Kyle Myers (FPS Russia) raided


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MachIVshooter
April 1, 2013, 11:21 AM
http://onlineathens.com/local-news/2013-03-27/atf-agents-lead-search-explosives-carnesville-home

Sounds like feds grasping at straws to me. Go after the high profile gun guys, try to scare the average Joe. Can we say propaganda war?

And no, this is not April Fools.

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JustinJ
April 1, 2013, 11:35 AM
Sounds like feds grasping at straws to me. Go after the high profile gun guys, try to scare the average Joe. Can we say propaganda war?

Average Joe? Given essentially none of us have legal access to many of the weapons used in the videos i think that's a stretch. Let's also not forget about the murder and the feds made statements about explosives.

FitGunner
April 1, 2013, 11:48 AM
Yeah, this might be related to the murder investigation but it is not really known yet. I am not sure that they can go after him for the explosives and profiting stuff. He did not, that I know of, manufacture the explosives but purchased them. I am sure he makes money off the videos though.

-v-
April 1, 2013, 11:51 AM
The charges definitely look like fishing on the ATF's part. "Manufacturing explosives for commercial use/profit"? If mixing tannerite together is "manufacturing explosives" then I guess under the strict sense of the law yes, he was.

However, the conflicting testimony from the Sheriff's department that this raid was in connection to the murder of his partner seems to present a more muddled picture.

Wait and see...

Solo
April 1, 2013, 11:55 AM
What day is it today?

sixgunner455
April 1, 2013, 11:59 AM
What day is it today?

You already know the answer to that, but the story broke last week.

LiENUS
April 1, 2013, 11:59 AM
What day is it today?
Today is April first but the article is from March 29th

-v-
April 1, 2013, 12:01 PM
Solo - sadly I think this is a legitimate news article. Plus, it was posted on the 29th - last Friday.

-e-: Just to re-iterate, I think this article is legit from last week :p.

Certaindeaf
April 1, 2013, 12:07 PM
Dang, they must cater to retards with all their hotlinks to every other word and what words they conveyed were actually worthless to the "issue". and forty agents when all you gotta do is knock on the front door, remove actor/s and secure the premises for search?

CoRoMo
April 1, 2013, 12:44 PM
Here's the article I first read from the 28th... http://www.guns.com/2013/03/28/fpsrussia-home-raided-by-atf/?utm_source=rss&utm_medium=rss&utm_campaign=fpsrussia-home-raided-by-atf

“It’s difficult for people to understand how [Myers] makes a living off of a monetized Youtube channel.”
...
...Coes said that the warrant is usually the beginning of an investigation.

Wandel said that she and Myers are in shock about all this, but are trying to help with authorities the best they can. “I offered them the accounts over a month ago,” she said due to the lack of understanding of how Youtube paid it’s directors like FPSRussia.
Looks like this began months ago with inquiries about money. The ATF appears to be in the dark about how YouTube channels make money and the investigation originated around that issue.

He recently had a video with supposed HE50bmg ammo but in the same video he made a remark that he had packed the target with an explosive recipe of his own. Whether or not these comments in an entertainment context would/should be enough to raid his home and his father's property, I don't know but it seems like the ATF didn't have a whole bunch of evidence to begin with and their raid turned up nothing to add.

If they are just fishing, it would be like the feds raiding the home of Brad Pitt because of some comments he made while portraying a fictional character in a video.

tyeo098
April 1, 2013, 12:49 PM
So if I film myself building an AR and host the how-to on youtube, I'm manufacturing firearms for profit without a license.

Bovine Fecal Matter.

I also pretty sure the laws 'DEALING IN THE BUSINESS OF' mixing tannerite and filming it is not being in the business of mfg explosives. Profit has nothing to do with it.

Steel Horse Rider
April 1, 2013, 01:21 PM
Making black powder at home, if you allow others to use it, could possibly make you in violation. They will kill us by a thousand laws, sooner or later you too will be in violation.

MachIVshooter
April 1, 2013, 01:38 PM
Average Joe? Given essentially none of us have legal access to many of the weapons used in the videos i think that's a stretch. Let's also not forget about the murder and the feds made statements about explosives.

