DHS confiscates 1,500 guns from collector; no charges filed

[MP43]

The semi auto made him do it. All i hear in the media now is semi auto, semi auto, semi auto. The gov and media must all have semiautostupidity guns.

 

[AlphaSig112]

I know I want to jump up and down and get mad for this guy because if this happened to me I'd be pissed. On the other hand, I doubt very much that they had been watching him for any period of time because he was doing everything right. If he was bringing in anything illegal and/or selling illegally (Cali. is different than Indy) I want to see him in trouble. I have to abide within the law and so should everyone else. I am not saying I always agree with it but we all (I think) want to see fewer illegal guns in the hands of bad guys. This is all speculation again just thought I'd offer the side that assumes the government isn't out just screwing random people.

 

[1371MARINE]

It seems like we're hearing a lot of this sort of crap lately, all signs of what's to come. keep your eyes and ears open.

 

[techres]

Let me take a guess that he was a C&R which makes him an FFL3. One requirement is having to show your bound book of items is in order. The ATF could then claim it was out of order and missing XYZ and came in under that rubric.

In the end they might not need a court case and instead just go for a settlement, regainign their nickname ATF = Always Think Forfeiture.

Just a theory. A wild guess.

 

[Indy_Guy_77]

Another theory:

Who knows how many firearms this guy sold... This will also raise the eyebrow of the BATFEieio.

Perhaps he'd even set up a private sale table at gun shows and sell/trade from his private collection.

Honestly, though, if the US Customs is involved - it may very well be that he's run afoul of the import laws.

If that's the case - I wonder what the chances are of getting "everything else" back (in the same condition it was taken)

-J-

 

[japartridge]

Personally I'd say that with a collection that large he has probably fallen prey to the ridiculous firearm importation laws that we have. If that is all he did, then personally I think that this is a stupendous waste of time and resources on the ATFE/DHS' part. Now if he was illegally selling, or exporting, then yes, he needs to have the hammer dropped on him, hard.

 

[Indy_Guy_77]

Maybe he ended up with one of the Fast and Furious guns...or two...

 

[Kutnupe14]

Where is the "uncharged" guy? Surely he should be on issuing some sort of statement about this... well, unless.... hmmm

 

[drillsgt]

The article references things in the warrant, so it would appear the author has it.

I don't know about federal warrants, but I can tell you what happens with a local one. When I serve one locally the "return", which shows what, if anything, I seized, along with the original warrant and a probable cause redacted to remove any civilian witness information is filed with the court clerk's office. Since I have to redact civilian's names, it stands to reason that they are public information.

"Civilians", what are you an MP or something?

 

[rambone]

Where is the "uncharged" guy? Surely he should be on issuing some sort of statement about this... well, unless.... hmmm

In the news clip they knocked on his door but he didn't answer. The clip said he had not been charged.

I haven't discounted the possibility that he is being tortured at Gitmo.

 

[HoughMade]

They had enough to get a warrant. but now with the results of the search, including not just weapons, but documents, it seems pretty reasonable that it would take a few days (or more) to review what was obtained in the search and what charges may be appropriate.

Federal agents seize 1,500 firearms from home | Albuquerque News - KOAT Home

 

[HeadlessRoland]

**********
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

********

Sure looks like the founding fathers said we could seize things with a warrant. I don't see anything about immediate charges or recompense. If you don't care what the law requires, do you care what the Constitution says?

You read Amendment IV; I was thinking precisely of Amendment V:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."


Show me a warrant and show me charges filed. Habeas corpus - it's not just for the British monarchy anymore.

 

[HoughMade]

...and due process at law can include retaining items seized pursuant to a search warrant during an investigation for a reasonable amount of time.

 

[HeadlessRoland]

...and due process at law can include retaining items seized pursuant to a search warrant during an investigation for a reasonable amount of time.

Show me the seizure warrant, that's all.
If it is in fact on the up and up, where's the warrant?

 

[sgtonory]

If he broke the law then he deserves getting the hammer dropped on him but what I don't like is the questions and the lack of facts by the news agency reporting. We should demand fairness and facts by the news agencies, because they makes us all look bad.

What law could he have broken to where Theft of his property would be ok? If he purchased all the weapons then they are his property why do you need to follow some third partys rules?

 

[HoughMade]

Show me the seizure warrant, that's all.
If it is in fact on the up and up, where's the warrant?

Warrants are not posted online as a matter of course. If the warrant is BS, I'm this guy's attorney will make a big issue of it.

 

[2A_Tom]

Why doesn't he make a statement? First rule, Shut up. Second rule, don't talk to the Police. Third rule , Do not ever under any circumstances talk to the press.

I am certain that he will get due process, unless of course he is declared an enemy combatant. DHS is sneaky that way.

 

[GREEN607]

Haven't read all the posts in this thread yet (but i will, after dinner)

Maybe they did this because they need to re-stock Eric Holders program...

.... "Fast & Furious 2 - the sequel"

 

[mrjarrell]

But the school is so close by! That makes it even more dangerous! LMAO. Sounds like he might have been illegally importing? But I agree, If he can't be charged on what legal grounds can they confiscate his stuff? Not a lawyer. Where is Kirk?

Happens many times every day in this country. The cops can seize your stuff and never charge you with anything. It's up to you to fight the forfeiture. Your stuff is guilty when they say it is. Welcome to the fallout of the drug war.

 

[calcot7]

But the school is so close by! That makes it even more dangerous! LMAO. Sounds like he might have been illegally importing? But I agree, If he can't be charged on what legal grounds can they confiscate his stuff? Not a lawyer. Where is Kirk?

Me thinks.......He must have been selling the guns to the school children! And that's why the guns did not have markings on them. The children probably couldn't read anyway.