BREAKING NEWS: US ATTY DROPS HARASSMENT CHARGE AGAINST RED'S!

From Ryan Horsley:

Our attorneys have spoken with the US Attorneys office and they have agreed to neutralize the Third Status Concern in which they claim that I harassed and intimidated them. Although an apology would be nice, this will suffice. We are pleased with this decision and with the response that we have received from supporters across the nation who have been following this case.

There is still no court date in sight because of all of the attempts of the ATF to get the judge to terminate our injunction that was granted. I am assuming that the audits will continue but as I was pointing out in my now infamous blog that the scrutiny has dramatically increased, where as in our 2005 audit we had one inspector that covered 5 years worth of paperwork. In the last audit they flew in 2 Inspectors and an Area Supervisor to cover 2 1/2 weeks of paperwork.

That's great news--apparently someone figured out that pressing things would draw more attention than they were willing to endure. What that tells me is shining a floodlight and screaming helps. We all ought to do more of it when the opportunity presents itself.

[More about Red's Trading Post from WarOnGuns]

What's Wrong With this Picture?

Hollywood movie poster designers. Is there anything they don't know about gun handling?

Thing is, I saw the trailer and it looks like it's gonna be pretty good, with a strong theme about individual defense when "authority" can't protect you. Here's hoping they don't spoil it too much with "vigilante" angst. Like what exactly do they mean by "wrongs"?

How You Can Help Red's

I would also like to thank so many of you who have sent us a check for our legal defense. As many of you are aware for the longest time I would not accept any money because I did not want anyone feeling that this was the reason that I was speaking up, but as it appears that Richard Van Loan, Linda Young and the ATF have no intentions of letting up and our legal bills are reaching $90,000 (to defend what adds up to .4% paperwork errors and what they deem"willful" on top of that). I have been encouraging others that wish to help out financially to buy a gift certificate or just by simply patronizing our business. Here is a list of our online gun auctions: http://www.gunbroker.com/Auction/SellerAuctions.asp?User=343438&Items=100000

Anybody care to do something about Red's Trading Post besides read about it?

There Was No Objection

I got the following transcript from Len Savage. It addresses the amendment to the BATFU budget discussed last Friday here at WarOnGuns.

At the moment, I can seem to find a working link, so if anyone has one, feel free to post it in "Comments," below.

TITLE VII--ADDITIONAL GENERAL PROVISIONS

Sec. 701. None of the funds appropriated by this Act may be used by the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives to pay the compensation of employees of the Bureau of Alcohol, Tobacco, Firearms and Explosives to test and examine firearms without written and published testing standards.

Mr. GINGREY. Mr. Chairman, the Bureau of Alcohol, Tobacco, Firearms and Explosives, BATFE, has been in operation without substantial changes since the days of prohibition, bootlegging and gang violence in the 1920s and 1930s.

Last year the House Judiciary Committee considered legislation that would have introduced real reform to BATFE, updating the agency for the 21st century, although time ran out before Congress could get anything accomplished.

One issue of reform I remain particularly concerned about is how BATFE actually tests firearms submitted by law-abiding firearm designers and manufacturers seeking approval to put their product on the market.

Mr. Chairman, without written and uniform standards, gun manufacturers are left guessing about which agent will inspect the firearm this week, whether or not they will be able to ship a product out to potential customers, and whether or not BATFE agents might even prosecute someone because of a shipping mistake or a firearm malfunction. So I have introduced legislation called the Fairness in Firearms Testing Act to address this problem, and it requires BATFE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, to actually videotape firearms tests for the purpose of general oversight, and encourage the agency to adopt these testing standards. However, the amendment I'm offering today would cut right to the point by withholding funds to BATFE if they do not write and publish these testing standards.

More specifically, this amendment creates a level playing field for all United States firearm manufacturers who depend on getting a firearm patented and on the market as soon as possible.