My point is that they've been going after high profile people in the gun crowd left and right lately.

"We're watching, and we will bust you, even if we're not sure you've broken any laws"

hso
April 1, 2013, 01:43 PM
Lets avoid giving HuffPost any traffic if we can.

Here's the article from Athens GA.
http://onlineathens.com/local-news/2013-03-27/atf-agents-lead-search-explosives-carnesville-home

Nearly 40 law enforcement officers converged Tuesday on the property of a Franklin County man whose business partner was shot to death in January in a homicide that continues to trouble investigators.
U.S. Alcohol, Tobacco and Firearms agents supervised the raid geared at finding explosives used by Kyle Myers, 26, because the ATF believes Myers may be violating a federal law regulating such explosives, according to ATF spokesman Richard Coes.
Federal agents, accompanied by Georgia Bureau of Investigation agents and deputies with the sheriff’s offices in Franklin and Hart counties, raided the Royston residence of Myers. Authorities also raided on Tuesday the 60-acre farm of Lamar Myers, Kyle’s father, in Lavonia.
No arrests were made, nor did Coes know if any explosives were seized.
“The idea at one of the locations was to take firearms, but they did not do that,” Coes said.

mrvco
April 1, 2013, 01:48 PM
I was reading about this yesterday... it is an interesting situation.


The guy who was murdered, Keith Ratliff, had a Class 10 FFL.
The star of the videos, Kyle Myers, is an American faking a Russian accent (at first I thought the Russian Mafia might have been upset with his act and knocked off the wrong guy).
The federales tossed his property and reportedly found no infringing firearms or explosive materials, nor the "murder weapon".
It "sounds like" the federales think something fishy is going on, but can't prove anything and are trying to use "You made money on a YouTube video of an otherwise legal explosion" like they use "Tax Evasion" charges to prosecute organized criminals and other people who get sideways with them that they can't prosecute otherwise.

Texan Scott
April 1, 2013, 04:30 PM
If profiting from filming an explosion equates to "explosives manufacture for profit", Hollywood is in deep doodoo....

Just sayin'.

esheato
April 1, 2013, 04:55 PM
Hollywood is in deep doodoo....

Don't be ridiculous, they'll be wavered...

Texan Scott
April 1, 2013, 05:02 PM
You're not suggesting the feds would enforce the law selectively, are you? That's crazy talk! If tgey did that, the next thing you know, they'd be selectively enforcing drug law, or immigration ...

There is still, in this country, such a thing as the rule of law and equal protection under the law.... isn't there?

jerkface11
April 1, 2013, 05:38 PM
Lol yeah right

tarosean
April 2, 2013, 03:17 AM
If profiting from filming an explosion equates to "explosives manufacture for profit", Hollywood is in deep doodoo....



Quite certain they have the necessary permits.

Speaking of, the ATF really started cracking down on businesses who use explosives over the last 5yrs or so. Its kinda sad when your average joe reloader can keep and store more explosive material than a business that depends on it for its operations.. i.e. Cutters and Perforating Guns in the Oil and Gas Industry

JohnBT
April 2, 2013, 08:33 AM
"If profiting from filming an explosion "

Talk about getting far off the subject and trying to confuse things with silliness.

The law posted on the ATF site says a person cannot make explosives and use them in a business - blasting, entertainment, etc.

There isn't anything about filming, so I suppose you were making a bad joke, right?

The ATF site specifies that mixing 2 things together and getting an explosion is making an explosive.

John

WardenWolf
April 2, 2013, 09:23 AM
The ATF ultimately found nothing. He kept his stuff on the straight and narrow.

Garmangabis
April 2, 2013, 10:00 AM
Fishing expedition

They suspect, but can't prove anything, they probably hoped to stumble across incriminating evidence, but didn't.

lemaymiami
April 2, 2013, 11:51 AM
Having pulled a few warrants (and assisted in the execution of many years ago...) you can call it a fishing expedition all you want, but I have my doubts and here's why...

