Judge shoots down ATF motion on Red's
By Cassidy Friedman
Times-News writer
Red's Trading Post will have its day in court, possibly in February.
U.S. District Judge Edward Lodge of Boise on Thursday rejected a federal agency's claim that the Twin Falls gun dealing business has fallen short of showing grounds for a hearing.
"The judge wants to hear all the people and look at all the evidence," said Mark Geston, a Boise attorney representing the gun dealership.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives had asked for a summary judgment against the business it says "willfully" violated agency rules. The ATF can administratively revoke a gun dealer's federal firearms license. But in Red's case, the business has challenged the agency in court and in the court of public opinion.
The ATF sought to revoke Red's license last March. The first challenge came in April, when Red's moved for a preliminary injunction to freeze implementation of the revocation. The judge granted the motion, allowing the business to continue selling guns, though under tighter surveillance by agents who then reported finding more violations.
On Thursday, U.S. District Judge Edward Lodge discarded a motion for summary judgment filed by the ATF. That motion says "either the facts or the law is just so clear that there really is no reason for a day in court," Geston said.
Had the judge granted the summary judgment, Red's would have lost the case. But it could have appealed the decision.
Geston says a trial to start Feb. 25 will hinge mainly over the two party's interpretations of "willful."
Red's legal team has argued the violations amount to clerical errors. A huge volume of case law will help the judge reach his own opinion of how to apply that term to this case.
In mid-December, acting on complaints from Red's and other gun dealers who say the ATF is overly aggressive in enforcing guns, Idaho's Republican Sens. Larry Craig and Mike Crapo placed separate holds on the president's nomination of the agency's head.
That brought additional public attention to the plight of Red's and other gun dealers who say they are under attack by the federal regulators.
Geston says the political realm is separate from what happens in court.
"There's been political attention focused on this thing but I haven't looked at it because really that's not my concern," Geston said. "We believe we are correct in our dealings."
After almost a full year, Red's will have its chance to prove it.
Cassidy Friedman can be reached at 735-3241 or
[email protected]
