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Police Confiscation


SRT Driver

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A local newspaper article told the story of a man who bought an old house to rehab and sell.

When tearing down some walls, he found a Thompson 1928-A1 in a canvas bag with a cleaning kit, 400 rounds of ammo, and a receipt from a local hardware store dated in the '30's. Apparently, the had been fired very little and was in "mint condition". From the pictures, it looks new.

The guy does the "right thing" and takes it to the local police. They tell him that it is a felony to posses a machine gun in Illinois (it is!) and it probably never was registered per the NFA.. so it's illegal. The paper actually gave an relatively unbiased report.

Long story short, the police are keeping it. The guy found out what it's worth and is trying to get it back and make it a dewat!!! "15 seconds with a torch" is how the paper worded it.

At least the police appreciate it and aren't going to cut it up...yet. But the guy is still out a lot of money.

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Yesbut...

If the rightful owner were not found within a period of time specified by law, I would be entitled to have it returned to me by the police, and I would then be the legitimate owner of the bag of money.

In the case of the 1928, it's not a matter of getting it back to the rightful owner, but an entirely different dynamic.

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That's the tough part about this.

I'd love to find a mint 1928-A1 in my wall but I sure wouldn't want to get caught with it.

The issue here is that according to the NFA (from what I've read) since it wasn't a registered machine gun before either 1968 or 1986, it can't be registered at all.

Or transferred to a Class 3 FFL so the guy that found it could get something for it.

It's probably on the ATF Curio & Relic list but "once a machine gun, always a machine gun" doctrine of the NFA overides the issue.

I'm sure someone here has the correct answer.

It blows that a nice gun like this either gets destroyed or packed into the back of some police range available only to a very few police officers that appreciate what it is and know what it is not. Most could care less.

At least the county sheriff has an appreciation for it and knows what it is. Maybe it won't get cut until he is voted out of office.

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I'm sure this comes up more often than anyone will ever know, especially now that the greatest generation is expiring so rapidly, and their secrets in the attic, basement, closet, etc. get discovered.

Does anyone know if you can just pour the barrel full of lead and remove a few internals and keep something like this as a replica? That would be horrible, I couldn't watch anyone destroy this thing of beauty, but I wanted to know.

Another option would be to completely strip it and destroy the reciever and sell the parts. The parts alone would be worth enough to build a wonderful AR at least.

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To de-mil the tommy gun you would unfortunately, have to destroy the receiver, which usually they cut it into little pieces.

Friend's dad buried some stuff he smuggled home from vietnam in a wall and forgot about it. Few years ago he lost the house in a sheriff's sale. New owner found the stuff. (ak-47, grenades IIRC) and dropped dime to the police. They investigated and locked up my friend's dad.

Ted

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I should think the man who purchased the house purchased the contents of the house in good faith. The government which wishes to confiscate his property should compensate him for it at fair market value.

And if I found a 75 year old bag of money in the wall of a house I just purchased I would make every effort to find out how much it was worth.

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Does anyone know if you can just pour the barrel full of lead and remove a few internals and keep something like this as a replica? That would be horrible, I couldn't watch anyone destroy this thing of beauty, but I wanted to know.

A 'smith I know runs into "Registered Dwats" periodically. You used to be able to make an MG "inoperable" by blocking the barrel with lead and a few other things so it wouldn't fire and register it with ATF as a Dewat. Which is cool since it has all of the original parts..it just can't fire. And the receiver is registered with ATF.

Some people still have these and they are like gold to a Class 2 manufacturer since it's the original receiver. They can make an original, functioning gun out of them by removing the plug and replacing a few parts. And, sometimes, you can get them for next to nothing.

Those days are gone. Now you have to cut the receiver.

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I shot a USPSA match at a place that had a full auto competition later that night. While talking to the owner about what it took to legally own one he spoke of a woman who opened here deceased fathers foot locker and found a Thompson in pristine condition and brought it in to him to ask about it. He told her that she couldn't sell it and it was illegal to posses. He did set her up with a museum and she donated it and took it as a deduction on her taxes, but didn't just give it to the cops.

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To be honest, if I found a 30 year old bag of currency, or a legal firearm walled up in my house, I would talk with an attorney, then turn it in to the county attorney under the terms we negotiate. Keeping silent about a gun that could potentially be used to help solve a crime isn't something I think I could do. I would want it printed, photographed, and the specifics documented. A sack full of silver certificates and double eagles would be sooooo tempting.

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John:

As you know, several cops and the county attorney are members of our club and they frequent the forums. Hint, hint... :lol:

I think flex added the plus to my moniker. I have mixed emotions on the addition of the +, but it's kind of cool. BTW, I updated my avatar just for you. :o

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