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WWI machinegun seized, turned over to museum
An interesting story. Des Moines police found a water-cooled German MG from WWI in a drug raid, and made arrangements to turn it over to a military museum.
Thought: back in the 70s, police generally auctioned off seized firearms. I used to go to the auctions here. One of the judges sent his bailiff over to bid on the ones he liked. (I guess he thought it'd be improper to bid against attorneys). Then in later years that changed, here and almost everywhere else, to where seized guns were destroyed. I wonder if it might not be useful to try to get exceptions. For example, guns on the ATFE curio and relic list can be donated to museums, and those not accepted can be sold. That way collectibles wouldn't be melted down, at least.
[UPDATE: I think there is a museum exception (not dead sure). The only police exception is, as I remember, that they don't have to pay the $200 tax -- but guns on which no tax is paid become "law enforcement only," I think even if a person offers to buy and pay the tax on that transaction.]
3 Comments
I have heard elsewhere that there is a museum exception, but I am not sure how it works. Too bad the SCOTUS wont enforce the RTKBA - I would love to own such a piece of history, but the few "legal" examples will probably be forever beyond the reach of average folks like myself.
I'm not an expert on US laws, but what about this:
Forfeited property of crimes become the property of the State:
From the National Firearms Act:
§ 5872. Forfeitures
(a) Laws applicable. - Any firearm involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture, and (except as provided in subsection (b)) all the provisions of internal revenue laws relating to searches,
seizures, and forfeitures of unstamped articles are extended to and made to apply to the articles taxed under this chapter, and the persons to whom this chapter applies.
(b) Disposal. - In the case of the forfeiture of any firearm by reason of a violation of this chapter, no notice of public sale shall be required; no such firearm shall be sold at public sale; if such firearm is forfeited for a violation of this chapter and there is no remission or mitigation of forfeiture thereof, it shall be delivered by the Secretary to the Administrator of General Services, General Services Administration, who may order such firearm destroyed or may sell it to any State, or possession, or political subdivision thereof, or at the request of the
Secretary, may authorize its retention for official use of the Treasury Department, or may transfer it without charge to any executive department or independent establishment of the Government for use by it.
§ 5853. Transfer and making tax exemption available to certain governmental entities
(a) Transfer. - A firearm may be transferred without the payment of the transfer tax imposed by section 5811 to any State, possession of the United States, any political subdivision thereof, or any official police organization of such a
government entity engaged in criminal investigations.
The Iowa Gold Star Museum is a State-owned institution:
The Iowa Gold Star Museum honors the heroic service of all Iowa veterans. As a state institution, we want to be recognized as the Premiere Veterans Museum for the state of Iowa.
Therefore, it is completely legal for the State of Iowa to transfer the gun, in essence, to itself.
Without paying the transfer tax, I might add...
How did they swing that? An NFA weapon that is unregistered is contraband and cannot lawfully be transferred. Is there a museum exception or was this meth dealer a lawful NFA owner?