By Stephen Advokat and Bill McCartha
Police confiscated a cache of weapons in a temporary Church of Scientology
headquarters in Dunedin after the Scientologists abandoned the based, the
Clearwater Sun has learned.
All but four of the weapons, found "about 60 days ago" in the King Arthur Courts
condominiums off State Road 580 just west of U.S. 19, are being held by Dunedin
police. State and federal authorities are investigating.
The one weapon sent elsewhere was a short-barreled Mauser, which was turned over
to the U.S. Treasury Department. Three others are apparently being held by U.S.
Customs officials in West Palm Beach.
The Mauser, a German firearm introduced around the turn of the century and used
extensively by German paratroopers during World War II, has been copied and
widely used in other countries, including the United States. It is not illegal
to own a Mauser, but federal regulations do prohibit "easily concealable"
short-barreled Mausers, a Treasury spokesman said.
Treasury's Bureau of Alcohol, Tobacco and Firearms completed its "Mauser
investigation" about three weeks ago and turned its findings over to the U.S.
attorney's office in Tampa, spokesman said.
Although sources said Treasury felt it had the evidence to support charges,
Assistant U.S. Attorney Eleanor Hill, who received the Treasury's findings, said
Wednesday she had decided not to prosecute. She declined to elaborate on her
reasons.
Federal officials said the Mauser "in its present condition" was unacceptable
for import under the National Firearms Act of 1934. Violation of the act carries
a maximum penalty of 10 years' imprisonment or a $10,000 fine or both.
A Scientology spokesman acknowledged today that 17 firearms had been imported
through Customs at West Palm Beach in mid-November. The spokesman, who termed
the "Mauser pistol" an 80-year-old collector's item, said the weapons were taken
through Customs by Scientologist John Danilovich and owned by various members of
the cult.
Scientologist Kathy Heard characterized Treasury's investigation as an example
of the department's harassment of the cult.
She said the weapons were privately owned by individual Scientologists.
"There is no prohibition in the church doctrine against hunting or target
practice," Mrs. Heard said.
It is not known how many weapons are being held by Dunedin police, but nine,
including the Mauser, were flagged by Customs officials. Five of those were
apparently cleared shortly afterward, but - by mistake - all nine were released
to the Scientologists.
Customs officials readily admit that and other errors in handling the case and
say these caused "great embarrassment to the Church of Scientology and John
Danilovich."
"We have a simple case here that if you do a lot of things, you make mistakes,"
said one Customs official. "And I think we've paid dearly for this one.
"Customs is a big enough organization to admit that we make mistakes and
apologize for them."
Customs sources said eight of the weapons were of U.S. origin and not subject to
duties. Five were later cleared, but the last four, including the Mauser, have
not been. The other three being held were described by Customs as an
inoperational shotgun, a 36-inch .22-caliber rifle and an antique revolver.
It is not Customs' job to register weapons. Once there are licensed by the
Treasury Department, it is the responsibility of local and state authorities to
register them under local and state ordinances.
Dunedin police, who two weeks ago denied having found the weapons, have been
advised by City Attorney John Hubbard not to release them unless requested to do
so by a federal agency investigating the situation or - if a valid claim is
filed - by the owner or owners.
The latter possibility seems unlikely in light of reports that representatives
of the state attorney's office are reviewing whether ownership of the weapons,
which are unregistered, violates state law.
Hubbard cited city ordinances against owning unregistered firearms, but said he
was not instructing city officials to prosecute in deference to the state
attorney's office.
Sources close to the situation said representatives of Southern Land Development
and Leasing Corp., the Church of Scientology business firm that handled the
cult's local property acquisitions last year, made a claim for the Mauser
earlier.
Southern Land paved the way for the cult to open a major headquarters in
Clearwater late last year by purchasing the Fort Harrison and the old Bank of
Clearwater building.
The Scientologists also established temporary residence in King Arthur Courts,
which had few other residents. There were widespread reports that Scientology
founder L. Ron Hubbard called the Dunedin complex home at the time the
Scientologists announced their presence in Clearwater.
Although Hubbard's whereabouts are unknown, there are indications local
officials want to question him about the weapons.
Hubbard was purportedly an explorer and adventurer before he wrote the book that
eventually became Scientology's bible. His official Scientology biography says
he was a photographer of note, but makes no mention of an interest in hunting or
weapons.
The weapons were found "on a shelf" at "about the same time the Scientologists
left," according to one source.
The Scientologists' six-month lease at King Arthur Courts expired in June.
Alterations to the cult's Clearwater holdings were apparently completed by then,
and electronic equipment and cult members were moved from Dunedin to Clearwater.
Mrs. Heard said the weapons were also crated for transport to Clearwater but
were inadvertently left behind.
Clearwater Federal Savings and Loan Association later foreclosed on the Dunedin
property, previously owned by William Dexter and now known as Dunmoor.
Local and federal authorities were reluctant to discuss the situation.
A spokesman for the state attorney's office played down the weapon find as a
"common thing," something that "happens all the time."
The spokesman initially said the state attorney's office was not involved but
was aware of the situation and the Treasury Department's interest in the Mauser.
But a Dunedin police spokesman said he could not discuss the case because the
state attorney's office was handling it, and the state attorney's office later
indicated some action might be taken within a matter of days.
Mrs. Heard said State Attorney James T. Russell's interest stemmed from his
inability to uncover illegalities on the Scientologists' part despite an
announcement that he was investigating the cult.
"Russell would investigate squirt guns in Pinellas County if he thought he could
get publicity from it," she said.
Ms. Hill, the assistant U.S. attorney who received Treasury's findings,
described her work as a "routine criminal investigation" into firearms
possession. She said she was "not going to go into the reasons" for her decision
not to prosecute, adding: "The reasons for not prosecuting had nothing to do
with the Scientologists."
Representatives of Southern Land filed for a court order in Washington in an
attempt to impede Treasury's investigation, but a U.S. district judge labeled
the request "frivolous" and denied it.
Tobias C. Tolzmann, a Scientology attorney from Hawaii who represented Southern
Land in Washington, sought to limit testing of the Mauser to determine whether
it was an antique or contraband. He also attempted to secure guarantees from the
government that the weapon did not violate federal regulations and that it would
be returned to its owner.
But ascertaining who owned the Mauser and why the weapons had been brought into
the country proved difficult for U.S. District Judge George Hart, according to
transcripts of the testimony. Here is an excerpt:
Hart: "It would appear from the pleadings that this was an abandoned gun that
was turned over by the owner of the building to the police, and so far as you
have alleged, up to this point, unless you know who owns the gun, we don't know
who the owner is.
"Furthermore, we do not know how the gun got into the country except on your
allegations... Do you know who brought the gun into the country?"
Tolzmann: "Your honor, we know, yes, we know the identity of the individual who
on behalf of some 17 others brought in a whole pack of them."
Hart: "Brought in what?"
Tolzmann: "I say, your honor, there were some 30 or 40 people traveling
together. Their baggage was commingled. One particular gentleman undertook to
take care of the matter of clearing things through customs, and he presented a
number of weapons which belong to all sorts of people, and he was the one who
passed them through customs.
"We know his identity, yes."
Hart: "What were they bringing all these weapons into the country for?"
Tolzmann: "Off-hand, your honor, I do not know."
In denying an injunction, Hart said the Scientologists' allegations of Treasury
Department harassment of Hubbard and the cult were unsubstantiated.
Ms. Hill said she was aware of court action related to the situation, but said
it neither hampered her investigation nor affected her decision not to
prosecute.
She said the federal government had difficulty establishing ownership of the
Mauser and establishing criminal intent regardings its ownership and use.
