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WAR TROPHIES: CAPTURED GERMAN PISTOLS IN TWO WORLD WARS WRITTEN BY TOM LAEMLEIN

A little R&R: GIs check in their weapons, including a captured P38 pistol,
before a short leave in Nancy, France in December 1944. Photo: NARA

To the victors go the spoils: GIs inspect a war trophy bonanza of P08 Luger pistols at Berchtesgaden at the war’s end. Photo: Patton Museum

When American troops began to deploy to France in late 1917, they would soon realize the horrors of modern warfare. But they would also find one of the few pleasures for the combat soldier, and in WWI, that meant the beginning of a joyful harvest of German war trophy pistols.

A Doughboy poses with a Langenhan pistol, officially known to German forces as the “F.L. Selbstlader Cal. 7,65.” Introduced in 1915, this is a German copy of the FN M1900. Photo: NARA

GIs show off their pistol trophies in Germany during the spring of 1945.
On the left: a Walther P38 and Mauser M1914; on the right, a Walther
P38 and Walther PPK. Photo: Author’s collection

WW I Trophy Hunting

By 1918, the German 9mm Pistole Parabellum, commonly known as the Luger pistol, became one of the most sought-after souvenirs of the Great War. The Luger and the Mauser C96 “Broom Handle” (chambered in 7.63x25mm) were not only prized trophies — the Doughboys found them quite useful and turned them against their former owners.

Even while there were plenty of U.S. .45 ACP pistols available (the M1911 auto pistol and the M1917 revolver), any red-blooded American boy will tell you two guns are better than one — particularly when your life depends on them. Even after the war was over, the American army of occupation in Germany continued its interest in war trophies, particularly the pistol variety.

The expression “The English fight for Honor, the French for Glory, but the Americans fight for Souvenirs!” is said to have originated in 1918. It is confirmed in multiple post-war assessments by German troops and civilians concerning American troops.

U.S. Intelligence officers conducted a series of interviews immediately after World War I. One letter from a German in Treves said: “The American discipline is excellent, but their thirst for souvenirs appears to be growing.” A shopkeeper from Bad Neuenahr quipped: “I alone have sold more Iron Crosses to American soldiers than the Kaiser ever awarded to his subjects.”

German pistols became scarce in the 1918–1919 era and unless you picked one up yourself (the hard way), their prices rose steeply. On the plus side, there were no gun laws in the U.S., so if a Doughboy could capture it, trade for it, or buy it, he could bring that pistol, rifle, or even machine gun home with him. After all, World War I was called “the war to end all wars” and nobody believed this world would be stupid enough to go to war again. But sadly, there would be another bigger and better chance for American troops to pick up German pistols on the battlefield just a quarter-century away.

GIs show off their pistol trophies in Germany during the spring of 1945.
On the left: a Walther P38 and Mauser M1914; on the right, a Walther
P38 and Walther PPK. Photo: Author’s collection

Impressing the girls with war trophies in 1918: These Doughboys show off
a German “coal-scuttle” helmet (M1916 Stahlhelm), a Mauser C96 pistol,
and presumably part of the original owner.

The Luger was a war trophy prized above all others. An airman of the 9th Air Force shows off his Luger at a forward airfield in France in the autumn of 1944. Photo: NARA

Act II: ETO War Trophies

When U.S. forces met German troops in combat in World War II, American interest in German pistols, particularly the Luger, was reinvigorated. The U.S. Military Intelligence publication German Infantry Weapons (May 1943) described the Luger in detail for troops in the field:

“The Luger Pistol: Since 1908, the Luger pistol has been an official German military sidearm. In Germany, Georg Luger of the DWM Arms Company developed this weapon, known officially as Pistole 08, from the American Borchart pistol invented in 1893. The Luger is a well-balanced, accurate pistol. It imparts a high muzzle velocity to a small-caliber bullet but develops only a relatively small amount of stopping power.

