A piece of history
So, you run a library. In that library, you find a WW1 German machine gun that was captured by Alvin York. You want to sell it to fund your library. Tough shit, it’s illegal:
According to the research, Lewis had plucked the weapon from a pile given up by surrendering Germans and shipped it home. Briefly prized as a souvenir of the war, it was paraded through the town on Armistice Day in 1919 by Boy Scouts who towed it in a red wagon. But over the years it faded from public view.
Its rediscovery stoked dreams of a big windfall for the library, where officials had been pondering ways to finance an expansion of the cramped facility and an upgrade of an antiquated cataloging system. Library officials said they contacted several auctioneers in New England who estimated the weapon’s value at $100,000 and perhaps several times more than that.
But the dreams didn’t last long. Library officials soon learned that the gun is illegal and that they can do very little with it.
Federal gun laws prohibit possession or sale of automatic guns unless they are registered with the US Bureau of Alcohol, Tobacco, Firearms, and Explosives. In the library attic for years, the German machine gun was never registered. The library isn’t allowed to register the gun now because federal law prohibits new registrations on automatic weapons, except in rare circumstances.
Since it is illegal for the library even to have the gun, Nahant police took it and stored it under lock and key in an evidence locker, forestalling seizure by the ATF.
“We cannot hold onto this weapon,” deStefano said. “If we kept it on the premises, they were going to come and get it, and they were going to destroy it. This is a piece of history. We’re kind of caught between a rock and a hard place.”
The town has appealed to the ATF for permission to sell the gun, but so far, bureau officials have rejected the pleas.
Possession of an unregistered NFA weapon can land you 15 years in club fed and a big fine. But:
A spokesman for the ATF said yesterday that it would be possible for the Nahant police to register the gun and take responsibility for it, which would prevent it from being destroyed. They could also possibly transfer it to another public agency, but it’s unlikely that it can be sold on the market , according to Jim McNally, a spokesman in Boston for the ATF.
He said the agency — at the request of US Representative John F. Tierney, a Salem Democrat — is researching options that Nahant might be allowed under the law, such as transferring the gun to a private museum.
Sorry. The weapon cannot be transferred. It is already contraband now. Such a transfer (and possession) is illegal. Time to destroy a piece of history due to our gun laws.