Re: [MV] Sorting out what the threat from new legislation REALLY is...

From: Ron (rojoha@mediaone.net)
Date: Mon Sep 24 2001 - 06:59:51 PDT


Hi all:
    No offense intended, but as you will find out in any court, ignorance of
the law is no excuse if you break one.
    When I bought my M35A2 last March, the seller provided me with a form
and had me sign one which he sent to Uncle Sam, which stated the following:

>> I understand that the U.S. military equipment that I am buying from
(dealers name) is subject to: The Arms Export Control Act, The Export
Administration Act of 1979, International Traffic in Arms Regulations,
Export Administration Regulations, Foreign Assets Control Regulation, and
the Espionage Act.

    A: The making of false statements and concealment of any material
information regarding the use or disposition, export, or reexport of the
property bought is prohibited.

    B: The property may not be sold/transferred/given to anyone outside the
United States without first obtaining proper government clearance.

    C: The property may only be bought by a U.S. Citizen, and may not be
sold/given/transferred to any foreign government, person, non- U.S. citizen
or non-permanent resident alien without proper U.S. government clearance.

    D: The purchaser/recipient agrees to cooperate with, and to permit, all
authorized U.S. government representatives to inspect and verify the
existence, and condition, of this equipment.

    E: I agree to notify the U.S. government in the event this property is
sold/given/transferred to another person in the future and to contact the
Defense Reutilization and Marketing Service, National Sales Office, 74
Washington Ave-North, Battle Creek, MI 49017-3092, (888)352-9333. <<

    It was real simple. If I didn't sign the form, he wouldn't sell the
truck to me. If you notice in most of the DRMS item descriptions on M35's
you see the lines (IN CAPS) : END USE CERTIFICATE APPLIES AND MUST BE
COMPLETED AND SUBMITTED WITH BIDS ON THIS ITEM.
    Lots of surplus dealers put in their print and online catalogs the
caveat that some items are not available for sale or export outside the US,
things like old gas masks and stupid stuff like that, without the purchaser
getting proper permission from Uncle Sugar..
    So, while you may not know about it, doesn't mean it doesn't apply to
you. And I'm not a lawyer, but this seems to be the type of technicality
that gets the knock on your door by federal agents when they are looking for
a reason to get their foot in your door. Either illegal possession of this
equipment, or illegal disposal or sale. Kinda like getting your car tossed
by a LEO that starts out with a taillight out and ends up with a tow and
impound because of a 5 year old, unpaid, $20 parking ticket that had a bench
warrant issued.
    Just my $.02 opinion.

Ron

PS Just cause your paranoid, don't mean they are NOT out to get you.
    Write your elected, so called representatives, today regarding the demil
provisions!!!

----- Original Message -----
From: <Munpaid35products@aol.com>
To: <rojoha@mediaone.net>; <mil-veh@mil-veh.org>
Sent: Sunday, September 23, 2001 9:45 PM
Subject: Re: [MV] Sorting out what the threat from new legislation REALLY
is...

> In a message dated 9/23/01 9:19:39 PM Eastern Daylight Time,
> rojoha@mediaone.net writes:
>
> << I'm not sure what makes my M35A2 a "Significant" item, but I know I
> can't sell it without notifying a whole passel of people and can only
sell
> to US citizens. It's just a truck, not armor or artillery. But it is
"LAW",
> good, bad or indifferent.
> >>
>
> Question: Am I missing something here? I bought my first M35 from a known
> dealer in the NE USA. He gave me a title form that I turned in to the
DMV. I
> now have a registered vehicle, that I can sell, give away, or destroy. Or
am
> I wrong? At no time during the negotiation, purchase, titling, insuring
or
> registration procedures was I made aware of any restrictions or mandatory
> notifications.
>
> I have bought and sold, casually, a number of these vehicles in the past
few
> years. I never warned anyone about their future obligations to notify
anyone
> should they decide to re-sell the trucks.
>
> Observation: Are we to believe that every military vehicle now in the
hands
> of daily drivers, collectors (a non-specific term, with no legal stature),
> farmers, construction companies, highway depts, fire depts, towing
companies,
> mining companies, etc, etc, will have to be given back?
>
> Are you telling me that everyone from Memphis Equipment down to tiny
> companies like mine, are going to have to find something else to do? Are
> military vehicle magazines, Power Wagon Advertiser, etc, going to fold?
>
> Who is keeping track of these trucks? With what we have read on this list
> and other places, it is possible to register these trucks as anything from
> pickups to campers, and everything in between. Are our government
agencies
> suddenly going to get real efficient at finding us? Will there be
> roadblocks, or will the gov't depend upon our neighbors to do the right
> thing, and turn us in for a reward?
>
> Where are these vehicles to be sent for storage, and ultimate destruction?
> Will they just sit around, until such time that some genious in the gov't
> decides that they could sell them to civilians, and make some needed cash?
>
> There are several guys who chop M35's to make big pickups, swamp buggies,
> etc. What will happen to those trucks, assuming that they are still
> registered under their original VIN's?
>
> This is too bizarre even to contemplate. Anyone have any ideas? a p bloom



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