Unlike the comparatively slow U.S. 45-caliber bullet, the Luger small-caliber bullet does not often lodge itself in the target and thereby impart its shocking power to that which it hits. With its high speed and small caliber, it tends to pierce, inflicting a small, clean wound. When the Luger is kept clean, it functions well. However, the mechanism is rather exposed to dust and dirt.

“Ammunition: Rimless, straight-case ammunition is used. German ammunition boxes will read ‘Pistolenpatronen 08’ (pistol cartridges 08). These should be distinguished from ‘Exerzierpatronen 08’ (drill cartridges 08). The bullets in these cartridges have coated steel jackets and lead cores. The edge of the primer of the ball cartridge is painted black. British- and U.S.-made 9mm Parabellum ammunition will function well in this pistol; the German ammunition will, of course, give the best results.”

In the beginning: A Doughboy starts the American combat soldiers’ tradition of collecting the German P08 Luger in France, 1918. Photo: Author’s collection

This Doughboy added an Artillery Luger to his holstered
M1911 pistol in France, 1918. Photo: NARA

Don’t Touch That …

The Luger’s popularity among U.S. troops did not go unnoticed by the Germans. Several wartime cautionary tales emerged as the Luger was sometimes used as “bait” for a booby-trap, ready to catch an over-eager trophy hunter. Other claims were circulated that German troops executed Americans captured carrying German pistols, but this was never substantiated. The February 1945 edition of the U.S. Intelligence Bulletin contained this warning:

“Charges Concealed in Weapons. The Germans sometimes conceal a small charge in the mechanism of a rifle or Luger pistol that they plan to leave behind in a fairly obvious place, to attract the attention of Allied soldiers. The charge, which is sufficiently powerful to injure a man severely, is detonated if the trigger of the weapon is pressed.”

If looks could kill: Stern-faced Doughboy with a captured Mauser
C96 pistol in the Ardennes in October 1918. Photo: NARA

Souvenirs from the Hindenburg Line battle in October 1918: A member of the 27th Division displays his captured Pickelhaube, Iron Cross, binoculars, and Lange Pistole 08 “Artillery” Luger (7.9″ barrel). Photo: NARA

Sometimes, the trophy became a prime weapon. This GI clutches a fragmentation grenade in one hand and a captured Walther P38 pistol in the other during the bitter street fighting in Brest, France in September 1944. Photo: NARA

Bring-Backs & Send-Homes

Such was the mania among GI souvenir hunters to pick up German pistols (and any other German firearm) on the battlefield that the U.S. Army and the U.S. Customs Bureau went to great lengths to approve, then control, and then ultimately restrict American troops’ ability to bring or send the captured weapons home.

Beginning in 1944, a U.S. government certificate (often called “capture papers”) was provided to GIs that would allow them to send home or carry home a wide range of war trophies. Signed by their commanding officer, these rather vague certificates gave troops a near carte blanche to pass almost any captured firearm through U.S. customs, at least for a time.

Shortly after the war ended, a U.S. Army regulation effective May 28, 1945, limited War Trophy firearms to one per soldier and strictly enforced the prohibition of the importation of machine guns. It all looked good on paper anyway, but most GIs (and apparently their officers) ignored it. Your dad or grandpa put his captured pistol in his duffel bag and carried it home, or he packaged it up and mailed it to the states.

I’ve never seen any credible estimate on the number of German pistols brought home from the world wars. I’m not good at math, so I won’t guess at the total — other than to say, “a lot.” Even so, it is rare to find a WWII trophy pistol complete with its capture papers — the documentation doesn’t change much, but it is an interesting notch on a collector’s belt.

A tank crewman poses by his M24 Chaffee light tank with a captured
Mauser C96 pistol on his hip in Germany in the spring of 1945.
Photo: Author’s collection.

A captured Artillery Luger displayed for the camera, with
42nd Division in France, March 1918. Photo: NARA

Technicalities

I did a little digging and found how Uncle Sam defined “war trophies” and the guidelines of how they could be possessed and brought to the United States as personal property.

