BATF rebuked for attacks on gun dealers

Status
Not open for further replies.

Bubbles

Member
Joined
Apr 26, 2004
Messages
3,148
Location
Eastern Panhandle of West Virginia
Nice quote from Len Savage, who posts here as Historic Arms LLC

BATF rebuked for attacks on gun dealers


Agency tried to revoke licenses for paperwork mistakes

Posted: October 26, 2007
1:00 a.m. Eastern

© 2007 WorldNetDaily.com


Red's manager Ryan Horsley

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has been given a rebuke by Congress for its aggressive attacks on firearms dealers who may have paperwork errors in their record-keeping.

The citation in the 2008 Appropriations Bill was pointed out by Ryan Horsley, who manages the historic Red's Trading Post in Twin Falls, Idaho, and blogs about 2nd Amendment issues.

As WND has reported, his company is in a court fight now with the federal agency over paperwork errors that largely involved insignificant issues, such as a missing poster or a purchaser failing to provide a county of residence to accompany and street and city address.

Inspectors for the BATFE have been visiting his business regularly in search of records mistakes, he said.

WND also reported earlier how the store appears to be caught up in a new campaign for gun control, focusing on the elimination of retail outlets through technical rules infractions.

"We have documented our experiences in hopes of showing what the ATF is doing to legitimate businesses and how they disregard our senators and congressman," Horsley said. " I try not to take it personal and have found solace in my faith but it is still difficult when this agency has made every attempt to destroy what your family worked so hard to build, what is even more concerning is how the ATF is single handedly destroying our 2nd Amendment."

The 2008 appropriations bill is for the Commerce and Justice departments and related agencies, and contains a recommended "discretionary budget" of $53.5 billion for the fiscal year ending Sept. 30, 2008.

(Story continues below)

While discussing the billion dollars that the ATF is recommended to get, lawmakers noted more than $6 million is to go to the Firearms Trafficking/Gun Runner Program. Then it delivers an admonishment:

"The committee has heard reports that AFT has pursued license revocations and denials against firearms dealers based on violations that consist largely of recordkeeping errors of various types that are unlikely to impede tracing investigations or prosecution of individuals who use firearms in crime," the members of Congress said. "The Committee encourages AFT to consider lesser gradation of sanctions for recordkeeping errors."

Horsley said the advisory "sounds great."

But he also noted that the agency had been told to correct its activities in 2004, and the attacks are continuing.

"If you have not already contacted your senators, then I encourage you to do so," he wrong on his blog. "Their agenda to shut down our 2nd Amendment [rights] to justify their own existence has to stop."

A 25-year law enforcement officer, who wished to remain anonymous, told Horsley that the 2nd Amendment, "is a guarantee secured by the blood of our ancestors and Founding Fathers. We cannot, we must not ignore the United States Constitution which is the very handbook for freedom which has set the standard of liberty across the world.

"Anyone who deprives the people of these liberties, regardless of the motive, has assailed the very principles upon which this great nation was forged," he said.

Horsley's own battle centers around records mistakes, and now is pending in federal court. He installed a complex computerized records system at the behest of the federal agency, which most recently has said it still is dissatisfied with those results.

But if records are the bar by which gun dealers are measured, at least one expert says the ATF itself may have difficulty.

A gun manufacturer who specializes in legal reproductions of historic weaponry told WND a recent audit of the business found no discrepancies in his records, but it did reveal mistakes in the ATF records.

"What was of particular interest to me was that the NFRTR [BATFE's bound book of machineguns, etc] was off by four machineguns," Len Savage, of Historic Arms LLC, said.

"It is so bad [the BATFE own record keeping] that the inspectors have a form for correcting it using dealers records," he said. He submitted a Freedom of Information Act request and discovered that the federal agency "is very quietly trying to fix their own inept record keeping by using our [store and business] records to fill in the gaps."

An AFT inspector, Herbert Blount, told Savage that when the agency moved to a new building, officials "lost/misplaced" records for more than 500 businesses and replacements were being sought.

"As we are all human and errors do occur, I was more than happy to help him out. What really bothered me was that seven days later he called and explain he 'misplaced' the records I had just sent him a week previous," Savage said.

Larry Pratt of Gun Owners of America told WND that as recently as 15 or 20 years ago, there were 250,000 licensed gun dealers in the United States. The federal government confirms there are only about 108,000 now.

The saga with Red's began when the ATF inspection in 2000 discovered various paperwork violations, Horsley said, just shortly after he arrived to take over the store, mistakes such as a customer failing to write down the county in which he lived.

In 2001, "they couldn't find any violations," he told WND. A few other minor problems were found later, including a failure to put up a poster.

