May 19, 1997 The following is a letter I sent to the NRA lastweek..... It should be self-explanitory: Sirs: re: ATF Case #321001773009Y On page 152 of retired ATF SA Jim Moore's book, "Very Special Agents," there is an alligation that the NRA had possession of a stolen Colt 604 AR-15 during a routine inspection conducted in November, 1977. According to Moore's book, the NRA firearms ledger showed the rifle had been received pre-1958. Apparently a legal entry except, again according to Moore, Colt did not make the model 640 until 1960; a bigger problem, Colt did not make Colt 604 AR-15, SN 039840 (correct s/n 039849 sak) until 1964. Things get worse. Moore further alledges that this firearm was reported stolen by its owner in 1976 - only one year before the inspectors found it in the NRA's vault. Your help in obtaining information of the above would be greatly appreciated..... Sam A. Kersh NRA Life Member csmkersh@flash.net .................................................................. From NRA Grassroots: As promised, here is a brief rundown of the facts surrounding this story, as told by current Museum Curator Doug Wicklund: This AR-15 rifle, SN 039849, was one of the guns seized by ATF from the old Museum downtown. The gun was made by Colt under factory order #11097 on October 21, 1964 and shipped to the Museum as a deactivated piece on January 7, 1965. The individual placing the order was a Mr. Steve Percy of the Military Marketing Division of Colt Firearms in Hartford, CT. We received the gun directly from Colt in 1965 as part of a program sponsored by Colt to give museums significant pieces to fill out their collections. This gun remained in our possession, being dutifully recorded on our FFL logbooks and insurance inventories through the 70's until ATF showed up on March 9, 1978 and claimed it was a fully functional "machine gun." They took other guns at that time and it was reported in the May TAR for that year. The ATF "expert" in court was shown to be lying in cross-examination about this gun and the court found for NRA and it (along with every other gun they seized) was returned. This was reported in the November TAR of 1980. Here are the lies in specific: (lie) The gun was reported stolen by an "owner" in 1976. (truth) NRA owned the gun since 1965. We received it straight from the factory. (lie) NRA received gun pre-1958. (truth) NRA file shows gun made factory order 11097 (10/21/64) shipped as deactivated (1/7/65) (lie) The gun was a fully functional AR-15 (truth) This was a prototype piece made by Colt specifically for museum display. As Judge Gasch stated, "ATF was seeking to demonstrate that the items can be converted into something the item was never designed to be in the first place." Among the more damning things the good Judge also had to say about ATF (this is in reference to another gun they seized - but this is justtoo good to pass up) was that "the Governement has failed to prove that the item is not registered," citing evidence that the previous owner of a cutaway Lee Enfield bolt-action rifle, prior to donating the cutaway to NRA, had in fact, registered it with the BATF, thus demonstrating "the incompleteness of the Bureau's records" covering Title II weapons under the National Firearms Act. ATF couldn't find their own records on a Title II gun they seized - pretty bad. It's a good thing NRA keeps better records and keeps the facts straight. Doug Wicklund If you would like reprints of the articles mentioned, please feel free to call our Publications Division, at 1-800-672-3888, ext. 1300, and they should be able to help you out. Also, Mr Wicklund would be interested in receiving a copy of the passage from the mentioned book for his files, if that would be possible. Just send it to our headquarters, put to his attention. Hope that this helps you out. .................................................................... ------------------------------------- NRA-ILA Grassroots Division 05/08/97 E-mail: groots@nra.org National Rifle Association Institute for Legislative Action 11250 Waples Mill Road Fairfax, Virginia 22030 (800) 392-8683 http://www.nra.org