It sounds like no one actually talked to a good lawyer who knew gun laws and
non-profit law before making decisions. It sounds quite strange that a
historical society would be termed as a "private" museum. Most historical
societies are a 501-type organization and therefore would be a "public"
organization. Strictly speaking a state museum is not a "public" entity but
a "governmental" entity. I guess, the lesson here is that a knowledgeable
attorney is critical in acquisition and de-accessioning decisions.
nburlakoff

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On Behalf
Of Andree Miller
Sent: Thursday, October 30, 2003 9:37 AM
To: [log in to unmask]
Subject: Weapons in historical societies

I worked at a historical society in Pennsylvania and ran into similar
difficulties about 8 years ago.  I had a staff member at another museum, who
was an expert in weapons and other militaria, offer to help do some basic
cataloging of my institution's military collections.  At that time he
informed me that we held weapons that we could not legally hold.  From what
I remember, he told me there were regulations (Federal perhaps?) that
restricted what a private museum could own versus what a "public" (i.e. a
state museum) could own.  The items in question had wonderful provenance to
the county in which they were held and I was reluctant to dispose of them.
We then made arrangements to "give" the items to a museum that could legally
own them and then loan the items back to my institution so we would be in
legal compliance.  I found that local officials, though they are well
intentioned, really didn't understand the laws/rules regarding weapons as
they applied to museums.  I would seek out professionals at museums in your
state that have large collections of weapons on display and seek their help
in identifying the appropriate rules/laws for museums.  If they can't help
they should be able to provide you with some contacts who will help you get
through the maze.

Andree Miller
Historic Site Director
The Pearl S. Buck House
Perkasie, PA
215-249-0100 x119
[log in to unmask]

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