From:   "Norman Cobb", [EMAIL PROTECTED]

 
http://www.capitolhillblue.com/2000/08/13/eng-lvrj/eng-lvrj_060216_213_506921189837.asp
Legion Post Not Ready to Give Up Arms 

August 13, 2000 
A.D. Hopkins 

In 1946 the Army issued rifles to American Legion Post 38 of
Overton, and the post has used them ever since to fire volleys
of blanks during the funerals of veterans. 

Harry Perkins, a 77-year-old charter member of Post 38 and
World War II Navy man, wonders whether anybody will fire a
salute over his own grave. 

That's because 54 years after issuing the rifles, the Army
is demanding an accounting. And it wants those weapons it
can find to be stored under conditions so onerous that post
officials feel both unable and unwilling to meet them. 

The discussion is not about assault rifles, but four 1917
five-shot, bolt-action Enfields -- the kind that Sgt. Alvin
York used to become a hero. The government dumped so many
on the surplus market after World War II that they still
retail for only about $350 in good condition. 

Some of the men who carried the Enfields up to the Overton
Cemetery on Wednesday to practice the honor guard ceremony
-- one they have conducted over the mortal remains of more
than 75 veterans -- were almost as old as those rifles.
Members of this honor guard had seen service in the South
Pacific, France, Korea and Vietnam, and at least three
different military branches. Yet they and their rifles
moved in unison through Perkins' commands: "Load." "Aim."
On "Fire!" Four blank cartridges exploded as one loud shot. 

"You'd be surprised how many veterans do want a military
funeral, and it's real important to us that they get it,"
said one of the ceremonial squad. 

In the Moapa Valley, the chances that funeral will include
a traditional rifle salute began to crumble in April with
a two-day visit from two government inspectors. They asked
to see the rifles held by Post 38, as well as those at a
local Veterans of Foreign Wars post, and the World War II
tank parked in front of the Overton Community Center. 

In June, Post 38 Commander John Fetherston, a 74-year-old
ex-paratrooper who served in the South Pacific, received
a letter saying: "Your post was issued 10 rifles in 1946.
The inspection report states that you have four M1917
rifles ... please inform this office as to what happened
to the remaining rifles issued in 1946." 

Fetherston said, "We're real upset with their demands. ...
They just gave us the rifles and walked off, and 54 years
later come back and want a detailed accounting. 

"We don't deny there were 10 rifles; because we don't know.
Nearly all the guys who were running the post in those
days are dead, and commanders have changed repeatedly, so
I don't see how they expect anyone to know. I sent them a
letter asking for the serial numbers and the exact address
those rifles were sent. And as far as I am concerned, if
they can't show us what rifles there were, none are missing." 

Perkins' recollection is that the government may have asked
the post to store its rifles in a central vault back in '46.
"But we told them that there wasn't a vault within 75 miles
of Overton, and I don't believe they sent any further
instructions. We don't have a post building, so the rifles
were stored in private homes, and come deer season I guess
some of them probably went deer hunting." 

Nowadays the veterans' rifles are stored in safes in private
homes, but the April letter warned, "Please be advised that
storing government issued weapons in a private residence is
unauthorized. ... The enclosed rifle package contains a
checklist of the current requirements and proper documents
for you to complete the retention of these weapons." 

Some of the conditions the army demanded Post 38 meet: 

--Rifles must be stored in arms room of a National Guard
Armory, U.S. Army Reserve Center, military installation or
local law enforcement agency; or, in a clubhouse with metal
doors, hardened steel bars or specified equivalents over
the windows, and either a burglar alarm or security patrol.
(Post 38 has always met in private homes and has no
clubhouse, much less a fortified one.) 

--Provide photos of the locked cabinet or gun rack where
rifles are kept. 

--Provide exterior photos of the building. 

--Provide a map to the storage facility for the convenience
of inspectors. 

--Maintain a weapons control register in which members must
sign weapons in and out for every ceremony. 

--Every year, provide a photo that must "clearly show that
the weapons have the required blank adapter fixed to the
end of the barrel." (Blanks will not cycle the actions of
modern semiautomatic and automatic rifles, and a special
blank adapter is required to do so. After the Review-Journal
pointed out that Enfields are manually operated, an Army
spokesman said that demand won't be enforced.) 

--Verify compliance with the Lautenberg Amendment, which
in turn requires the state police to perform a background
check and certify there is no record that the person held
responsible for the rifles (Fetherston thinks this means
him, as post commander) has ever been convicted of domestic
violence. Thereafter, Fetherston must make sure that no
Post 38 rifle is controlled, even temporarily for ceremonial
use with blanks, by anyone with a domestic violence record. 

"They said we can store them in a bank vault, but the local
bank says they don't want to fool with it," said Fetherston.
"And we didn't even ask at the police substation because we
decided we're not going for the rest of it. I'm not going
to ask the state police to do any background checks on me.
They can do one on me if they want to, but I'm not going
to invite them into my life. And how could I certify that
some member doesn't have a domestic violence conviction 20
years ago without doing a background check on every one?" 

Although nobody in Overton had yet suggested any desire to
give up the rifles, the Army's first letter included
detailed instructions about how to mail them back to a
government arsenal. And nobody plans to do that, either;
if the Army wants the rifles, they'll have to send somebody
to get them. 

John Hudrlik, a 55-year-old Navy veteran and finance officer
of American Legion Post 75 in Logandale, thinks those
instructions mean that the Army's main intention is to get
rifles away from veterans' groups. "They must think old
veterans are the most dangerous people in America," he
said with a laugh. "Because they've already shown
themselves willing to take up arms against an unreasonable
government." 

Ronald Morton, a spokesman for the Army's "Donation Program,"
said via e-mail Friday that despite the program's name,
ceremonial rifles have always remained government property.
"Accountability always was a factor, however, not fully
enforced," he wrote. From 1996 to 1998 it was discovered
much of the equipment had disappeared, and enforcement
has been beefed up. "Inspections are currently taking
place nationally for ALL organizations in possession of
army conditionally donated equipment," he wrote, but didn't
respond when asked what kind of organizations are involved. 

Clark Schmutz, American Legion adjutant for Nevada, said
other veterans posts in Utah and Northern Nevada have had
similar contacts from the Army, and others expect them.
"About 98 percent of the posts have no problem adhering
to the law and providing the updated paperwork," wrote Morton. 

Meanwhile, Post 38 is weighing its options. Members might
buy rifles on the open market. The members could then keep
their rifles wherever they like. 

Bill Pickett, 69, an Army veteran of the Korean War, had
another suggestion. "We might hold a mock funeral ceremony
where we throw simulated spears over the casket." 

Of course, he remarks, the Army would doubtless require the
spears to have blunted ends -- the Stone Age equivalent of
blank adapters.


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