“War Trophy: In order to improve the morale of the forces in the theatres of operations, the retention of war trophies by military personnel and merchant seamen and other civilians serving with the United States Army overseas is authorized under the conditions set forth in the following instructions. Retention by individuals of captured equipment as war trophies in accordance with the instructions contained herein is considered to be for the service of the United States and not in violation of the 79th Article of War.
“All effects and objects of personal use — except arms, horses, military equipment, and military papers — shall remain in the possession of prisoners of war, as well as metal helmets and gas masks.

“When military personnel returning to the United States bring in trophies not prohibited, each person must have a certificate in duplicate, signed by his superior officer, stating that the bearer is officially authorized by the theatre commander, under the provisions of this circular, to retain as his personal property the items listed on the certificate. The signed duplicate certificate will be retained by the Customs Bureau; the original will be retained by the bearer.

“Military personnel in theaters of operations may be permitted to mail like articles to the United States, except that mailing of firearms capable of being concealed on the person is prohibited. Parts of firearms mailed in circumvention of this prohibition are subject to confiscation by postal authorities. Parcels mailed overseas which contain captured materiel must also contain a certificate in duplicate, signed by the sender’s superior officer, that the sender is officially authorized by the theater commander to mail the articles listed on the certificate. The Customs Bureau will take up the signed duplicate certificate and leave the original inside the parcel.

“By order of the Secretary of War: G.C. Marshall Chief of Staff August 21, 1944.”

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Justice Department, ATF Issue Final Rule on What It Means to be “Engaged in the Business” of Selling Guns By TTAG Contributor

On the 31st anniversary of the Federal government’s assault on the Branch Davidian complex in Waco, Texas, more questions are being asked about another gross case of government overreach regarding the botched March 19 ATF SWAT team raid that killed Little Rock Airport executive director, Bryan Malinowski.

Just as in Waco where more than 900 FBI and ATF agents attempted to storm the complex by pumping tear gas into the building and ramming it with armored vehicles, leading to a conflict that caused fires that killed 76 people, Malinowski, was awakened by an ATF SWAT team storming into his home in the middle of the night. When he ran from his room, armed and unsure of who was invading his home, agents shot and killed him.

The very rule the ATF has used to justify their storming of the man’s house in the middle of the night is just now being issued and won’t be made final until 30 days after it appears in the Federal Register.

The Justice Department announced last week it had submitted to the Federal Register the “Engaged in the Business” Final Rule, which makes clear the circumstances in which a person is “engaged in the business” of dealing in firearms and thus required to obtain a federal firearms license, in order to increase compliance with the federal background check requirement for firearm sales by federal firearms licensees. Here’s what they had to say:

“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” said Attorney General Merrick B. Garland. “This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”

“The Bipartisan Safer Communities Act enhanced background checks and closed loopholes, including by redefining when a person is ‘engaged in the business’ of dealing in firearms. Today’s rule clarifying application of that definition will save lives by requiring all those in the business of selling guns to get a federal license and run background checks — thus keeping guns out of the hands of violent criminals,” said Deputy Attorney General Lisa Monaco. “I applaud the hard work of ATF in drafting this rule and reviewing the hundreds of thousands of public comments, which overwhelmingly favored the rule announced today. Because of that work, our communities will be safer.”

“This is about protecting the lives of innocent, law-abiding Americans as well as the rule of law. There is a large and growing black market of guns that are being sold by people who are in the business of dealing and are doing it without a license; and therefore, they are not running background checks the way the law requires. And it is fueling violence,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

“Today’s Final Rule is about ensuring compliance with an important area of the existing law where we all know, the data show, and we can clearly see that a whole group of folks are openly flouting that law. That leads to not just unfair but, in this case, dangerous consequences.”

The Bipartisan Safer Communities Act (BSCA), enacted June 25, 2022, expanded the definition of engaging in the business of firearms dealing to cover all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominately earn a profit through the repetitive purchase and sale of firearms.

