Petition to Save Red's Trading Post from the ATF

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carnaby

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Story is here

Red's Trading Post is currently under fire from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). On March 5th our license to aquire firearms was revoked and is pending appeal in federal court. In the meantime we are still able to continue selling as we always have.
A 2004 audit by the ATF claims to have uncovered several minor clerical errors. Out of nearly10,000 firearms transfered between 1996 and 2004, the alleged error rate found was not even a full percentage point. There were no missing firearms, and no willfull illegal acts.
This is not just happening to us though and is becoming a common trend throughout the United States; the problem is with the ATF's liberal interpretation of the word “willful”. The word “willful” was added by Ronald Reagan and Congress to protect FFL (Federal Firearms License) dealers against the ATF. Why would we honestly put our license, reputation and over 70 years in business in Jeopardy? We would never condone of illegal activity, we have always gone above and beyond what is asked of us and will continue to do so. Our family takes pride in our business and community. We will continue to fight this and received a lot of phone calls and e-mails from other dealers that are battling the same situation. The number of FFL's in this country are on a sharp decline. I thank our friends, supporters and customers for their continued support and assure everyone that we will continue to fight this.

Petition is here.


Sounds like typical extreme abuse of power by the ATF. I don't understand why they do this. :confused:
 
Seems awfully low since I got this info from Kim du Toit's website. He has a zillion readers who should swarm this thing.
 
Not to defend ATF here, but the article I read quoted Red's owner as admitting that Red's failed to fill out 4473's completely, failed to log out guns, didn't do background checks on some transfers, destroyed 4473's that had been denied, etc. etc.
 
Well if they've been a lil lax in paperwork all I can say is "Bullseye Gun's" , on the other hand no one can be 100% perfect in doing paperwork . The BATF is on a mission to keep that fiasco from happening again . Now they are a pretty good store and have expanded under new ownership .
 
Found it here on THR.

It seems the ATF is holding Red's to a much stricter error rate than they themselves, nor any government agency, comes even close to complying with. Lame.
 
2TransAms: If any government agency or bureau was 99% competent we'd be ecstatic.
I’ve worked for the Federal government for nearly 20 years. I would be astounded if they hit 80% much less 99%! “Do as I say not as I do” comes readily to mind.
 
Signed. This a VERY unreasonable action that was taken. What would happen if the ATF screwed up on paperwork...Oh wait. That has happened. Are they Shut down?? Hell no. They are still going on as if nothing happened. There is no justice. There is no oversight of the same caliber for the ATF as there is for us. It needs to be reasonable.
 
Not to defend ATF here, but the article I read quoted Red's owner as admitting that Red's failed to fill out 4473's completely, failed to log out guns, didn't do background checks on some transfers, destroyed 4473's that had been denied, etc. etc.
I would much appreciate it if a knowledgeable FFL or three would comment on the charge I highlighted above. What, exactly, IS the purpose and the regulation regarding a 4473? I thought a 4473 was a record of a transfer. Is there any requirement to preserve a record of a NON-transfer?

What if the 4473 doesn't exist at the time of the denial? Example: I recently took delivery of a new handgun. I'm in a state where my CCW fulfills the requirement for a background check, and the FFL calls the state police for an authorization for each particular transaction. In this case, the FFL took my license and made the call while I was filling out the 4473. If for some reason I had been denied, what would/could he have done if I simply stopped writing, or picked up my license and the 4473 and stuck them both in my pocket as I walked out the door?

Didn't the ATF have vastly more than 1% of THEIR weapons missing? How can they hold you to higher standards?
I believe that was the FBI, not the BATFE.
 
"Sounds like typical extreme abuse of power by the ATF. I don't understand why they do this."

Because Red's did not live up to the agreement reached after the earlier audit and actually did a worse job of recordkeeping than what got them in trouble the first time?

I mean, c'mon, it's like driving through a speed trap while flipping the bird at the cop and then wondering why they're picking on you.

John
 
Carnaby:

May I suggest you copy the petition and post it on Littlegreenfootballs.com. I tried, but couldn't make the link work.
 
Update: Some good news!!

http://www.magicvalley.com/articles/2007/05/02/news/top_story/111336.txt

Red's back ... for now; judge finds fault with ATF findings

By Cassidy Friedman
Times-News writer

TWIN FALLS - Try peeling the smile off Ryan Horsley's face.

A federal judge has - for now - given his family their gun shop back.

A federal agency revoked Red's Trading Post's right to buy and trade guns again after finding the gun shop had committed errors in its gun sales.

But U.S. District Judge Edward J. Lodge ruled Monday that the Bureau of Alcohol, Tobacco, Firearms and Explosives had exaggerated and omitted some of its findings used to justify revoking Red's license.

And Lodge granted Red's March 20 request to stall the ATF's sanctions until he reaches a final decision on whether revoking Red's license was legal.


"It was a great decision," Horsley said. "I am ecstatic. I was just waiting. For nearly two months this has been exhausting."

Horsley, whose gun inventory had dropped from 1,000 to 160 guns, is reopening suspended accounts - both on the distributor side and in advertising. His largest distributor agreed to hold $200,000 of merchandise while the dispute goes to court. Now, Horsley is hoping his sales, which had reached their pinnacle in more than 70 years of business, will spark back up.

Lodge wrote:

"The ATF speaks of violations found during the inspections of 2000 and 2005, but fails to reveal that additional investigations in 2001 and 2007 revealed no violations or problems."

Some violations had been counted twice.

"Granting the preliminary injunction would not place the public's safety in jeopardy."

Between the hardships Lodge's ruling would cause the ATF and Red's, "the relative hardships tip sharply in favor of Red's."

Lodge's injunction grants Red's full operation status until Lodge makes a final ruling at an unscheduled future hearing.


"I have been getting all these calls from distributors and manufacturers, and everyone else, just congratulating us. You should see my inbox right now," Horsley said. "Getting all our advertising back in place, getting all our orders set, arranging - it's just kind of nuts. It's not over yet."

Cassidy Friedman covers crime and courts. He can be reached at (208)735-3241 or by e-mail at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Comment: It really takes a lot for a judge to go against one of its own agencies. We had some fence sitters, and some folks openly critical of Red's Trading Post in earlier discussions. Perhaps this judge's decision, although only interrim, will give these folks pause, before jumping on the bandwagon based on the ATF's shoddy findings of "fact". They are truly findings of politically motivated bias, aimed at all gun owners. You and me.

Take a minute to sign Red's petition! (now at 2703 and counting!). It suggests congressional hearings to rein in the ATF.

http://www.petitiononline.com/redstrad/petition.html

Better still, take a look at Red's online auctions, and maybe throw some business his way at this critical time! :)

http://www.redstradingpost.com/auctions_AA.php
 
Good for them.

"They are truly findings of politically motivated bias, aimed at all gun owners."

"Never attribute to malice what incompetence will explain."

John
 
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