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

From: islander (islander@midmaine.com)
Date: Sat Sep 29 2001 - 20:47:15 PDT


Hi Ron,

>So if they are NOT in effect, can someone explain why I have to notify DRMS
>when I sell my M35A2 w/wn and reinforced cab. Paperwork I got from seller
>and a phone call to DRMS states it IS SMI and I must comply.

Of course, I can't answer that. Perhaps they have a policy to require
this paperwork for anything that is covered by Section VII even if it is
not in force today. Since the definitions can change at any minute, this
would be prudent for them to do.

In any case, going by my limited experience with government agencies, I
am not so sure DRMS can either. I called several BATF offices, and my
export broker did as well. They all said I needed a Form 6 to import my
non-SME stuff from Canada yet the form says, VERY CLEARLY, that it does
not. Thankfully someone before me decided to not take this word as
gospell and got in touch with the "horse's mouth" at the BATF. He got a
letter to back it up too. Just a hint that the lowly people we generally
get put in touch with don't necessarily know what is going on. Of course
they might, but with the complexity of the laws...

>Until I get a
>piece of paper from the US Gov't signed by someone stating IT IS NOT, means
>I am very concerned.

Might I suggest someone find out for sure WHY something like a M35 is
considered SME? I mean, find out which clause they think applies to it.
I wouldn't take some clerk at DRMS' word for it unless the specific
clause was identified and which version of the Munitions list is being
used.

> Looking on the internet is convenient, but we all know web sites that
>aren't maintained well can be months or years out of date, with resultant
>results.

The DoD and BATF have an obligation to keep this information current.
Plus, this stuff doesn't change that often. Unless someone shows it to
be different, I feel confident that the information I have seen on both
the DoD and BATF websites are in fact correct and current. What I have
read states that things are a certain way. Conjecture that it isn't is
only that... conjecture.

Steve



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