Re: Senate Bill 1438 has passed. . .Senator Craigs Comments


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Posted by Rick on Thursday, October 04, 2001 at 6:38AM :

In Reply to: Senate Bill 1438 has passed. . . posted by Pat Holscher on Wednesday, October 03, 2001 at 10:45AM :

This is from the Congressional Record on the S1438 debate. At least someone understands our concerns. My senators would not even return my phone calls.

Mr. CRAIG. Mr. President (Addressing President of the Senate), in reviewing S. 1438, I came across a provision that would have disastrous consequences, no matter what its original intentions might have been.

I am talking about section 1062, making it unlawful for individuals to possess any ``significant military equipment'' ever owned by the Department of Defense that is not demilitarized and giving the Attorney General the authority to seize such items. ``Significant military equipment'' can mean a wide variety of goods; for example, it can include military vehicles, aircraft, ammunition, firearms and parts. ``Demilitarization'' can mean a number of things, too, including cutting or destruction.

The Department of Defense already can, and does, demilitarize some military equipment before surplusing it. I am not advocating a change in that current authority.

However, section 1062 of S. 1438 goes well beyond this current authority. By making possession of such equipment illegal, it would create tens of thousands of lawbreakers overnight, veterans, collectors, sportspeople, even museums that have been legally purchasing surplus equipment from the government for decades. Worse, this section provides for the confiscation and destruction of items that are now private property.

Consider the chaos and injustice that would result from enactment of this provision. Veterans service organizations across the country who have acquired military firearms to use for ceremonial purposes, they would be criminals. Americans who learned to shoot and acquired a firearm through the government's own Division of Civilian Marksmanship program would find themselves being served with a warrant by the same government for the same firearm. Museum displays or airshows featuring military vehicles or crafts would be threatened. A firearm containing a military surplus replacement part would now be subject to confiscation and destruction or begin rendered inoperable. In my own state, a collector of military Jeeps would risk losing his investment and his collection through no fault of his own.

This provision is breathtaking in its reach and unfairness, capturing millions of items and their law-abiding owners. This is why an even less-onerous provision in the last DOD Authorization bill was dropped during the House-Senate conference on that bill. That same conclusion must be reached by the conferees on S. 1438; this provision must be dropped in order to prevent certain harm.






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