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RP1911
02-04-2008, 7:04 PM
The Beretta BM59 is listed as an AW. The BM69 is not listed. The DOJ called my friend and told him that it needed to be disposed of out of state.

My friend mentioned that it was a BM69 not 59. The DOJ was admant that it needed to go out of state. the previous owner passed away and the estate is trying to sell this. DOJ knew the previous owner had this because they specifically asked about it. My guess is it was registered as an AW. by the previous owner.

CSDGuy
02-04-2008, 7:21 PM
Do you have any idea why it was registered in the first place? If it's not listed by make/model and it has no "evil" features... it shouldn't be listed or should be de-listed.

Of course, I'm not an expert in this sort of stuff...

RP1911
02-04-2008, 7:26 PM
It's just a guess on my part that it was registered since the DOJ staff person called and asked about it and a few others. I guess what the estate executor should do is ask for a list of registered AW that the previous owner had and then have the BM69 de-registered if indeed it was registered as an AW.

hoffmang
02-04-2008, 7:34 PM
If a BM-69 does not have any of the prohibited features (and most should not) it is not an AW even if it was registered as one. One can ignore the DOJ or write them a letter explaining why its legal and asking them to clarify why it is not. Odds are you will get no response and you'll have estopped them from prosecuting due to their lack of response. Send it with proof of delivery.

-Gene

RP1911
02-04-2008, 7:40 PM
This one has no features.

Thanks for the suggestion regarding the letter. I'll have the estate executor do that.

M. Sage
02-04-2008, 7:43 PM
The Beretta BM59 is listed as an AW.

Negative. The Beretta BM59 isn't listed, but the Springfield Armory BM59 is.

RP1911
02-04-2008, 8:15 PM
Thanks Sage.

I looked at theRoberti-Roos list. Springfield BM59 is listed. the only Beretta listed is the AR-70.

On page 30 of the PDF file, there is a picture of the Springfield. the barrel on the Springfield is longer than the BM-69 Beretta.

At the bottom of the identification picture, the following is included:

MANUFACTURER: Springfield Armory
MARKINGS: BM59 found in various locations on the firearm.
Comments: Shown here without the detachable magazine. The marking “Beretta” may also be
found but is not material to identifying it as an assault weapon.

Bold and Italics mine. What does that mean?

hoffmang
02-04-2008, 8:17 PM
That means that before Harrot v. County of Kings, DOJ plausibly thought that guns that were similar were included. After that case its quite clear that if the make and model on the side of the firearm are not on the list then the gun is not an AW. The executor will need to read and cite Harrot (http://www.hoffmang.com/firearms/Harrot-v-County_of_Kings.pdf) in the letter.

-Gene

RP1911
02-04-2008, 8:19 PM
Ok. I asked because the rest of the parts are stamped BM59. The receiver is definitely marked Beretta BM 69.

hoffmang
02-04-2008, 8:32 PM
The receiver is the only part that matters for AW identification.

-Gene