Mr. Chairman, without written procedures, BATFE has literally a free rein to mistreat manufacturers, change their mind after the fact, and leave both manufacturers and customers at a legal and financial disadvantage. In fact, BATFE regulations are so inconsistent that some manufacturers have been threatened with prosecution after receiving written approval for their products from other BATFE personnel.

Since 2002, 85 percent of American firearm manufacturers have been forced to close their doors. Let me repeat that, Mr. Chairman. Since 2002, 85 percent of American firearm manufacturers have been forced to close their doors. There are only 373 licensed firearm inventors and manufacturers left in America. Moreover, with the increase in number of imported firearms purchased by civilians and law enforcement alike, our Nation is at a strategic defensive disadvantage.

Mr. Chairman, I realize that the chairman has reserved a point of order, and he will explain that, I'm sure, momentarily, but it's my understanding that if I do agree to withdraw this amendment, that the chairman and the committee will work with me to help bring reforms to the BATFE, including these written standards, to help United States firearm manufacturers. I would be happy to yield to the chairman and to engage in a colloquy with him regarding that. Otherwise, in the absence of an agreement, then certainly I want to go forward with my amendment.

Mr. Chairman, I yield to the chairman.

Mr. MOLLOHAN. We would, at that point, talk about the point of order a little more.

We want to be responsive to the gentleman. I have not gotten deeply into his concerns, so I'm not sure exactly where he's coming from on this. But I can commit to him that we're willing to talk about it, we're willing to understand more clearly what his concerns are and in good faith work with him. And if there is an accommodation, we certainly want to make it in good faith. But I certainly cannot telegraph or represent to the gentleman an outcome; I can only promise him the process to work with him in good faith on this issue.

Mr. GINGREY. Reclaiming my time, Mr. Chairman, I understand exactly what the chairman is saying. I'm not necessarily expecting any hard and fast promises on his behalf.

And I didn't mean, Mr. Chairman, for the amendment to catch the distinguished chairman of the Appropriations Committee by surprise in any way, not to be blind-sided or coming up at the last minute. We've had the amendment, we filed the amendment. In fact, I had, Mr. Chairman, introduced legislation pertaining specifically to this effect last year in the 109th Congress, so this amendment basically is a follow-up to that legislation.

I want to thank the gentleman from West Virginia, the distinguished chairman. I appreciate your spirit of cooperation. And I know there are some concerns about the amendment, I appreciate that. But I welcome your support on this matter, and I look forward to working with you. Let's discuss it and make sure you understand exactly where I'm coming from in regard to the amendment. I think it makes a lot of sense, and I hope I can convince you of the same.

Mr. Chairman, I ask unanimous consent to withdraw my amendment.

The CHAIRMAN. Without objection, the amendment is withdrawn.

There was no objection.

Way to go down swinging at every pitch, there, Mr. Gingrey.

You eloquently summarized a rogue agency imposing impossible-to-meet standards on a right the government has no business infringing in the first place, and detailed real injustices that are SOP. Hell, gun dealers and manufacturers would be on the endangered species list and eligible for federal protection if this government applied consistent standards.

The chairman basically pleaded ignorance--even though he is responsible to know matters brought before him (As stated--WarOnGuns readers knew about this, and we're to believe he did not?). It's hard to think of any valid reason why he would be in the dark on legislation introduced a year ago. It's not hard to believe he's well versed on the matter and chose to kill it in committee for reasons that are of benefit to his position, power and prospects of advancement.

And what did you get for withdrawing your amendment, Mr. Gingrey, and apologizing to "the gentleman from West Virginia" for his--at best--dereliction of duty? More importantly, what did We the People get?

Nothing. Some weasel words to be willing to talk about it at some unspecified later date, with no promises that the same thing won't happen again. Meanwhile, nothing will change. BATFU will continue with the plan. And Americans who have tried to play by "the rules" (as made up on the spot by the thug du jour) will continue to have their livelihoods--and in some cases, their lives--destroyed.

