BATFE handed defeat

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Your Thompson? Shuck. I hope that Tiger I auf. e I hid in the Ardennes Woods is still there to bring home. Do you think the ATF will believe me when I call it a paperweight?
 
NFRTR is the National Firearms Registry and Transfer Record, it's the registry of all Title II firearms (machine guns, short barreled rifles/shotguns, silencers, destructive devices, and any other weapons).
 
Dang it...I gotta go dredge the Mighty Mississippi River for that MG-42 that Uncle Elmo tossed in....

Any day the BATFE gets a legal smackdown from the courts it is a good day for us.
 
Is there a lawyer in the house?

Can someone explain this in language which can be understood by the legalese challenged? What actually happened here?
 
IANAL, though I do have some info on the case from various sources. First, a news article from last year:

From the McCarville Report:

By Jerry Bohnen, NewsRadio 1000 KTOK ~ A federal grand jury has returned indictments of lying and illegally possessing a machine gun against Family law attorney Doug Friesen, who teaches conceal-carry courses at a local gun range.

The 56 year old Friesen is accused of lying to agents of the Alcohol, Tobacco and Firearms Bureau in 2003 that he was the registered owner of a 9-mm machinegun found in his law offices at 1309 North Shartel. He is also charged with possessing the unregistered Sten 9mm machinegun.

The incident occurred on March 4, 2003 and Friesen told agents that he had only three places within his office building where firearms were stored. But the indictment says the agents learned that Friesen stored firearms in a secret location behind his book shelves on the first floor library of the office building.

Five separate counts were returned by the federal grand jury.

If Friesen is convicted, he could face up to 5 years on the charge of lying to the ATF agents and ten years for knowingly possessing an unregistered machinegun.

The Sten submachine gun, made in Great Britain, was a World War II weapon popular for its ease of operation and durability. Today, World War II versions are collector items worth $5,000 or more. It was produced in several configurations.
Click to expand...

Friesen's lies to the Feds are that the Sten was properly registered and it should be in the NFRTR. ATF says it's not there; hence the additional charges.

The jury was seated this week, and they started hearing the prosecution's side of the case. During cross-examination, not just one but two witnesses, an ATF NFA Branch employee (who must never have seen the Busey video) and renowned statistician Dr Fritz Scheuren (google his name), both testified essentially that the data in the NFRTR was so inaccurate that it could not be reliably used as a tool to prosecute people for having an unregistered machine gun.

Stay tuned for updates...

ETA: Some people didn't understand the Busey video reference. Read the first two columns of:

Attorney Jim Jeffries Congressional Record Testminony, 1996
 
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Doug taught the legal portion of my concealed carry class. I think I need to go ask around as to what's happening, and possibly memorize a new lawyer's phone number.

I'll talk to a couple of friends and see if I can find out what's going on. I really hope Doug didn't hang himself; he seems like a pretty good guy. Gung-ho on individual rights, and willing to fight for it. Funny, too. He introduced me to the phrase "too dumb to live" in his CCW class.
 
"Don't count your chickens before they hatch."

AFAIK, a witness has testified, but there has been no verdict that would make that testimony a "victory" for the defendant, or a "defeat" for the government.
 
The accompanying ATF recruitment video gagged me so bad I had to stop when they got to "honor and loyalty." All I could think of was "Meine Ehre heisst Treue." At least the SS weren't hypocrites. They never denied being Nazis.
 
Ok, I got a bit more info over the weekend.

The agent from the NFA Branch who testified that the NFRTR was inaccurate was a prosecution witness. That admission was made during cross-examination.

Defense started last Thursday, not today as I'd thought. Dr Fritz Scheuren was a witness for the defense. I was trying to figure out why the prosecution would have called him, given his testimony. So, the trial will probably finish in the next few days.
 
This has been tried before, and the courts have always upheld BATFE when they say the NFRTR is accurate. Anyone saying otherwise had best have proof of that specific error, not just someone's statement about alleged general errors. Since any owner of a registered NFA firearm should have a copy of the Form 4 or the equivalent registration document, just saying that NFRTR is wrong won't cut it.

It is as if I am charged with driving without a license. I have no license, claiming to have lost it. Then the police say that the state's data base shows no license issued to me, ever. Anyone want to think I can claim the state's record is wrong and get away with it?

Jim
 
They aren't just saying it is wrong. There is proof there.

Lying & destorying records does equal jack booted thugs.
 
both testified essentially that the data in the NFRTR was so inaccurate that it could not be reliably used as a tool to prosecute people for having an unregistered machine gun.
Click to expand...

This is apparently true. A class III dealer friend of mine was telling of an experience of a buddy of his. As I remember, the friend had a machine gun and the transfer paperwork from the BATF on that machine gun. Sometime later the BATF came over and confiscated the machine gun. They told the guy that the machine gun was not in the NFRTR, even though the owner could show them their own paper work, and a ownership trail to the previous owner.

And, as I understand, only the BATF has access to the NFRTR, so the crazy decisions they make cannot be challenged.
 
Verdict - One acquittal, mistrial on remainder

US v. Friesen: Acquital/Mistrial
October 1st, 2008

The jurors informed the Honorable Judge Leonard that they acquitted Mr. Friesen on the single charge of lying about the safe in his office but they were hopelessly deadlocked on on the remaining charges, apparently, 7 to 5. While the Honorable Judge Leonard spoke with the jurors tonight, he will not contact the parties until tomorrow with regards to the basis for the deadlock. This means that the Government can decided to re-try the case, minus the lying about the safe in his office charge, or allow the mistrial to stand. If the Government decides to re-try the case, such would not occur until at least the Spring of 2009.

The transcripts from this trial have already been ordered and will be made available as soon as possible. The transcripts are expected to be several hundred, if not a thousand, pages.
Click to expand...

I'm really looking forward to reading those transcripts.

I wonder if .gov is going to try again?
 
Interesting. I wandered by the local range and meeting-house yesterday and talked to people who know Doug. The prevailing opinion was that the unregistered MG charge would be the easiest for him to beat.

That said, I was getting it third-hand. I'd like to see the transcripts.
 
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