From the 'American Rifleman', November, 1980, page 51.

              COURT Orders Return of NRA Museum Pieces

In a court decision that included a virtual condemnation of BATF
civil forfeiture practices, a U.S. District Judge in Washington,
D.C. has ruled that seven NRA Museum display pieces confiscated
more than two years ago by the BATF be returned to the National
Rifle Association.

The ruling was made in early August by U.S. Judge Oliver Gasch who
found "no justification" for the seizure, and, in fact, noted that
BATF's action was "highly unusual" in that the "Government has
seized items from a recognized museum."

Judge Gasch emphatically rejected the BATF's contention that the
NRA was in possession of unregistered "machine guns," "destructive
devices," and "other weapons."

The seven display pieces included four unusually rare specimens of
rifles-a prototype Colt AR15, a Heckler and Kock G3, a Springfield
Armory T44 and a Harrington and Richardson T48.  Two Gyrojet
pistols designed to fire a miniature rocket-like projectiles were
also confiscated.  The seventh item seized was a sectioned model,
or cutaway Lee Enfield bolt action rifle designed as a training aid
to demonstrate the rifle's mechanism.  All of the items were
incapable of firing, either by original design, or by subsequent
"dewatting" prior to their inclusion in the NRA Museum.

Much of the case hinged on the testimony of expert witnesses and on
the court's interpretation of what constitutes a firearm, a machine
gun or other destructive device, and what the term "readily
restorable: means under provisions of the National Firearms Act. 

The Judge ruled that the four "rifles," which BATF maintained
were machine guns and were "readily restorable" to automatic firing
capability, were all prototype models designed for museum 
exhibition and not designed to fire at all.  The expert witnesses
for both sides agreed that in order to make the items capable of
firing, "a shop in which the tools would cost approximately $65,000
would be required and expert gunsmith services would be necessary." 
Judge Gasch noted that this was clearly "not within the coverage
reasonably anticipated by the key word 'readily.' "  As far as
"readily restorable," the Judge rejected the claim, saying that
BATF was "seeking to demonstrate that the items can be converted
into something the item was never designed to be in the first
place."

Of key significance in the case was Judge Gasch's ruling that
possession of the "frame or receiver" alone, without also having
the necessary parts to convert a weapon, did not constitute
possession of a machine gun.  The Judge noted that the NRA was not
in possession of any such "conversion parts" and that "a reasonable
reading of the statute (National Firearms Act) would require the
conclusion that the term "frame or receiver" is not contemplated in
isolation but together with the possession of additional parts from
which the machine gun could be assembled."

The court also ruled that the two Gyrojet pistols, which could
neither discharge a shot nor expel a projectile, and for which
ammunition was virtually unavailable, were not "firearms,
destructive devices...or readily converted" to firing condition,
they did not require registration.

Responding to BATF's contention that the cutaway Lee Enfeild rifle
required registration because it had a barrel length less than 16
inches, Judge Gasch ruled that it was simply not designed as a
weapon," that it was "a demonstration item or display piece and not
a firearm."

Judge Gasch further noted that "the Government has failed to prove
that the item is not registered," citing evidence that the previous
owner, prior to transferring the cutaway to the 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.
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Article furnished curtesy of NRA Research Department.  My thanks to
Doug Wicklund, Museum Curator and Cynth, Research Department, NRA.