Legal Status of cannons from War Dept to townships, cemeteries, GAR, etc.

[cannonmn]

A vet's organization contacted me.  The are faced with formerly GAR-owned cannons being sold out of cemetery by something sounding like "stupidstore."  Figures. Anyway they wanted to know the present legal status of such War-Dept. property transferred to vet's groups, townships, etc. 
After telling them to hire a competent attorney, I did some checking, and I'm not done yet but apparently there's a Congressional Pension Act of 1996 to which was attached some language prohibiting the sale of such weapons.  It supposedly incorporates a War Dept. list of 1903 which lists all the donations by type of weapon and destination.
Does anyone have more specific info, or a link to that 1996 act?
I was told this does not mean the Gov will fly out and confiscate any such weapon sold after the act, but that legislation has been used to block the public sale of weapons illegally sold in that manner, notably several field pieces froim the collection of a PA physician several years ago.

[KABAR2]

Is this cannon in the registery of Civil war cannon?  That would be a good place to start, if the GAR post transfered ownership to the vets group that should take care of the issue the problem is were any records kept of the transfer?

[Double D]

John,

We have had a discussion on this at least once of the board, but I can't find it. 

Here is a link to the  Pension act of 1996 http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.4011.RDS:

[Double D]

Well here is the  Code that allows such action, but it doesn't really clearly address title. http://www.law.cornell.edu/uscode/text/10/2572.

It does say "give" which I would say you need a lawyer to figure out if title transfers.  Lend that's pretty clear.

[Double D]

Here is the section on dispositions of property.  http://www.law.cornell.edu/cfr/text/32/736

Click on the CFR tab for the regulations that is used apply the law.

John I think you gave some very good avice when you said get a lawyer.  I might also advise the  Veterens Group to Contact the  Department of Defense direct.

[cannonmn]

Thanks, I read all the stuff linked above and none of that is exactly what we're looking for.  The prohibition on selling cannons from cemeteries is supposedly some "add on language" and the search for it continues.  My source learned of it when a Napoleon in a cem. in PA was sold, and brought in the SUVCW and lawyers, who then sued and one result was the Cong. language.  The major auction houses won't touch a cannon that was in a cemetery. although they might if they had indisputable evidence that it was removed legally prior to 1996, supposedly the date of the language we seek.

[MKlein]

I think this is a news article on this topic.
http://wnewsj.com/main.asp?SectionID=49&SubSectionID=156&ArticleID=203186
 Here  is just some of the story.
"The Sugar Grove Cemetery Association is interested in selling the cannons and replacing them with reproductions. Having the cannons on site is a liability, which increases insurance costs for the cemetery, said the association president . Additionally, cannons have been known to be stolen from cemeteries and the board could use the money, he added."

[Cannoneer]

Yeah skidmark, I'd say that this article is unmistakably a direct reference to this topic. You also happened to pick what is perhaps the most relevant paragraph in the article, at least it's definitely the funniest in a sad way. What's highlighted in blue is the body of the joke, while the punchline is in red. This could have been lifted almost whole from the playbook of one of the so called agents (usually lawyers) representing some millionaire collectors of these guns. It is the same type of spiel that these so called agents use when trying to cajole CW guns out of the hands of folks that reportedly don't possess the right to sell them.

"The Sugar Grove Cemetery Association is interested in selling the cannons and replacing them with reproductions. Having the cannons on site is a liability, which increases insurance costs for the cemetery, said association president Mac McKibben. Additionally, cannons have been known to be stolen from cemeteries and the board could use the money, he added."

"Discussion involving selling the cannons started last summer with the three-man cannon commission, McKibben said. Other commission members are new Cemetery Superintendent Jay Wilson and Fred Ertel."

"The actual cannons are estimated to sell in the $50,000 range, while reproductions cost between $2,000 and $3,500, said McKibben, who is also with the Clinton County Veterans Services Commission."

[MKlein]

Here is the Clinton County History Center page
http://www.clintoncountyhistory.org/Topical/GAR%20Monument.html
"A monument for the soldiers  who served in the Civil War was dedicated on Sunday, October 16, 1927.   This monument was made possible by the  efforts of the GAR and the WRC (Women’s Relief Corps).   The carved granite monument, ordered from  Barra Granite Works, represented a Union soldier in winter uniform on winter  time guard. While the monument features a Civil War soldier, the original  purpose was to pay tribute to soldiers of all wars and to “honor the dead.”
"As time has passed Civil War  memorabilia has increased dramatically in price, with many items being sold to  private collectors.  It is our personal  opinion, that this monument to all Clinton County veterans remain intact."
Kay Fisher, Clinton County  Historical Society
      Jim Yahle, Sons of Union  Veterans of the Civil War
Looks to me we have some crooked politicians that are seeing $$$$$
I bet these guys stomp accross the graves instead of going around too.
In the meantime the cannons are still advertised for sale on the cannon stupid store