I understand Mollohan has a pretty good reputation with gun owners. Perhaps it's time for his constituents to reevaluate their support.

Good thing for him this information is confined to a lowly blog that hardly anybody will see, and even fewer will do anything about.

Do You Promise?

Cross your heart?

Nanny 911

Republican presidential hopeful Rudy Giuliani on Monday accused Democrats of favoring a controlling "nanny government"...

Yeah, not like in New York City under your administration, Rudy, where you encouraged free men and women to be responsible for their own immediate defense and not rely on an impossible "the police will protect you" lie.

This Day in History: July 31

Marquis de Lafayette, 19, made major-general of Continental Army

A Grand Step Towards Manhood

Yes, arm him! It will do him worlds of good. He will know then that he has rights, and dare maintain them -- a grand step towards manhood.

Gun Show on the Net has uncovered a document everyone duped by that wretched overseer and profiteer Jesse Jackson ought to read.

Dial 911 and...

...well, you know...

[Via HZ]

BATFU Continues War on Gun Owners

I received the following from Len Savage, who did such a through job demonstrating BATFU criminal incompetence in JPFO's excellent "BATFE Fails the Test" (You've purchased a copy, right?).

He recently testified in another case of agency harassment discussed below. The transcript of Mr. Savage's testimony can be accessed by clicking this link:

David,

Yes I was retained by defense. I have documents, some I have cleared through counsel to share if needed.

Mr. Albert Kwan is an FFL/SOT holder who the ATF was trying to take his FFL. He had NO paperwork violations. ATF wanted to take it for not enough sales and NFA transfers.

The ATF did two things here during this case:

1.) ATF examined every gun in his inventory [by flying out a firearms technology branch expert]. Many were forwarded to FTB for further "testing". The ATF took a semi version of the M-14 and the ATF, not Mr. Kwan and made a machine gun out of it. The ATF claimed it was a machinegun because it was made from a MG, "once a machine gun always a machine gun", and that it was also "readily restorable" as well, and it only took a small arms expert, in a government research facility about 30 minutes to make it fire full auto.

2.)The ATF later added a superseded charge of an un-registered Short Barrel Rifle because Mr Kwan had a Heckler and Koch VP-70 model M [machine gun], with factory "Holster/Stock" [plastic version of Luger or high power wooden holster/stock], a spare "Holster/Stock", and a VP-70 model Z [semi only]. All perfectly legal.

During the attempts to take Mr. Kwan's FFL the local ATF office came to gather ANY "post dealer samples" or machine guns made after May 19, 1986. The ATF own records [National Firearms Registry, and Transactions Record or NFRTR] is incomplete, and filled with errors.

The ATF took Mr Kwan's VP-70 M machine gun stating ATF records indicated it was a "post dealer sample" [though later found to be imported in 1977 as a dealer sample]. They left the spare holster stock, and the Semi version. ATF later charged Mr. Kwan for "otherwise combined" or constructive possession, because the ATF was able to attach the Holster/Stock to the Semi VP-70 during a second visit.

There is going to be a hearing on Aug 3 over this Short Barrelled Rifle, because it appears perjury DID occur during the trial [by ATF]. I see a retrial on the SBR charge at very least, This may even get set aside. The ATF took what was a legal "equation" of parts and firearms, took specific items by force, then later charged the man with an "illegal combination" for the remaining parts they did not take the first time. US v. Thompson center is on point here.

Here is simple write-up a friend did for me concerning the transcript:

This is the official transcript of Len Savage's testimony on June 19, 2007 in the Albert Kwan case. Kwan was charged with possession of an unregistered machine gun and possession of an unregistered short-barreled rifle. A jury acquitted Kwan of the machine gun charge, and found him guilty on the short-barreled rifle charge.

