March 6, 1998

Nereida W. Levine, Chief
National Firearms Act Branch
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue, N.W.
Washington, D.C.  20226

Dear Chief Levine:

Thank you for your letter of March 3, 1998, responding to my letter
dated 
January 31, 1998, regarding the legal status of four (4) H&R Handy-Guns 
that are currently registered to me, given that they were apparently 
illegally registered by BATF without my knowledge many years before I 
purchased them, and thus these firearms may be subject to forfeiture.  
These firearms bear serial numbers 5592, 29691, 50885, and 53637.  I 
raised a number of questions about these specific firearms, as well as 
about BATF's policies regarding NFA firearms it may have illegally 
registered or transferred in the pastunknown to their current lawful 
owners.

Your letter states that "the National Firearms Registration Record 
reflects that the[se] four Handy Guns are lawfully registered" to me.  
This response does not fully address the issues that I raised, as 
explained below.

There are three things at issue.  One is whether I could be prosecuted 
for possessing these gunswas there some crime?  I think the answer is 
clearly no.  It is not a crime to possess a firearm that was ever 
transferred or registered in violation of the National Firearms Act 
(NFA).  Nothing in Title 26, United States Code, ' 5861 says so.

Second is whether any of these four firearms are subject to forfeiture 
under Title 26, United States Code, ' 5872.  That seems to encompass any 
firearm ever involved in a violation of the statute.  I don't see how a 
statement that the listed guns are registered to me means BATF is 
claiming the listed guns were never, to its knowledge, involved in a 
violation of the NFA.

In short, I believe I am safe from criminal prosecution with regard to 
these four firearms, and I have always thought that.  However, then as 
now, I don't see any representation from BATF that BATF doesn't think 
these four firearms are not subject to forfeiture.  I don't see how just 
because BATF states these firearms are registered to me, means they were 
never registered or transferred in violation of the NFA and, therefore, 
subject to forfeiture.

Third is what BATF's position is regarding the legal status of NFA 
firearms that the BATF itself illegally registered or transferred.  The 
law seems to state that such firearms are subject to forfeiture 
regardless of when the violation of law occurred, and regardless of 
whether the person who bought the firearms was aware of any such 
violations.  Does BATF take any position that there is a statute of 
limitations upon such forfeitures?

An important element of my January 31, 1998, letter asked BATF for a 
statement regarding its viewpoint regarding a forfeiture action or 
actions against these specific firearms.  I would, therefore, very much 
appreciate it if you would be kind enough to state what BATF's policy is 
regarding any possible forfeiture action against these four specific 
firearms.  If BATF intends to seize these firearms because BATF without 
my knowedge illegally registered or transferred any of them in the past 
before I lawfully purchased them, I would like to be informed 
immediately.  If BATF does not intend to seize these firearms, I would 
appreciate it if you would be kind enough to state, in writing, that
BATF 
does not regard any of these firearms as subject to forfeiture.

I recognize there is, unfortunately, an adversarial element regarding 
interpretations of law as it regards gun control.  I honestly wish this 
was not so.  I hope that you will accept my good wishes and apologies
for 
continuing to bring matters of concern to your attention.  My reason for 
doing so is that I would like to have these issues publicly and openly 
resolved.

Thank you.


Sincerely,




Eric M. Larson
P.O. Box 5497
Takoma Park, Maryland 20913

cc:     The Honorable Dan Burton, Chairman
        House Committee on Government Reform and Oversight

        The Honorable Jim Kolbe, Chairman
        House Subcommittee on Treasury, Postal Service, and General 
Government

        The Honorable Orrin G. Hatch, Chairman
        Senate Committee on the Judiciary