"I wasn't alarmed because this agent … had told us we were one of the best small gun shops he'd ever seen," Horsley told WND.

Then early in 2006, "We get a letter that 'We're [ATF] revoking your license,'" Horsley said. "I just came unglued. I couldn't believe it."

After an expensive appeal process within ATF, he ended up with the same result, and sought out a lawyer for the federal court challenge, a challenge which now is pending.
 
How stupid do people have to be?

If the ATF shuts down everyone they are trying to, they will all be out of jobs.

Only the most ignorant of the species intentionally works to put himself out of work.
 
Just because there are no gun stores , that does not mean there will be no escalation in the war on guns . While it may require only one or two people to go in and perform a paperwork audit . It will take a dozen employees plus those on the sidelines to investigate ,coordinate , and instigate an armed raid , on you . Unless you live in a compound like me , then it could number into the 100's onsite , and a 1000 more behind the scenes .
 
The fact that the BATF has lost records is quite interesting.

I wonder what kind of problems this could create for them? Doesn't seem like they could prosecute Class III violations if they don't maintain accurate records.
 
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has been given a rebuke by Congress for its aggressive attacks on firearms dealers who may have paperwork errors in their record-keeping.

A rebuke huh? When it happens again, maybe they'll throw in a dirty look and maybe even harsh language.

Seriously, didn't they just get a rebuke for their behavior at Virginia gunshows?

Since this is the legal forum, what does this impact them legally? That is, what does this really mean to them/anyone getting fired?
 
Doesn't seem like they could prosecute Class III violations if they don't maintain accurate records.

You should stil have your Form 4. If you don't, you can't prove you legally registered the NFA weapon.

"As we are all human and errors do occur, I was more than happy to help him out. What really bothered me was that seven days later he called and explain he 'misplaced' the records I had just sent him a week previous," Savage said.

Oh, the sweet irony. They try to put FFLs out of business for far less serious paperwork issues than "misplacing" a bunch of records. :rolleyes:
 
ReidWrench: You forgot that they also need a cleanup crew to completely bulldoze your property afterward so evidence can't be collected.

It would also be nice if there was some nationally recognized 2nd Amendment rights group who would back this suit.
 
You are all victims

You are all falling victim to the hype created by the owner of Red's. His license is not in jeapardy because he forgot to put the county down. He was cited for that yes. His license is in jeapordy because he could not account for many firearms on three different occasions.
You are NOT hearing the whole story, and evidentally neither is congress. Now, if you believe still believe that having several firearms "un accounted for" is ok, then that is a different story. But do not make yourselves "sheep" to this man's spin of the real situation.

What has happened to him is just like something that happened to me. I was caught speeding in high school at over 90mph. So not only did I get the speeding ticket, I got a ticket for my tire tread being too low, my registration and inspection stickers not being properly placed etc. Now if I would have told you that I got tickets for the stickers and tire tread, that might have sounded very irrational if I didn't als say that I was speeding at 90mph.

Now, chastise them all you want for their mistakes in record keeping, or if you feel that FFL's should not be revoked for unaccounted for guns etc. I just thought I'd share the whole story.l
 
I'd side a thousand times with Red's before I believe the criminal organization BATFE.

-T
 
Oobray, most retail stores have "Shrinkage" issues.

For literally a few guns to go missing is unfortunate but not unheard of...in many cases these missing firearms are little more than a bookkeeping error.....something was checked in, there was an issue with it and it went back to the distributor/manufacturer without being checked out.

You CANNOT expect perfection from ANYONE or any Business.

Life Happens.

Now on the other hand if there is a persistent issue with a significant % of his inventory going MIA year after year....thats another story.
 
How stupid do people have to be?

If the ATF shuts down everyone they are trying to, they will all be out of jobs.

Only the most ignorant of the species intentionally works to put himself out of work.
I am sorry but BATFE stands for the Bureau of Alcohol, Tobacco and Firearms and they added explosives to their title not long ago. If they get rid of one of the letters they cover will not put them out of work.

I had a friend they shut down for some minor BS. I was talking to a local pawn shop they just audited he told me they gave him hell over nit-nac stuff.

BB
 
What has happened to him is just like something that happened to me. I was caught speeding in high school at over 90mph. So not only did I get the speeding ticket, I got a ticket for my tire tread being too low, my registration and inspection stickers not being properly placed etc. Now if I would have told you that I got tickets for the stickers and tire tread, that might have sounded very irrational if I didn't als say that I was speeding at 90mph

Yes, it is exactly like your situation.
We've got a bunch of laws on the books which, if enforced equally across the board, would create such public outcry that something would have to happen.