In his testimony Savage established himself as a firearms expert and showed that the BATFE needed to spend a significant amount of time and effort to modify Kwan's M14 semi-automatic rifle so that it would function as a fully-automatic firearm. He also debunked the BATFE's "once a machine gun always a machine gun" regulation and listed several instances where the Firearms Technology Branch had made mistakes in classifying firearms. Finally, Savage explained how the BATFE could prosecute most gun owners for possession of an unregistered machine gun: given enough time, tools, and parts, any semi-automatic firearm can be converted to a fully-automatic firearm.

I fear that Ryan is about to get the "treatment".

Len

These creatures just won't stop. And remember, they're doing this under the "authority" of a "pro-gun" administration.

UPDATE: Some have indicated they have problems and the link to the Savage document will not open. Whose Paranoid has graciously offered to host some files for WarOnGuns, so an alternate link to access the document is:
http://www.whoseparanoid.com/wog/pdf/USA_V._KWAN_-_SAVAGE_TESTIMONY%5b1%5d.pdf

For All You Folks...

...relying on majority rule democracy to save us...

And the sad thing is, the question doesn't appear particularly loaded.

Nice to see our friends the "small government Republicans" taking such a significant lead in endorsing the police state...

What I don't see is how this is weighted for what part of the country people live in.

Hendren Allegations Against Fincher: Another Viewpoint

On Saturday, I posted a link to the most recent news article about the District Judge accusing Wayne Fincher of financial misrepresentation. His commentary is damning--if you accept his allegations on face value. Knowing this could have a profound effect on support, I elected to hold off on posting it until I could get "the rest of the story" from someone with intimate knowledge not just of the case, but of the man himself.

The following missive is from Paul W. Davis, and presents facts the Judge did not find convenient to bring to anyone's attention, as well as corrections of erroneous assumptions--not surprising, since Hendren also deems consideration of the "supreme law of the land" has no place in a federal courtroom. Please read it and keep keep it in mind when reading the judge's attack on his victim's credibility (see link 0n the ruling at end of Mr. Davis' statement):

Gentlemen,

Judge Jimm Larry Hendren has thrown a considerable kink in the works concerning Wayne Fincher. I found out about it when I got home from work Friday afternoon via Oscar Stilley. I went to PACER and downloaded the Opinion, which is attached to this e-mail.

I can tell you that the potential damage to Wayne and his case is tremendous. This ruling is very damaging to Wayne's reputation and character. However, I can also tell you that much of what Judge Hendren concluded is misguided and misinformed, if not outright twisting of the facts. There is only one portion of the entire 22 page ruling where I truly cringe about the comments Wayne made, which were inadvisable.

Please read the ruling. Also, do please heed the comments that I am about to put before you:

I have known Wayne Fincher since early 1994, when the Militia was first formed. I was asked to be one of the officers at that time. I subsequently resigned the Militia in 1997, due to incompatibility with preaching the Gospel. Though I left the MoWCA, I continued to associate with Wayne. In all the 13 years I have known Wayne, I have never known him to knowingly lie about anything.

Though Wayne is well-versed in the Second Amendment, he does not understand much of the workings of the legal world. He is not at all familiar with the Federal Court system and its processes. Moreover, Wayne is very straightforward, and does not really understand those who are not. He has a difficult time conceiving that the people he deals with would be fundamentally dishonest with him (this is why he never ran the Confidential Informant off, even when warned about the man by his nephew and wife). Thus, he does not understand how his statements can be twisted to mean something entirely different than what he meant and stated.

Wayne is an Arkansas country boy (I do not mean that derogatorily; it just means that he is not "sophisticated" in the sense of the world). As such, he was not prepared for the reaction of the Federal Government and the subsequent actions of the court. When he was arrested and imprisoned, it literally turned his world upside- down and left him confused as to what was going on. Moreover, the U.S. Marshals and the Sebastian Co. Jail prevented him from having any information about what was happening. This is not to say that Wayne is (or was) ignorant. Rather, it is to say that he was not at all mentally and emotionally prepared to be arrested and held virtually incommunicado. Thus, he made statements that were not the wisest statements that could or should be made.

