TRW National Match att CMP
I as reading Emmerson book concerning Sauerman person of interest regarding the Ohio SD, A trial to determine if the TRW NM rifle 1453711 was legal to own . I downloaded the minutes of the trial off Wilipedia & would suggest others download the case REREAD THE CASE CLOSELY and comment As A jurist I read it this way The subject of the trial was the Legality of the TRW NM rifle to include rifle 1453711 On trial was NATIONAL MATCH TRW SEMI AUTO RIFLE ie TRW produced NM rifles SEE "ANY " in the conclusion below #4 Sauerman was the party of interest & not on trial, The subject was one 'One U.S. TRW 7.62"NATIONAL MATCH Rifle . Note comma before 1453711 For identification . A TRW built SEMI AUTO NM M14 rifle . Here`s what Emerson says
Civilian Ownership of the M14 NM - The 1980 court case, U. S. v. One U. S. (TRW) 7.62mm M-14 National Match Rifle, Serial No. 1453711, is worthy of mention. This federal court case was not appealed, and is not “controlling legal authority” for other situations, even within the Southern District of Ohio. Though this case applies only to this particular M14 NM rifle, it does establish that one court has determined that the M14 NM rifle as manufactured by TRW and Springfield Armory is not capable of and is not designed for automatic fire. The rifle in question was originally manufactured as a M14 National Match model, in contrast to rack grade M14 rifles converted into M14 NM configuration.
A side note The army did intend to sell NM rifles at Camp Perry in 1965
Section 920-25 Army regulation the Director of Treasury removes M14NM rifles from the 1934, 5845, 26 u.s.c. code 1934 Machine Gun Act & is not subject to tax Dated Feb 1963 . Google Army regulation 920-25 to print a copy . Then come the 1986 clause Once a MG always a MG .
Referring to the actual minutes of the case C-3-78-125 One TRW National Rifle
"Quote by TRW All NM rifles that were manufactured by us were designed by the United States Government and were manufactured and intended for use in the semi -automatic mode only Unquote "
" Quote We believe ,, in summary , that it is clear on this record that the NATIONAL MATCH was designed to shoot in the semi-automatic mode that both the United States and the Manufacturer intended that would be permanently impossible for it to operate in the automatic mode and such is the case . unquote
The NM cannot be restored to a MG since you cannot restore something that never was
Conclusion by Federal Judge Honorable Timothy S. Hogan
1. The Defendant NM was designed as and is a Semi-automatic weapon
2. The defendant NM was not designed to shoot automatically more than one shot without manual reloading. by a single pull of the trigger.
3. the same two conclusions apply to the frame or receiver of the defendant .{ the frame or receiver is simply that might be called in ordinary parlance the section of the gun containing is chamber ,trigger ,firing, mechanisms .
4.The court cannot determine on this record what it would take to convert the Defendant or "ANY" OTHER NM to a machine gun. There is no evidence on it .Since the United States claims the conversion one readily made and has the burden at least initially on that issue . the court must find to the contrary { there being no proof} Accordingly it is found and concluded that the Defendant cannot be readily restored or converted to a fully automatic weapon
Take note The Defendant or "ANY OTHER NM " Applies to" ALL" TRW NM rifles .
Remember Army Reg 520-25 Treasury declared them legal without tax
5. The Defendant is neither a machine gun as defined by u.s.c. code 5845 {a} nor a firearm ,as defined by 5845 {a}
6.
The possession of the defendant by Robert E. Sayerman on Sept 27, 1977 at Bob`s Gun Shop ,Dayton < OH was not a violation of U.S.C. 5812 {d} and the defendant is not subject to forfeiture under 26 U.S.C . 5872
The NM rifle was returned to Sauerman without appeal .
I believe any reasonable person would agree that "ANY" means all TRW & Springfield NM marked rifles not just 1453711 . The conclusion does " Not" include any M14 that was converted to NM specs . BATF concluded they are machine guns under 1986 OAMGAWAMG.. To identify a NM rifle the marking will be moved to the left to include the letters "NM" in the roll stamp before heat treating . NOT hand stamped or marked M .It appears the serial # range is 1440000 thru 1470000 for TRW NM rifles Un-conclusive
The Defendant is a TRW National Match Rifle ,
Thanks Lt1