In a preliminary investigation (even if it's just comprised of a study of published stuff...) you have to come up with facts and circumstances that allow you to provide a sworn affidavit to a judge to get your warrant (and that goes for any kind of warrant....). Yes, there are always judges that will look favorably on law enforcement and not be too picky about what your'e submitting... but most won't authorize a warrant without specific cause, either. Whether the results of your search help or hurt your ongoing investigation - that you just won't know until the dust settles. Yes, there are times when a minor crime -if proved... will allow you to develop info about a major crime... and that can be very attractive.

Now for the kind of stuff you won't see on TV or at the movies... If it's a serious crime (and there is a homicide at issue in the published data...) then everything should be done strictly by the book and as carefully and with as much thought as possible. A homicide investigator at a murder scene who sees a portion of a firearm (maybe the murder weapon...) in a locked vehicle will usually get a warrant first before retrieving that possible piece of evidence - something that many will consider a waste of time. The main reason is that if a judge issues a warrant, then the search is legal in most instances. If the investigator acts on his/her own, then the search can be challenged in any subsequent court case..... Not exactly entertaining but very important since you not only want to arrest the killer but you also want a successful prosecution....

My guess in this situation is that there's a lot of info we're not hearing about and we'll just have to wait to find out what's really going on. If this is a federal prosecution, that will be a long time.....

r1derbike
April 2, 2013, 11:52 AM
I've often wondered how he could procure and demonstrate so many high-end (to me) pieces of hardware on his channel. But he is doing it, so it must be on-the-level, even after the alphabet soup agency fishing expedition.

If the explosive stuff is what prompted a criminal investigation, it sounds like he prevailed, for the moment.

I have this vision where the lead agent points his two fingers at his eyes and turns them around and pokes them at FPS, as they get into their assault vehicles and ride off into the sunset.

Time will tell.

jerkface11
April 2, 2013, 12:01 PM
Giving the ATF the benefit of the doubt is a bit generous.

mrvco
April 2, 2013, 12:14 PM
"If profiting from filming an explosion "

Talk about getting far off the subject and trying to confuse things with silliness.

The law posted on the ATF site says a person cannot make explosives and use them in a business - blasting, entertainment, etc.

There isn't anything about filming, so I suppose you were making a bad joke, right?

The ATF site specifies that mixing 2 things together and getting an explosion is making an explosive.

John
Understand that FPS Russia is generating advertising revenue from their YouTube channel.

mrvco
April 2, 2013, 12:20 PM
How?

Type 10 FFL - Manufacturer of firearms, ammunition and ammunition components, manufacturer of destructive devices, ammunition for destructive devices, and armor piercing ammunition; may also deal in all of the aforementioned items. Requires payment as an SOT Class 2 (can act as an NFA Dealer). To manufacture any DD with an explosives content (e.g. flash-bangs) requires an additional FEL[2] as a Type 20 Manufacturer of High Explosives.

and per the "The Firearm Owners' Protection Act" (sic):

Under ATF regulations, qualified manufacturers may make machine guns for sale to federal agencies or qualified licensees and special occupational taxpayers as “sales samples” for demonstration to prospective government customers (27 CFR § 479.105).

TCB in TN
April 2, 2013, 10:32 PM
Having pulled a few warrants (and assisted in the execution of many years ago...) you can call it a fishing expedition all you want, but I have my doubts and here's why...

You must not have ever worked with the Atlanta PD.....

http://en.wikipedia.org/wiki/Kathryn_Johnston_shooting

InkEd
April 2, 2013, 11:23 PM
Well since he always does that (IMHO annoying) Russian accent in his videos, perhaps the raid was just a cover-up because Obama mistook him as former socialist weapons expert and wanted to offer him a job with DHS. :D j/k


In all seriousness though, unless he is a suspect in the murder, I see this as nothing more than harassment.

leadcounsel
April 2, 2013, 11:43 PM
As a lawyer with many years of criminal law experience as a magistrate, prosecutor and defense lawyer, let me explain BASIC criminal law to folks here so we can put to rest the conspiracy theories.

The Professional Russian posted some really cool videos online. In fact, dozens or more. These videos show him using items that would possibly require special licenses. It also appears that he may deal in weapons. He also blows up a lot of stuff, and shows the world how to do it, with tannerite. Legal, sure, possibly. But WE all must be aware of the fact that this is going to draw extra scrutiny on this guy. I.E. He's on the radar.