Now, the land in question (which is where all Wayne's "wealth" comes from) is not at all what Judge Hendren makes it out to be. While it is true that some of the surrounding properties have sold for $2,000.00 to $4,000.00 per acre, Wayne's property is considerably different from those surrounding properties.

Wayne's property sits atop a rather large hill. The topsoil is very thin and nutrient poor. There is no all-weather access to the property, primarily due to a stream that must be forded at the bottom of the hill. During heavy rainstorms, the stream is impassable. The single "road" (to me it is a road, as I grew up in Western NC and lived in Alaska for 2 1/2 years) is barely more than an unimproved trail that is just wide enough for one large vehicle. The reason for this is the existing verbal agreement with the three (3) landowners whose property must be crossed to reach Wayne's property (an all-uphill climb). This agreement concerns a 15 ft. right-of- way that has existed since Wayne was a little boy. This is the only right-of-way to the property. If the property ever transfers out of the family, the agreement is null and void and the property becomes land-locked (hence, virtually worthless). In addition, there is no county water to the property, and the only water source is a small spring behind Wayne's house. Moreover, there is a cross-country high- tension power line that crosses the full length of his property West to East. The right-of-way and easement is 100 ft. wide and approximately 1000 yds in length. The property in this right-of-way cannot be used for any other purpose.

Even though the hilltop where Wayne lives is cleared, it is not level, and on all but the South side of the hilltop there are near-vertical bluffs. On the Western end, the bluff is over 100 ft. high and drops into a box canyon. This area is impassable except on foot. On the North side, the bluffs are less steep, but no access exists (nor could it exist there) due to the fact that the property was sold out of the family several years ago when Wayne's cousin died. The current landowner has no desire to have a right-of-way across his property, and the bluffs are too steep to accommodate a road. On the Southern side, the terrain would accommodate a road, but there exists no outlet to any county road, and no right-of-way. Only on the Eastern side of the property, where access currently exists, is it possible to enter the property with vehicular traffic. However, as previously discussed, that access would cease to exist as soon as the property leaves the Fincher family.
What Judge Hendren never inquired about was the possibility of obtaining a mortgage loan to pay Wayne's legal fees. If he had, he would have found out that several years ago, Wayne tried to buy a 10-acre patch of ground that belonged to his cousin. Wayne wanted that land because it abuts his property and it is land- locked. When he went to the bank, they would not loan him the $10,000.00 to purchase the land, as his own property had no legal, transferable right-of-way. Now, if the bank won't loan you the money, how can you raise any money to pay legal fees by that method?

Physically, Wayne cannot work a daily job, as he has significant back and hip problems. He has earned some money over the years making broadheads and doing gunsmith work. His shop has the equipment he could afford in it, which is mostly cast-offs from the factories in Fayetteville. His wife Linda works for Tyson for $10.50 per hour. If it weren't for the fact that they have the land free and clear, they would have never made it over the years.

As far as the family is concerned, there have been difficulties between Wayne and Linda and the two daughters. It was only after Wayne was arrested that the younger daughter decided she would set aside whatever differences they had and reconcile. When this happened, Wayne saw an opportunity to do what he has wanted to do for years, and couldn't, which was give the land to both his daughters for joint ownership. Unfortunately, the Judge does not, and did not see it that way, even though Wayne, Linda, Connie and Carol all testified to that fact.

There are some statements in the Opinion that are damaging to Wayne. Without any context to put those statements in, the picture looks very bad indeed. However, I do know differently. There was, and is, no pattern of deceit, or any attempt to play the Court for a fool. Neither was there any attempt to get legal counsel at taxpayer expense. In the context of a jail cell, I can see Wayne stating that the land was maybe worth $2,000.00 to $4,000.00 per acre, but that he really didn't know what the land was truly worth. Hence, the statement "unknown" when he had to place a value on the land. In all reality, the land is worthless to any developer or potential landowner/homeowner, as none of the adjoining landowners are required by law to grant a right- of-way.

