“FBI Director Wray gifts Merrick Garland a federally-banned ‘Tommy Gun’,” BizPac Review reported earlier this month. “While addressing Garland, Wray offered him a special gift: ‘So, on behalf of the 38,000 men and women of the FBI I’d like to present to you, your very own Tommy Gun.’”
It’s not really “federally banned” per se, just highly regulated, albeit 13 states and the District of Columbia have bans.
The story included an X.com post from American Firearms Association for a C-SPAN video of the presentation that was made during Garland’s January 16 “farewell address.”
WTF!
FBI Director Christopher Wray gives Attorney General Merrick Garland a Tommy Gun as a going away present.
But these assholes want to take our guns away?
ABOLISH THE ATF (H.R. 221)
REPEAL THE NFA (H.R. 335) pic.twitter.com/nWwRLDodk3
— American Firearms Association (@2A_Freedom) January 17, 2025
Not lost on observers was the hypocrisy of the FBI Director, who arrests citizens on federal gun charges, “gifting” a “tommy gun” to an Attorney General who prosecutes them, all in spite of the Second Amendment’s clear mandate that “ the right of the people to keep and bear arms, shall not be infringed.”
“With a freaking 50 round drum! Talk about a “high-capacity ammunition feeding device! (But then, they think of us as peasants and they are the gentry),” one comment poster observed. “They’re openly mocking the average citizen… If there was ever a reason to support the 2A,” replied another.
It certainly appears that way. It also raises the question “Is the gun real, and have all the appropriate bureaucratic/”law enforcement” hoops been jumped through that would land an “ordinary citizen” behind bars for a good chunk of their life if they skipped any?
The answer to that question is unclear. Per a Politico report of the ceremony:
“Your leadership and your values have never wavered,” Wray said, presenting Garland with the kind of Tommy gun once used by agents.
That raises ethics considerations, spelled out in the Justice Management Division Departmental Ethics Office’s Gifts and Entertainment policy and enforceable federal regulations. What about superior/subordinate relationships? What about gift value? And were applicable procurement policies and authorizations followed?
It raises even more technical and legal questions, which I presented to friend and firearms designer Len Savage, President, Historic Arms, LLC, for his take on the feasibility of doing a Freedom of Information Act (FOIA) request.
“My understanding is, even if deactivated (which we don’t know yet): ‘10.1.5 DEWATS. Deactivated War Trophy (DEWAT) firearms are still firearms under the NFA,’” I noted. If it’s “real,” there are legal issues with local government…(The Politico story placed the ceremony in the Great Hall at DOJ’s Washington DC headquarters, and this search indicates it is illegal for a citizen to possess machineguns in the District. And if it’s neither “real” nor deactivated, but simply a replica, International Military Antiques (“the world leader of the military collectibles, military antiques and the militaria industry”) notes:
New made replica guns cannot be shipped to WASHINGTON DC, MA, CT, WI, NYC, (in NY, CA & KS must be used for Theatrical Purposes Only) these locations either restrict or prohibit commerce in imitation firearms that are replicas of modern firearms. We can only ship modern replica firearms to these jurisdictions under certain circumstances.
“Went over the video. Took a screen shot of the ‘Tommy gun’,” Savage replied. “Note the red muzzle indicating a replica… Could just be a red plug on real gun, but I doubt it. Most resin and metal replicas all come with this plugged muzzle.
“Drums were made in 10 round max capacity during the assault weapons ban. There are also hollow replicas out there,” he observed. “If it is a semi auto new modern version it would be a Short-Barreled Rifle (SBR) due to the 10-inch barrel shown (doubtful).
“Without better photos or better yet an examination I can NOT rule out that the gun is live. There are hundreds of examples in the National Firearms Collection DOJ has access to. Under 922 (o) DOJ/ATF could authorize the manufacture or transfer of a MG at any time to any person not prohibited. (‘or under the authority of’).
“It is possibly a live MG or even a DEWAT. However, my guess is that it is probably merely a display replica. A FOIA inquiring about the origin (as well as who manufactured it) of the ‘gift’ should also ask to clarify if it is a live firearm or made from a live firearm,” Savage concluded.
That’s what I have done, embedded below. Attorney Stephen Stamboulieh filed a FOIA request Monday asking for relevant records. With stonewalling and refusals being a hallmark of the last administration, it will be interesting to see what the FBI/DOJ position will be under a Pam Bondi/Kash Patel administration, and I’ll file a follow-up report when that becomes known.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