On March 14, 2023, President Biden issued Executive Order 14092, which, among other things, directs the Attorney General to develop and implement a plan to clarify the definition of who is engaged in the business of dealing in firearms and thus required to obtain a federal firearms license.

The Final Rule conforms the ATF regulations to the new BSCA definition and further clarifies the conduct that presumptively requires a license under that revised definition, among other things.

Federally licensed firearms dealers are critical to federal, state, local, Tribal, and territorial law enforcement in our shared goal of promoting public safety.

Licensees submit background checks on potential purchasers to the FBI’s National Instant Criminal Background Check System, which helps to keep firearms out of the hands of prohibited persons.

Further, licensees keep records of sales transactions to help ensure that when a gun is used in a crime and recovered by law enforcement it can be traced back to the first retail purchaser; they help identify and prevent straw purchasers from buying firearms on behalf of prohibited persons and criminals; and they facilitate safe storage of firearms by providing child-safety locks with every transferred handgun and offer customers other secure gun storage options.

Unlicensed dealing, however, undermines these public-safety features — which is why Congress has long prohibited engaging in the business of dealing in firearms without the required license. 

To increase compliance with the statutes Congress has enacted, the Final Rule identifies conduct that is presumed to require a federal firearms license. And, in addition to implementing the revised statutory definition discussed above, the Final Rule clarifies the circumstances in which a license is — or is not — required by, among other things, adding a definition of “personal firearms collection” to ensure that genuine hobbyists and collectors may enhance or liquidate their collections without fear of violating the law.

The Final Rule also provides clarity as to what licensees must do with their inventory when they go out of business.  

The Final Rule goes into effect 30 days after the date of publication in the Federal Register.

On Sept. 8, 2023, the  Justice Department published a notice of proposed rulemaking, and during the 90-day open comment period, ATF received nearly 388,000 comments.

The final rule, as submitted to the Federal Register, can be viewed here.

And this is what the ATF announced:

On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022), which broadened the definition of when a person is considered “engaged in the business” as a dealer in firearms (other than a gunsmith or pawnbroker). 

The Final Rule clarifies that definition. It will be published in the Federal Register and will be effective 30-days from publication.

This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public. 

The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by:

  1. clarifying the definition of “dealer,” and defining the terms “purchase,” “sale,” and “something of value” as they apply to dealers;
  2. adding definitions for the term “personal collection (or personal collection of firearms, or personal firearms collection),” and for “responsible person”;
  3. setting forth conduct that is presumed to constitute “engaging in the business” of dealing in firearms, and presumed to demonstrate the intent to “predominantly earn a profit” from the sale or disposition of firearms, absent reliable evidence to the contrary, in civil and administrative proceedings;
  4. clarifying that the intent to “predominantly earn a profit” does not require the person to have received pecuniary gain, and that intent does not have to be shown when a person purchases or sells a firearm for criminal or terrorism purposes;
  5. clarifying the circumstances when a person would not be presumed to engaged in the business of dealing in firearms, including as an auctioneer, or when purchasing firearms for, and selling firearms from, a personal collection;
  6. addressing the procedures former licensees, and responsible persons acting on behalf of such licensees, must follow when they liquidate business inventory upon revocation or other termination of their license; and
  7. clarifying that licensees must follow the verification and recordkeeping procedures in 27 CFR 478.94and Subpart H, rather than using an ATF Form 4473 when firearms are transferred to other licensees, including transfers by a licensed sole proprietor to that person’s personal collection.

Read Final Rule

Based on their own wording, it is unlikely Malinowski was making the majority of his income from selling firearms since being the executive director of a national airport pays pretty well last time we checked. (It’s ironic that the airport he was director of is the Bill and Hillary Clinton National Airport as Bill Clinton was president of the United States and head of the federal government at the time the Waco siege took place.)

And despite this new rule from the ATF, it will be of no help to them in defending their actions in Little Rock. The “Engaged in the Business” rule may be part of the falsely named “Bipartisan Safer Communities Act,” but for one Little Rock family, it has already cost them a life.

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