- Exactly which governmental department of the "Obama administration" purports to have authority to make these rules? Does it indeed have such authority?
- Do the statutes enabling the Civilian Marksmanship Program trump that agency's authority to prohibit import of these firearms?
- Who would have standing to challenge the agency action?
I have seem some websites suggest that the Garands were sent to Korea pursuant to the Lend Lease Act (the "LLA"). The text of the Lend Lease Act provides:
SEC. 4. All contracts or agreements made for the disposition of any defense article or defense information pursuant to section 3 shall contain a clause by which the foreign government undertakes that it will not, without the consent of the President, transfer title to or possession of such defense article or defense information by gift, sale, or otherwise, or permit its use by anyone not an officer, employee, or agent of such foreign government.
§ 40722. Functions
The functions of the Civilian Marksmanship Program are—
(1) to instruct citizens of the United States in marksmanship;
(2) to promote practice and safety in the use of firearms;
(3) to conduct competitions in the use of firearms and to award trophies, prizes, badges, and other insignia to competitors;
(4) to secure and account for firearms, ammunition, and other equipment for which the corporation is responsible;
(5) to issue, loan, or sell firearms, ammunition, repair parts, and other supplies under sections 40731 and 40732 of this title; and
(6) to procure necessary supplies and services to carry out the Program.
§ 40728A. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation
(a) Authority to Recover.— The Secretary of the Army may recover from any country to which rifles, ammunition, repair parts, or other supplies described in section 40731 (a) of this title are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) any such rifles, ammunition, repair parts, or supplies that become excess to the needs of such country.
(b) Cost of Recovery.—
(1) Except as provided in paragraph (2), the cost of recovery of any rifles, ammunition, repair parts, or supplies under subsection (a) shall be treated as incremental direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in section 40727 (a) of this title.
(2) The Secretary may require the corporation to pay costs of recovery described in paragraph (1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of section 3302 of title 31, but shall be administered in accordance with the last sentence of section 40727 (a) of this title.
(c) Availability for Transfer to Corporation.— Any rifles, ammunition, repair parts, or supplies recovered under subsection (a) shall be available for transfer to the corporation in accordance with section 40728 of this title under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.
Again, the disclaimer for the above analysis is the assumption that the Garands made it to S. Korea under the FAA or LLA. There might also be some other laws governing not just the transfer of these rifles, but specifically a transfer to the US, which might implicate powers of the President or the State Department. If they were simply sold outright to S. Korea, then their importation would probably fall within the purview of the Gun Control Act and the ATF.