I hope and pray that this gives you all a better understanding of the Opinion and from whence it comes. I do hope that it does not cause any of you to back out of supporting Wayne and his particular case. I know that given time and the correct resources, I can prove Hendren absolutely wrong in his assertions in this Opinion. Virtually every conclusion Hendren comes to is skewed and baseless, given all the facts. However, from the outset I perceived that Hendren was on a fishing expedition in this little episode.

Gentlemen, I ask your understanding and support. Wayne is my friend. He is not perfect, and he occasionally does (and says) some not-so-bright things. Sometimes his timing is terrible as to when he acts (as in the timing of the transfer of the land). Nonetheless, he remains my friend (since I'm not perfect either, it works out pretty well).

As I stated at the beginning of this letter, I have attached the Judge's ruling. It is in PDF format.

In Christ,

Paul W. Davis
http://www.reproachofmen.org/

UPDATE: Some have indicated they have problems and the link to the Hendren document will not open. Whose Paranoid has graciously offered to host some files for WarOnGuns, so an alternate link to access the document is:
http://www.whoseparanoid.com/wog/pdf/Hendren%20on%20Fincher.pdf

Live and Learn

Thus, D.C. v. Heller is the name of the case in the Supreme Court, and if the Court grants D.C.'s certiorari petition and hears the case, that is the name it will go down under in the history books.

Commentators should get used to calling it Heller, not Parker.

From an anonymous comment, so I don't know the poster's credentials, but it sure sounds like he knows whereof he speaks.

Anyone have anything to add?

I just received a new comment. D. W. Lawson confirms:

According to the pleadings posted on Mr. Gura's website, it is known as: "District of Columbia and Mayor Adrian M. Fenty, Petitioners, v. Dick Anthony Heller, et. al., Respondents".

Right now the link is down. I'll check again later.

This Day in History: July 30

The enemy have as yet received no reinforcemint this Campaign. Lord
Cornwallis is lately arrived from England; and it is said a fleet with seven thousand men sailed a few days before him.

We're the Only Ones Caught and Released Enough

Federal officials at Metro Airport...caught Sylvia James, chief judge of Inkster's 22nd District Court, with a loaded handgun in her luggage...James, who was described as very cooperative with TSA agents, was questioned and released.

Hey, if you catch me with a loaded handgun at the airport, will you let me go too, and tell people how cooperative I was?

Or aren't I a big enough fish?

[More from "The Only Ones" files]

A Joint Effort

Leading officials from Maryland, the District and Prince George's County will announce a set of initiatives today aimed at cracking down on gun trafficking, tightening laws that govern firearms use and improving information-sharing among law enforcement agencies.

I guess that's a lot easier and safer than going after the monsters causing the carnage.

Do they call it a "joint effort" because that's what the people who support these loopy ideas are smoking?

Anti-Gun Hijinks

In an fine example of locker room hijinks that go wrong, the Kansas City Royals' Emil Brown hit a reporter with a pellet gun in the team's clubhouse on Friday afternoon.

Not the Kansas City Royals that "have lent their corporate support to gun control initiatives or taken position supporting gun control"?

It's Gotta Be the Gun

A MAN has been shot dead and two others, including a teenager, have been injured in two shootings - one at a funeral wake for another gun victim.

Those guns really make people do bad things, don't they? Especially the banned ones?

I mean, it's not like there's any other plausible explanation...

And believe it, Patsy (fitting name). You've helped make it inevitable.

Switzerland Mulls National Suicide

Switzerland's the only country that requires its soldiers to keep guns at home. But concerns over high suicide rates and killings within families have caused some to ask whether having them there is simply too dangerous.

"Some"? Oh, you mean the stupid, the irrational, and those who manipulate them.

This Day in History: July 29

James M', Daniel, tried by a General Court Martial, whereof Col. Glover was President for "forgeing an Order of General Putnams to obtain a quart of Rum, and for abusive Language to Col. Gridley" and ordered to receive twenty Lashes. The General confirms the sentence, and orders it to be executed after prayer time to morrow.

