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Posted by Brian in Oregon on Thursday, October 04, 2001 at 12:16PM :

In Reply to: Cool heads in a fight are best posted by Gil on Wednesday, October 03, 2001 at 5:24PM :

Those sections on reimbursement fail to show on some websites. Does the actual CURRENT version state exactly what you say it does? Or has the wording been mutating when the bill number changed or is ther a difference between the original House and the current Senate version?

BUT, even IF reimbursement is required, keep in mind that it is the GOVERNMENT who decides value, not YOU. Witness what happened in Australia for reimbursement of firearms. Some people really got screwed out of their true value. One antigun group in Oregon tried to "compensate" owners of so-called "assault weapons" at about a 1/4 to a 1/3 of their true value, and then worse your "compensation" was a tax deduction on your state income tax form, making the true "compensation" about 1/10th the value (fortunately this petition for a ballot measure died in infancy). Does anyone really think gov.org is going to value a GE Minigun at $120,000, a surplus M-47 tank at $90,000 or a B-24 at $1,000,000?

Look at this: "(B) reimburse the person for the cost incurred by that person to acquire the equipment if the Secretary determines that the cost to demilitarize and return the property to the person would be prohibitive."

"Cost incurred to acquire the equipment". States it pretty clear that this is what you paid the surplus dealer for it when you bought it. Not the fair market value of it. Not the cost to restore it. Not the cost of all the parts you had to buy to fix it. Not the natural appreciation that increased its value. Just what it cost you to buy it in the first place. (And anyone claiming they bought it from a private party at a higher cost may have to spend a lot in court to win their point.)

And remember. With guns, the owner was not allowed to retain his property while he fought in the courts over its value. Many Aussies got burned that way.

Bottom line - regardless of whether you are compensated at fair market value, surplus value, or not compensated at all, this is a bad law.



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