This bill just gets scarier each time I read it.
Consider the following. Since all riflescopes are filled with nitrogen or some inert gas to prevent fogging this is probably included as a military specification somewhere for riflescopes the DOD purchases.
Therefore in one swoop Congress has outlawed riflescopes.
Unless you have the orginial reciept for your riflescope how are you going to prove it is not ex DOD surplus? The DOD has bought off the shelf items at times.
This bill provides no functionality for hearings or appeals when a decision is made to sieze an item.
If this passes I would be the first one to try to take them to court over it. I am not a lawyer but it seems to me that this law violates the right of due process.
---------- Original Message ----------------------------------
From: "Claude W. Vaughn" <vaughn@totalaccess.net>
Date: Wed, 26 Sep 2001 21:54:34 -0500
>PART 121:
>
><snip>
>Significant military equipment: An asterisk precedes certain defense
>articles in the following list. The asterisk means that the article is
>deemed to be "significant military equipment"
>to the extent specified in § 120.19. The asterisk is placed as a
>convenience to help identify such articles.
><end of snip>
>
>
>First, please read Category VII (follows):
>
>----------------------------------------
><snip>
>
>Category VII-Tanks and Military Vehicles
>
> *(a) Military type armed or armored vehicles, military railway
>trains, and vehicles specifically designed or modified to accommodate
>mountings for arms or other specialized military equipment or fitted
>with such items.
>
> *(b) Military tanks, combat engineer vehicles, bridge launching
>vehicles, half-tracks and gun carriers.
>
> *(c) Self-propelled guns and howitzers.
>
> (d) Military trucks, trailers, hoists, and skids specifically
>designed, modified, or equipped to mount or carry weapons of Categories
>I, II and IV or for carrying and handling the
>articles in paragraph (a) of Categories III and IV.
>
> *(e) Military recovery vehicles.
>
> *(f) Amphibious vehicles. (See § 121.4)
>
> *(g) Engines specifically designed or modified for the vehicles in
>paragraphs (a), (b), (c), and (f) of this category.
>
> (h) All specifically designed or modified components and parts,
>accessories, attachments, and associated equipment for the articles in
>this category, including but not limited to
>military bridging and deep water fording kits.
>
> (i) Technical data (as defined in § 120.21 of this subchapter) and
>defense services (as defined in § 120.8 of this subchapter) directly
>related to the defense articles enumerated in
>paragraphs (a) through (h) of this category. (See § 125.4 of this
>subchapter for exemptions.) Technical data directly related to the
>manufacture or production of any defense articles enumerated elsewhere
>in this category that are designated as Significant Military Equipment
>(SME) shall itself be designated SME.
>
><end of snip>
>----------------------------------------
>
>Now RE-READ section (d) above. Remember the asterisk signifies SME.
>
>Then read Categories I, II, III:
>
>----------------------------------------
><snip>
>
>Category I-Firearms
>
> *(a) Nonautomatic, semi-automatic and fully automatic firearms to
>caliber .50 inclusive, and all components and parts for such firearms.
>(See § 121.9 and §§ 123.16-123.19 of
>this subchapter.)
>
> (b) Riflescopes manufactured to military specifications, and
>specifically designed or modified components therefor; firearm silencers
>and suppressors, including flash suppressors.
>
> *(c) Insurgency-counterinsurgency type firearms or other weapons
>having a special military application (e.g. close assault weapons
>systems) regardless of caliber and all
>components and parts therefor.
>
> (d) Technical data (as defined in § 120.21 of this subchapter) and
>defense services (as defined in § 120.8 of this subchapter) directly
>related to the defense articles enumerated in
>paragraphs (a) through (c) of this category. (See § 125.4 of this
>subchapter for exemptions.) Technical data directly related to the
>manufacture or production of any defense articles enumerated elsewhere
>in this category that are designated as Significant Military Equipment
>(SME) shall itself be designated SME.
>
>Category II-Artillery Projectors
>
> *(a) Guns over caliber .50, howitzers, mortars, and recoilless
>rifles.
>
> *(b) Military flamethrowers and projectors.
>
> (c) Components, parts, accessories and attachments for the articles
>in paragraphs (a) and (b) of this category, including but not limited to
>mounts and carriages for these articles.
>
> (d) Technical data (as defined in 120.21 of this subchapter) and
>defense services (as defined in § 120.8 of this subchapter) directly
>related to the defense articles enumerated in
>paragraphs (a) through (c) of this category. (See § 125.4 of this
>subchapter for exemptions.) Technical data directly related to the
>manufacture or production of any defense articles enumerated elsewhere
>in this category that are designated as Significant Military Equipment
>(SME) shall itself be designated SME.
>
>Category III-Ammunition
>
> *(a) Ammunition for the arms in Categories I and II of this section.
>(See § 121.6.)
>
> (b) Components, parts, accessories, and attachments for articles in
>paragraph (a) of this category, including but not limited to cartridge
>cases, powder bags, bullets, jackets, cores,
>shells (excluding shotgun shells), projectiles, boosters, fuzes and
>components therefor, primers, and other detonating devices for such
>ammunition. (See § 121.6.)
>
> (c) Ammunition belting and linking machines.
>
> *(d) Ammunition manufacturing machines and ammunition loading
>machines (except handloading ones).
>
> (e) Technical data (as defined in § 120.21 of this subchapter) and
>defense services (as defined in § 120.8 of this subchapter) directly
>related to the defense articles enumerated in
>paragraphs (a) through (d) of this category. (See § 125.4 of this
>subchapter for exemptions.) Technical data directly related to the
>manufacture or production of any defense articles enumerated elsewhere
>in this category that are designated as Significant Military Equipment
>(SME) shall itself be designated SME.
>
><end of snip>
>
>--------------------
>Category IV applies to-Launch Vehicles, Guided Missiles, Ballistic
>Missiles, Rockets, Torpedoes, Bombs and Mines. This category is not
>detailed here.
>--------------------
>
>SO...
>
>THIS JUST ABOUT COVERS EVERYTHING IN OUR HOBBY.
>
>Even my WWII (November, 1941) Dodge WC-27 Ambulance is affected by this
>list and the Bill(s) under consideration in the Senate. Because
>Ambulances "never" carried arms or ammunition they would be excluded
>from paragraphs (a), (b), (c), (e), and (f) in Category VII. These five
>paragraphs are marked with an asterisk as SME. Paragraphs (d), (h), and
>(i), again in Category VII, could become SME at the whim of the DoD
>(simply add the asterisk). The same whimsical change could apply to the
>other Categories as well.
>
>But paragraph (g) includes the "Engines specifically designed or
>modified for the vehicles in paragraphs (a)." My innocent old historic
>military ambulance uses the same engine as the Dodge Weapon Carriers. My
>"truck" may be excluded, but the engine may be considered as
>"Significant Military Equipment."
>
>
>
>
>
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This archive was generated by hypermail 2b29 : Mon Oct 08 2001 - 10:59:01 PDT