Re: [MV] Feloney Posession of a MV....

From: jim gilmore (jgilmore@oeonline.com)
Date: Sun Jan 02 2000 - 12:12:05 PST


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Mrs. Hank wrote,

.............Hank.......says to tell you his
>cannon is not in this catagory. There is an ATF ruling on black powder
>weapons that exempts them from the distructive device catagory..........

      Ah, but the ATF or, for that matter the federal government, has
nothing to do with this law. This is a STATE law. If the ATF says you
can own a cannon this has nothing to do with the attack or defense vehicle
law. It makes no difference if the cannon is a destructive device or not.
The law states '..or other vehicle capable of being drawn by a motor
vehicle.....". And of course a cannon, wether black powder or not, working
or not, destructive device or not, was certainly " designed" to be "drawn"
and to use "...explosives, projectiles, ammunition......" and therefor will
fall under the law.
    The key phrase here is "capable of being drawn by a motor vehicle". If
you have a navel cannon such as a three inch gun or a muzzle loading gun
from a 1700's man o' war, it is not "capable of being drawn" and would NOT
fall under the law. The law concerns vehicles ( a cannon is a trailer and
a trailer is considered a vehicle) only, wether they have a motor or not.
Just putting one of these cannons on a trailer would not make it an attack
vehicle as it must be "designed" or "constructed" that way. However, if
you modify the trailer to hold the cannon (such as shooting it from the
trailer) then you have "designed" and "devised" an attack vehicle.
        Yes, I know it's stupid...I didn't write it, I'm just quoting it.
(if you think this law is screwy, just become a machine gun dealer and
you'll really see some nitpickey laws!)

...........But as I mentioned before when he brought up the 1934 law with
the local sheriff and
>the guy laughed. It all comes down to a cop who wants to stick his neck out
>and see if there is a judge that agrees with him to enforce some antiquated
>law................

           Right, except that this is the opinion of your CURRENT sheriff,
This could change if you have a new one at a later date. As for the
judge........let's hope he never saw that video tape of the guy that ran
amuck with a tank (attack vehicle) in California!!

           Jim Gilmore MVPA # 5843

Member Ist Michigan AOD Chapter MVPA
               Great Lakes Chapter MVPA
               Ohio Motor Pool Chapter MVPA
               Red Ball Chapter MVPA
               Ontario Military Vehicle Association
               Midwest Military Vehicle Assocation
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