Basically all that means is that when you retire from the army,
you can get away with keeping your uniform and camping gear and that AK47 you
acquired slightly used on the battlefield, but you've got to give back
any guns, ammo, bombs, tanks, and aircraft that belong to the US army,
though it looks like your flare gun may be keepable.
(There may be other rules that say you have to give the other stuff back,
but most vets I've known kept stuff.)
Also, your War-Against-The-South black-powder musket wasn't owned by the
Department of Defense, though it may have been owned by the War Department.
(When was it renamed - after WW2 I think?)
>This language allows the Secy of Defense to order civilians to surrender
>large classes of stuff formerly owned by the DoD, and have it destroyed
>*at their own expense*. Naturally it includes small arms. No, there
>are no dates of DoD ownership. Your Civil War 3-band Enfield musket
>is included. Your M1873 Trapdoor carbine. And everything since.
>
>This is Clintonism Rampant. I've not cut it down -- your congressperson
>doesn't get a cut down version, either. This is all buried in
>in a Subtitle of the defense funding for next year. The definition
>of "Significant Military Equipment" is not in the bill -- it's
>included by reference from the ITAR, and that's shown below the bill.
>
>Significant M. eq. includes nuclear weapons. Also cap and ball pistols.
>Read 'em and weep.
>
><redacted>
>
>
> = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
>
>
>HR4205 Floyd D. Spence National Defense Authorization Act for Fiscal
>Year 2001 --
>
>Subtitle G--Other Matters
>
>SEC. 361. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT
>MILITARY EQUIPMENT FORMERLY OWNED BY THE DEPARTMENT OF DEFENSE.
>
>(a) AUTHORITY TO REQUIRE DEMILITARIZATION AFTER DISPOSAL- Chapter
>153 of title 10, United States Code, is amended by inserting after
>section 2572 the following new section:
>
>`Sec. 2573. Significant military equipment: continued authority
>to require demilitarization after disposal
>
>`(a) AUTHORITY TO REQUIRE DEMILITARIZATION- The Secretary of Defense
>may require any person in possession of significant military
>equipment formerly owned by the Department of Defense--
>
>`(1) to demilitarize the equipment;
>
>`(2) to have the equipment demilitarized by a third party; or
>
>`(3) to return the equipment to the Government for demilitarization.
>
>`(b) COST AND VALIDATION OF DEMILITARIZATION- When the demilitarization
>of significant military equipment is carried out by the person in
>possession of the equipment pursuant to paragraph (1) or (2) of
>subsection (a), the person shall be solely responsible for all
>demilitarization costs, and the United States shall have the right
>to validate that the equipment has been demilitarized.
>
>`(c) RETURN OF EQUIPMENT TO GOVERNMENT- When the Secretary of
>Defense requires the return of significant military equipment for
>demilitarization by the Government, the Secretary shall bear all
>costs to transport and demilitarize the equipment. If the person
>in possession of the significant military equipment obtained the
>property in the manner authorized by law or regulation and the
>Secretary determines that the cost to demilitarize and return the
>property to the person is prohibitive, the Secretary shall reimburse
>the person for the purchase cost of the property and for the
>reasonable transportation costs incurred by the person to purchase
>the equipment.
>
>`(d) ESTABLISHMENT OF DEMILITARIZATION STANDARDS- The Secretary of
>Defense shall prescribe by regulation what constitutes demilitarization
>for each type of significant military equipment.
>
>`(e) EXCEPTION FOR GOVERNMENT CONTRACTS- This section does not
>apply when a person is in possession of significant military
>equipment formerly owned by the Department of Defense for the
>purpose of demilitarizing the equipment pursuant to a Government
>contract.
>
>`(f) DEFINITION OF SIGNIFICANT MILITARY EQUIPMENT- In this section,
>the term `significant military equipment' means--
>
>`(1) an article for which special export controls are warranted
>under the Arms Export Control Act (22 U.S.C. 2751 et seq.) because
>of its capacity for substantial military utility or capability, as
>identified on the United States Munitions List maintained under
>section 121.1 of title 22, Code of Federal Regulations; and
>
>`(2) any other article designated by the Department of Defense as
>requiring demilitarization before its disposal.'.
>
>(b) CLERICAL AMENDMENT- The table of sections at the beginning of
>such chapter is amended by inserting after the item relating to
>section 2572 the following new item:
>
>`2573. Significant military equipment: continued authority to
>require demilitarization after disposal.'.
>
>(below is the extract of the CFR defining "significant military
>equipment"...they have designated the significant military eqiupment
>by using asterisk.)
>
>-------------------------
>[Extracted from Amendments to the International Traffic in Arms
>Regulations (ITAR) printed in 22 Code Federal Regulations (CFR)
>Part 120, et al, by DoS, July 1993. Further details can be found
>in the CFR.]
>
>121.1 General. The United States munitions list.
>
>(a) The following articles services and related technical data are
>designated as defense articles and defense services pursuant to
>sections 38 and 47(7) of the Arms Control Act (22 U.S.C. 2778 and
>2794(7)). Changes in designations will be published in the Federal
>Register. Information and clarifications on whether specific items
>are defense articles and services under this subchapter may appear
>periodically in the Defense Trade News published by the Center for
>Defense Trade.
>
>(b) Significant military equipment: An asterisk precedes certain
>defense articles in the following list. The asterisk means that
>the article is deemed to be "significant military equipment" to
>the extent specified in 120.19. The asterisk is placed as a
>convenience to help identify such articles.
>
>[Note: "Significant military equipment" means
>articles for which special export controls are warranted because
>of their capacity for substantial military utility.]
>
>(c) Certain items in the following list are placed in brackets.
>The brackets mean that the item is (1) scheduled to be moved to
>the licensing jurisdiction of the Department of Commerce upon
>establishment of a foreign policy control or (2) in the case of
>spacecraft and related equipment, the item is under review by an
>interagency space technical working group. The interagency review
>will result in a recommendation as to whether an item should be
>moved to the jurisdiction of the Department of Commerce or to USML
>category XV which was established for that purpose.
>
>(d) Missile Technology Control Regime Annex (MTCR). Certain defense
>articles and services are identified in 121.16 as being on the
>list of MTCR Annex items on the United States Munitions List. These
>are articles as specified in 120.29 of this subchapter and appear
>on the list at 121.16
>
>Category I --Firearms
>
>*(a) Nonautomatic, semi-automatic and fully automatic firearms to
>caliber .50 inclusive, and all components and parts for
>such firearms. (See 121.9 and 123.16--123.19 of this subchapter.)
....... [various other categories]......
>(d) Military pyrotechnics, except pyrotechnic material having dual
>military and commercial use.
Thanks!
Bill
Bill Stewart, [EMAIL PROTECTED]
PGP Fingerprint D454 E202 CBC8 40BF 3C85 B884 0ABE 4639
