axis Machine Guns that were later registered in the 1968 Amnesty. The presence of papers authorizing the GI to bring the item to the states seems to imply legitimancy.

Granted, the tax wasn't paid at the time they were brought back into the states, but that was really less of a big deal then then it is now. Back then I believe if you were caught with a "non-tax paid" MG often you were given the option of just paying the tax!

Don't forgot the rules on DEWATS have also changed since then. Back then basically if it "wasnt operable" it was legal. That's why you'll find machine guns with plugged barrels or chambers, etc, that were legal to have then, but don't meet the standards of today.

If those DEWATS were registered during the amnesty they can now be converted/restored to live fire with the filling out of the proper ATF paperwork.

If nothing else, even if any particular MG was "gray market" or questionable when it was brought back, if it was registered in the 1968 Amnesty, it is legal now. The Amnesty registration wiped away any illegality in terms of how they got into the country.
 
Granted, the tax wasn't paid at the time they were brought back into the states, but that was really less of a big deal then then it is now. Back then I believe if you were caught with a "non-tax paid" MG often you were given the option of just paying the tax!
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SAR ran an article a few years back about some seamen out in Hawaii who pulled out a few Browning M3s from a wrecked fighter off the coast. At the time (way back in the 70s, IIRC), ATF gave them the option of turning them in for destruction, or paying $200 each to register.

Guy chose to turn them and (presumably) save his beer money. :(
 
I still say they probably came from some old veteran's estate. His heirs probably realized what they had and got rid of them as quickly and quietly as they could. You can bet no one's gonna 'fess up to it, too. They're unpapered and over 60 years old, so I'm willing to bet he had them in storage out of sight for all that time. Funny thing is, the Japanese machine guns were so unreliable that they could almost be classified as "non-functional" even if they were brand new.
 
Wouldn't the receiver be the only illegal part that needs to be destroyed? If I find grandpa's Tommy and take it apart, lose the receiver, then do I still hold illegal parts?
 
Twice I had guys come in and (strongly) hint that they had WW II full auto weapons that were part of an estate. Wanted to get rid of them cheap.

Trust me. You want no part of that. Why would you want to? Can't shoot 'em. Can't show anybody. Risk years in a Federal Prison for that? I don't think so.
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Absolutely concur. As cool as it sounds to have 'em, the fact is that you can't likely take 'em out and enjoy them, and the risk factor is not insignificant.

What would be the appeal?
 
Guns were found in less than 24 hours in the creek...sounds fishy....they were only there 24 hours....chance...?..or planted, an someone told so at the time of the bridge inspection they would be found, not turned in, an then able to be turned over to a museum...bet those ATF guys had Fun shooting...
 
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