John F. Kennedy Assassination Rifle - Later History

Later History

The rifle remained in the possession of the FBI from November 1963 to November 1966, except for brief periods in 1964 when it was loaned to the Warren Commission and tested by the U.S. Army's Weapons Evaluation Branch. Likewise, the pistol was held by the FBI from November 1963 to November 1966, except for a brief period in 1964 when it was loaned to the Warren Commission.

In December 1964, Lee Oswald's widow Marina sold whatever right, interest, or title that she had in the rifle and pistol for $5,000; and in March 1965 she sold whatever power of sale she had in them for an additional $5,000. A $35,000 additional payment to Marina Oswald was contingent upon the buyer obtaining possession "free and clear of all adverse claims."

The buyer, Denver oilman and gun collector John J. King, commenced an action in federal court in May 1965 for the recovery of the weapons from possession of the U.S. government. In response, the Alcohol and Tobacco Tax Division of the Internal Revenue Service began an in rem forfeiture proceeding against the rifle and the pistol. The U.S. District Court held that Oswald had used fictitious names when purchasing the weapons, in violation of the Federal Firearms Act of 1938, which allowed for immediate seizure and forfeiture of any such illegally obtained weapons.

The lower court's decision was reversed upon appeal in July 1966, with the appellate court holding that "There is no provision in the Federal Firearms Act requiring a purchaser to use his true name when ordering weapons from a dealer licensed under the Act", and that the government would have to acquire title to the weapons by condemnation. Thereafter, in November 1966, the U.S. Attorney General, acting under the authority provided by Public Law 89-318, published his determination that the various items considered by the Warren Commission, including the weapons which were the subject of the forfeiture proceeding, should be acquired by the United States. Upon the publication of the Attorney General's determination, "all rights, title, and interest in and to" the weapons "vested in the United States."

The buyer sued the U.S. government for damages of $5 million for the taking of the weapons, but his claim was rejected by the court, which set the case for trial, and wrote,

"The demand of plaintiff for $5,000,000 is on its face inequitable — in fact unconscionable — and would appear to be based on some projected market value which could only arise from the fact that these are curiosities which derive their character as such from the assassination and which can be exhibited on a profit basis. But the uniqueness of the items in question, in our opinion, precludes reception of evidence of market value. We can see no demonstrable market for these particular objects."

King's claim was heard at trial in federal court in 1969, where a twelve-person jury agreed with the government's contention that Lee Oswald had abandoned the rifle in 1963, therefore Marina Oswald had no claim to it or a right of sale. King received no compensation for the rifle's taking by the federal government, although he did receive $350 in compensation for the government's taking of the pistol found on Oswald at his arrest, which King had also purchased from Marina Oswald.

The rifle and the pistol are now kept in a secure location within the National Archives and Records Administration Building in College Park, Maryland.