What would happen if every street corner in the US had a radar, camera, and everything necessary to hand out tickets to everyone who speeds? 50% of the population would lose their licenses in the next 6 months, and then everyone would be left wondering why all that effort wasn't spent building a train or something.

America doesn't want this guy to get thrown in prison any more than they want you to be thrown in prison for doing 90mph. It's simply not a big enough deal to everyone to make them want to actually do something that fixes the problem.

And I fail to see how giving the BATF or the arresting officer the discretion in how to apply the law is fixing the situation either. I hear they have a similar situation in Japan: thousands of laws on the books which are never enforced, until such time as the "authoritah" really needs to hose someone.

If three missing firearms is really such a big deal, then he should pay some real consequences. If it's not such a big deal, then the harassment needs to stop. Any legal system where the citizenry is perpetually in grey area until the government decides it's time to get you just simply sucks.
 
oobray:

Do you believe that all firearms should be traceable?

IMO a man should be able to grind off a s/n on his gun if he wants. Obviously the law says different and I am not advocating actually doing such a thing.

I don't care if 20 guns were missing. Things need to return to pre '68 for starters. The BATFE needs to become BATE or just BE for all I care.

It sounds to me like you are willing to throw Red's under the bus to appease the antis and the ATF in hopes of them leaving you alone for a bit longer. Is this an accurate assessment?
 
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has been given a rebuke by Congress...

That rebuke and $3.85 will buy you a cup of coffee. What's really needed is to shut down the BATFE, slap its employees into uniform, and send them out to defend the nation's borders.
 
The problems are systemic

For those that care, my quotes in the article were backed by documents.

The real problem with BATFE is the total lack of any accountability.

Who will place Federal Law Enforcement under arrest?

Who will prosecute them? DOJ it's supervising agency? Not going to happen.

If the BATFE were subject to the same level of performance that is demanded of Federal Firearms Licensee's, BATFE would have it's license revoked...

This continued lack of accountability has lead to pattern of violence by BATFE in the past.

If, IF, we can get the word out now, BATFE violence can be prevented this time....

Really ask yourself, Who will arrest and prosecute any member of Federal Law Enforcement?


Peacefully seeking a resolution through education and awareness,:banghead:

Len Savage
 
Rebuke, rebuke, rebuke..

They got away with false affidavits, lying to the Texas governor, killing people, lying in Federal court, falisifying or destroying evidence and got every state federal and local LEO shop to go along with them plus the National Guard and their folks got promoted at the end of the day.

They are beyond the reach of discipline or reform. If it was going to happen, it would have happened by now.

So I'm not expecting much. The bureacracies in government have grown to the point where it matters very little who is elected.
 
Coming in the year 2015: BATFETFSPLTFAAEWTYSH!!!

Stands for Bureau of Alcohol, Tobacco, Firearms, Explosives, Trans-Fat, Spray Paint, Lighters, Turkey Fryers, And Anything Else We Think You Shouldn't Have.
 
In my opinion, the "F" part of BATFE needs to be redacted out of existence rather than just rebuked. It's powers are unconstitutional. That's not just my opinion on that last bit.

Blackbeard, if you keep that up, my wife won't be able to keep up with the laundry! -------I spotted-------

Woody

This crap will continue until the Court stops allowing itself to be misused as a legislative branch of government, or as an alternative to amending the Constitution. B.E. Wood
 
I agree with oobray, BTW if you think The BATFE is bad read about some of the stuff the FBI and DEA has done and you will change your opinion, The ATF is not the anti-gun group everyone thinks it is, the director back in the FOPA days said that full-auto firearms were not a problem and did not need to be banned, also they have said assault weapons were not a threat to police, I know my backing them up will not make me popular but there is always some reason for an action, If the ATF was obsessed with record problems several dealers I know would be out of business, Often times it is not so much the ATF as it is the people we elect to office and the courts.

That's why in Red's case I am on the fence.

My .02.
 
Gunnerpalace:

If you're saying the ATF stinks but the FBI & DEA absolutely reek, then I'd be inclined to agree.

What is the phrase about power? Absolute power corrupts absolutely?

Perfect paperwork in a day and age where there are umpteen gazillion forms to be had and bureaucracies abound ain't a simple thing. Unless Red's is actively and knowingly supplying MS-13 with weapons, I don't see the big deal. Paperwork errors? No problem IMO. A missing item here and there? If it was a circular saw or a 5 gallon bucket ;), there wouldn't be a government fuss, so again, no biggie IMO.

Oh well. It's best to dot your i's and cross your t's for CYA purposes.
 
Status
Not open for further replies.
Back
Top