"The Big One"

The case of District of Columbia v. Heller is barely at the Supreme Court's starting gate, yet nearly everyone involved has a growing sense that this will be the Big One.

I never heard Parker v DC referred to that way. Did Law.com goof?

I wonder if the court will actually agree to hear this?

The most disturbing statement for me:

"It will take an eternity to resolve."

I don't have that much time. Neither do my children. In the mean time, people are dying and their lives are being destroyed.

You "incrementalists" are going to have to do a lot better than that if you want us "extremists" to tone down the rhetoric.

Fincher Ordered To Pay For His Attorneys

A federal judge ruled Friday that Hollis Wayne Fincher misrepresented his financial condition and will have to pay for his court-appointed attorneys.

Nothing like kicking a man while he's down, eh, Jimm Larry? I understand in communist China, they make families pay for the bullets used to execute prisoners.

There's more to this than meets the eye, and I'll get into it later pending a review with some of the affected parties. For now, I'd just like to address the judge's libel that Wayne is not honest. For someone who wouldn't even allow "the supreme law of the land" to be acknowledged in his courtroom, that takes a lot of damn gall.

Jered and the Baby Killer

He was among only 36 Americans, mostly young people, whose video clips were chosen out of the thousands submitted.

Yeah, CNN knew exactly what they were doing. I know many gun bloggers have defended this guy, but reading that "at the moment, he likes Sen. Barack Obama" for president tells me everything I need to know.

Why would anyone on "our" side support a "baby" killer?

We're the Only Ones Brain Dead Enough

The Commissioner of the Ontario Provincial Police promised to crack down on gun crime and stop "brain dead killers" with an additional $26-million provided by the provincial government to hire 200 new officers.

Because the "liberal" solution of throwing plunder at the problem has always worked so well in the past...

[More from "The Only Ones" files]

This Day in History: July 28

BATFU Harassment Charge PDF File

Thanks to Kosmic for reminding me about esnips, which allows me to store documents Blogger won't host. I'd tried this service some months back to post some Citizens of America ads, but many of those wouldn't save properly and I gave up and forgot about it.

Anyway, here is the document BATFU filed complaining Red's Trading Post was picking on them. Previously, I'd just posted this as a series of JPEGs.

Here's my caveat--the title link works from my computer, but it gets me to a page where it recognizes me, so I haven't tested it from anywhere else. Please let me know if you can't access this (assuming you have Adobe Reader!!!).

This business of bringing me up to speed with any kind of technology can be a real challenge...

The Camera Doesn't Get More Candid

Despite their asbsurd and tyrannical attempt to restrict the use of images involving their activities and personnel, I have decided to post the first internet photos of BATFU Area Supervisor Linda Young on site at Red's Trading Post.

Before I do, I want to make it clear: Ryan Horsley did not provide me with these images, nor am I doing this at his request--so any attempt to punish him for actions that are solely my responsibility will be unfounded.

He also had no hand in directing the taking of these pictures--they are the work product and idea of another individual, who, unless I get permission, will remain a confidential source. If anyone in the federal government or courts wishes to challenge my right to do this, bring it on.

Here is a more detailed close-up to assist the public in identifying public employee Young as she performs public functions in public places:



Uh, Miss Young, I think I may have figured out why you're so uh...camera-shy. What I can't figure out though, is if that's a stain going down your back leg, or a shadow...?

CNNtegrity

I was a bit dismayed and a little surprised to hear a CNN Headline News analyst refer to gun owners and "gun nuts" and "Second Amendment literalists" in
an offhand comment during a report on the recent TSA report of suspicious
activity.

Yet another example of why we lowly bloggers aren't considered "authorized journalists."

An Incremental Amendment

This needs support. Contact your Reps. and get them to support it.

