Quoted:
Quoted:
Quoted: Members of the military may be using guns in the line of duty, but being issued a weapon for duty is not ownership or possession of the weapon, any more than a UPS driver posesses or owns the UPS truck. A soldier takes the weapon to the range, or into combat, or whatever, but he is under orders, not acting on his own as a private individual or using the firearm for his own purposes, and of course must turn in the weapon immediately after his duty is completed.
So, a GI, felon or not, is not in possession or ownership of his M16 - which, of course, would be illegal under the NFA. Uncle Sam is the owner and possessor of the firearms. |
I call - bullshit. |
+1. does that mean that if I get pulled over in a company car, I can claim I'm not in possession of the company car???????????
My take on the situation is this: the law only applies to the government when they want it to. |
I may stand corrected. Congressional intent of the machinegun ban:
from
Farmer v. Higgins (see bold text):
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[23] The legislative history of section 922(o) also supports our conclusion that Congress intended to prohibit the private possession of machine guns not lawfully possessed prior to May 19, 1986. On April 10, 1986, Congressman Hughes introduced section 922(o) as a last minute amendment in the House of Representatives. See 132 Cong. Rec. H1750-53 (April 10, 1986). When Congressman Hughes introduced the amendment, he requested "an opportunity to explain why machineguns should be banned," observing that "I do not know why anyone would object to the banning of machineguns." 132 Cong.Rec. H1750 (April 10, 1986) (statement of Rep. Hughes).
[24] In the subsequent Senate floor debate on May 6, 1986, various Senators addressed the machine gun amendment adopted by the House. Senator Metzenbaum explained that the intent of the amendment is to ban the possession of machine guns, except as provided by the "grandfather" clause:
[T]he House version, which we are about to vote on here, has a very important improvement from the bill the Senate adopted last July, and that is to ban the transfer, possession of any machinegun not lawfully possessed on the date of enactment.
[25] 132 Cong.Rec. 9602 (1986) (statement of Sen. Metzenbaum) (emphasis added). Similarly, Senator Lautenberg expressed approval of the improvements added by the House noting that the bill "bars future sales and possession of machineguns by private citizens." 132 Cong.Rec. 9605 (1986) (statement of Sen. Lautenberg) (emphasis added).
[26] Senators Dole and Hatch discussed the scope of the "somewhat ambiguous" first exception to the prohibition covering machine guns transferred or possessed "under the authority of, the United States . . . or a State." 132 Cong.Rec. 9600 (statement of Sen. Dole). Senator Hatch explained:
In the case of the military, the manufacturer would be transferring to the United States or a department . . . the machinegun would be possessed by the United States, and these sales and other transactions would clearly take place under the authority of the United States ... . Any local police would be specifically covered by the language in this provision permitting the transactions and possession to or by or under the authority of a subdivision of a State.
[27] 132 Cong.Rec. 9600 (1986) (statement of Sen. Hatch) (emphasis added).
[28] Senator Dole subsequently asked Senator Hatch how the provision would affect the sale of weapons to foreign allies or other exports permitted by the Department of State:
MR. HATCH: Once again, these should be considered transfers under the authority of the United States. The United States itself . . . would be authorizing this transfer. . . .
[29] 132 Cong.Rec. 9600 (1986) (statement of Sen. Hatch).
[30] Senators Dole and Hatch further discussed whether the "under the authority of" language would allow a local police force to authorize its officers to purchase machine guns to be owned by the officer rather than the police. 132 Cong.Rec. 9601 (statement of Sen. Dole). Senator Hatch responded that:
possession or transfer of those weapons would cease to enjoy the authorization of the State agency or subdivision when the officer was no longer on the police force. The police force would then have to exercise its authority to guarantee that the machinegun was transferred to another entity authorized by the State or the United States to possess such weaponry.
[31] 132 Cong.Rec. 9601 (statement of Sen. Hatch) (emphasis added). Senator Durenberger thereafter thanked Senators Dole and Hatch for clarifying "a very important issue surrounding the amendment to ban the future sale and possession of machineguns." 132 Cong.Rec. 9605 (1986) (statement of Sen. Durenberger).
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Admittedly, when reading further, the whole thing becomes vague again, but the intent seems clear. Opinions?