DECLARATION OF MONT LAMAR MENDENHALL
I, Mont Lamar Mendenhall, make the following declaration pursuant to 28 U.S.C. § 1746.
1. I am a Boeing 777 pilot (captain) for a major United States airline and have been so employed for 32 years.
2. I maintain residences in North Carolina and Florida, spending part of the year in each state.
3. I have been a firearms collector for the past 40 years, including legally registered machineguns. I also participate frequently in competitive shooting matches, both organized and unorganized, involving registered machineguns (principally submachineguns).
4. Since approximately 1978 I have bought and/or transferred approximately 55 National Firearms Act ("NFA") firearms, i.e., those which are required to be registered in the National Firearms Registration and Transfer Record maintained by the NFA Branch of the Bureau of Alcohol, Tobacco and Firearms ("BATF") in Washington, D.C.
5. In April 1998 I applied to NFA Branch for transfer authorization in order to send a registered machinegun to a gunsmith. The completed BATF Form 5, "Application for Tax Exempt Transfer and Registration of a Firearm," a blank copy of which is attached hereto, was returned to me with a note stating that the firearm concerned was not registered to me.
6. This was a frightening experience. Possession of an NFA firearm which is not registered to the possessor is a federal felony punishable by up to ten years in prison and a $10,000 fine. I am also aware of how BATF sometimes "enforces" the law by shooting first and asking questions later.
7. Because of my general awareness of BATF's sloppy record-keeping I had taken the precaution of keeping all my original NFA registration documents in a bank safe deposit box.
8. I immediately sent a copy of my original registration to the NFA Branch. Two months later the NFA Branch then approved my transfer application without any comment, apology or explanation.] [sic]
9. I am informed by various knowledgeable members of the firearms community around the country that my experience described above is not uncommon.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 21, 1998.
MONT LAMAR MENDENHALL