RE: [MV] Well... this whole legal debate has...

From: Rikk Rogers (rkltd@swbell.net)
Date: Fri Sep 28 2001 - 08:40:19 PDT


Steve,
How do you get the idea this is not in effect?
This is from the current munitions list, that is in effect.

rikk

-----Original Message-----
From: Military Vehicles Mailing List [mailto:mil-veh@mil-veh.org]On
Behalf Of islander
Sent: Thursday, September 27, 2001 10:38 AM
To: Military Vehicles Mailing List
Subject: [MV] Well... this whole legal debate has...

[POSSIBLE DUPE - list server apparently didn't get first one]

... perhaps lead me to at least ONE positive finding... Although my
import/export broker was told by BATF that I need a Form 6 to import a
Weasel from Canada, after reading all this stuff and more... I think the
BATF Agent was mistaken. Hopefully you guys with Form 6 experiences can
see if I am off my rocker here :-)

Form 6 specifies that it is the means for importing items in Code of
Federal Regulations (CFR) 27. Specifically, Parts 47, 178 and 179.
Parts 178 and 179 are specifically about firearms, ammo (former), MGs,
destructive devices, and "certain other firearms" (latter). So these are
irrelevant, which leaves only Part 47 to be concerned with.

I have read Part 47 and find nothing in it about Military Vehicles.
However, it consistantly points to the now very familiar wording of §
120's list of "Military Significant Equipment". As it stands now, it
looks like a Weasel is not currently considered "Military Significant
Equipment", and therefore I *DO NOT NEED* a Form 6 for importation.

>From the only relevant MV section of § 120 (my comments in []):

                Category VII--Tanks and Military Vehicles

    *(a) Military type armed or armored vehicles, military railway
trains, and vehicles specifically designed or modified to accommodate
mountings for arms or other specialized military equipment or fitted with
such items.

[Since the Weasel was never armed, armored, or anything else in this
list... it is exempt from this claus]

    *(b) Military tanks, combat engineer vehicles, bridge launching
vehicles, half-tracks and gun carriers.

[Since the Weasel is none of these specific types of MVs.. it is exempt
from this claus]

    *(c) Self-propelled guns and howitzers.

[Again, not a SPG/SPA... it is exempt from this claus]

    (d) Military trucks, trailers, hoists, and skids specifically
designed, modified, or equipped to mount or carry weapons of Categories
I, II and IV or for carrying and handling the articles in paragraph (a)
of Categories III and IV.

[The Weasel could be counted in here, but this clause is currently not in
effect so it is irrelevant.]

    *(e) Military recovery vehicles.

[Weasel isn't one of these, so again no problems here]

    *(f) Amphibious vehicles. (See Sec. 121.4)

[Well, a Weasel *should* be covered by this using the every day
definition of "amphibious", but thanks to a rather strange definition by
the DoD in Sec 121.4 the Weasel apparently does not fit this description]

    *(g) Engines specifically designed or modified for the vehicles in
paragraphs (a), (b), (c), and (f) of this category.

[The Weasel I am in importing doesn't have an engine <g>, but even if it
did it used an unmodified civilian straight 6 Studebaker Champion engine.
 So again, exempt here]

    (h) All specifically designed or modified components and parts,
accessories, attachments, and associated equipment for the articles in
this category, including but not limited to military bridging and deep
water fording kits.
    (i) Technical data (as defined in Sec. 120.21 of this subchapter) and
defense services (as defined in Sec. 120.8 of this subchapter) directly
related to the defense articles enumerated in paragraphs (a) through (h)
of this category. (See Sec. 125.4 of this subchapter for exemptions.)
Technical data directly related to the manufacture or production of any
defense articles enumerated elsewhere in this category that are
designated as Significant Military Equipment (SME) shall itself be
designated SME.

[Both of these sections are not in effect, but are irrelevant to a Weasel
in any case]

-----------------

OK, so does anybody want to try and burts my bubble before I call up my
import/export broker and tell him to present this info to his BATF
contact?

Thanks!

Steve

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