I read that his business partner was just killed by a close range shotgun blast to the head. I read that to mean that it was either suicide, or a passion killing from someone wanted him 100% dead. That sounds personal. In criminal investigations, it's probably easy to quickly narrow down the short list of people with motive, means, and opportunity. Someone close in the deceased guys life. Girlfriend, wife, lover, or ... business partner.

Cops need Probable Cause to obtain warrants and conduct searches. Houses, cars, persons...
Probable cause is a level of reasonable belief, based on facts that can be
articulated, that is required to sue a person in civil court or to arrest and
prosecute a person in criminal court. Before a person can be sued or arrested
and prosecuted, the civil plaintiff or police and prosecutor must possess enough
facts that would lead a reasonable person to believe that the claim or charge is
true.

In his case, the totality of the circumstances would easily rise to probable cause. Searching for evidence of murder weapon, unregistered Class III items, illegal explosives, illegal ammo, dealing in firearms without a license....

I don't see anything suspicious with the searches. Think about it. If YOU were the lead detective, where would YOU focus at least some of your investigation. If someone close to you (business partner, family) died with a shotgun blast to the head, you can bet you'd be on the short list of suspects, and you'd likely be subject to a search warrant for your shotguns and shotgun ammo... for instance.

As for the style of the raid, again, if YOU were in charge of planning a search warrant for a probable murder suspect, well armed with serious hardware, you would bring in hand full of teams to safely conduct the search. In the military it's called overwhelming forces to deter resistance. Sending 4 lightly armed officers might result in 4 dead officers and a fleeing suspect.

For his sake, I hope he's cleared of the murder, and I hope he's not been dabbling in illegal weapons.

Ignition Override
April 3, 2013, 12:42 AM
leadcounsel:
Thanks for the clear explanation.

Watching Kyle operate his 40 mm cannon firing several consecutive rounds as the muzzle rose higher and higher made me curious as to how much land they own behind that large pond.

The odd thing was that the impacts which were on the video all hit in the same small area on the opposite shore.:confused:

Brockak47
April 3, 2013, 12:01 PM
based on FPSrussia channel and video views per day he makes about 600 dollars a day from Youtube, probably more now since he's picked up and extra half a million subscribers since this whole investigation

I don't really think he did anything wrong in any of his videos and I really don't think he murdered his business partner.

you know the ATF should be putting these crap investigations aside and working on filling out my NFA forms and giving me my stamp in a timely fashion :)

mrvco
April 3, 2013, 01:04 PM
#1 - The gun used to kill Ratliff was not found at the scene.

#2 - Ratliff had a Type 10 FFL.

#3 - I haven't watched all of the FPSRussia videos, but I haven't seen one where they show you HOW to do anything, no mixing of exotic explosives, not even basic Tannerite.

Agsalaska
April 3, 2013, 01:23 PM
I am certainly not one to give the ATF the benefit of the doubt. I would say that I do not know enough about the situation though to immediately call foul on the ATF. More facts need to come out.

Also keep in mind, even if the guy is innocent, that does not make it wrong for him to be investigated.

leadcounsel
April 3, 2013, 03:03 PM
Again, if someone close to you dies in a brutal and passionate fashion, you can bet you'd be investigated and warrants served.

I'd say a business parter, shotgun blast to the head, is pretty close and personal.

TCB in TN
April 3, 2013, 03:09 PM
As a lawyer with many years of criminal law experience as a magistrate, prosecutor and defense lawyer, let me explain BASIC criminal law to folks here so we can put to rest the conspiracy theories.

Thank you LC. I understand the current law (as I think most on here do), but if you want to make me believe that it isn't commonly abused (especially by the Alphabet soup club) then you must have visited Colorado for some of those recently legalized smokes.

cane
April 4, 2013, 12:28 PM
Gee, I was taught a much simpler defination of "Probable Cause". "Facts or circumstances, more than a mere suspicion, but less than a certanity, that would lead a resonable man to believe a crime has been committed."

TimboKhan
April 4, 2013, 02:24 PM
And, this one is done.

sent from my Galaxy Note II.

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