AMENDMENT TO H.R. 3093, AS REPORTED OFFERED BY MR. GINGREY OF GEORGIA

At the end of the bill (before the short title), insert the following:

TITLE VII—ADDITIONAL GENERAL PROVISIONS SEC. 701. None of the funds
appropriated by this Act may be used by the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives to pay the compensation of employees of
the Bureau of Alcohol, Tobacco, Firearms and Explosives to test and examine
firearms without written and published testing standards.

Yeah, in lieu of defunding and jailing them, I guess this is an incremental step in the right direction. But while we're amending this, here's one other clause that needs to be struck:

Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c)

Why the hell not? Whose bright idea was this in the first place, who wants to retain it, and what is their reason for doing so, aside from their just being jerks?

[Via HZ]

This Day in History: July 27

On the morning of July 27, 1777 a group of Indian allies of the British advance raided the outskirts of the village, and Jane and Mrs McNeil were taken hostage. As the Indians withdrew, they were separated. Mrs McNeil was later united with her cousin, but discovered to her horror that another brave had Jane's scalp.

Open Questions for BATFU DIO Richard Van Loan--and an Announcement

So, Dick: Is all this publicity over your heavy-handed persecution of Red's Trading Post the reaction you were hoping for, or is this simply another manifestation of your agency's legendary incompetence resulting in "unintended consequences"?

Is all the hatred and contempt good Americans have expressed for you and your little "gang" a surprise to you, or is it just another motivating factor that drives you in your ongoing personal crusade against "shall not be infringed"?

Are you starting to feel the heat yet from your "superiors" (pity you appear to be answering to the wrong ones) for making a very public mess of what could have been a simple audit? I can't imagine they're too happy with you and your underlings right now.

Allow me to add to their--and your--discomfort, Dick. Tomorrow, I'm going to post photos of Area Supervisor Linda Young on this blog. I'm announcing it now for two reasons: first, to generate as much traffic as possible to see and spread the pictures, and also, to see if you'll try to get a court order preventing me from doing this--that'll be a story in itself. Make that three reasons: I won't mind if you sweat a bit in anticipation.

Better show this to your bosses, Dick. There isn't much time.

"Stop Exposing Us!"

JPFO weighs in on Red's.

As the producer of a documentary about ATF, they're particularly concerned about the agency's claimed authority to restrict using images of its activities and personnel.

Radio Free Red's

Ryan Horsley joined Larry Pratt as a guest on "Top Story". His segment appears about 28 minutes into the broadcast--give it a listen. He repeats something he's told me before, and we need to press for more details as well as an official resolution: The local sheriff has called BATFU about their investigation and his calls have apparently not been returned.

THIS JUST IN: RYAN TO APPEAR ON "CAM & CO."
It's starting now--per Ryan, his segment will start at 12:40 EST.

UPDATE: After the interview, Cam responded to an instant message and says he's going to call Ryan every day to check up on things.

Forfeit This

I mentioned yesterday how someone from the Treasury Department's Executive Office of Asset Forfeiture was lurking at WarOnGuns.

I sent them the above email, transcribed in full below:

I want to know why someone from your office was visiting my blog, The War on Guns. If it was someone visiting for personal reasons, I object as a taxpayer having government facilities used during working hours. If it was due to acting in an "official" capacity, I can't imagine why, unless it was in regards to my reporting on BATFE activities. If it was to send a "ping" that my site is being monitored, I'm curious as to what purpose you think that would accomplish--I certainly hope it's not meant to intimidate. Or perhaps it's just an automated search related to "homeland security" based on keywords? If you're interested in that, have I got some citizen militia activation suggestions for you.

I'm going to post this email, as well as any reply (or lack of one) I get from your office.

It may be nothing, or it may, as some have speculated--be calculated to chill. I figure the best way to handle things is using the same standard I impose on myself: conducting my public affairs in the full light of day.

Why would any government agency fear that?

Wayne Fincher Contact and Support

From Wayne's daughter, Connie Fields:

TO ALL,

You can write to dad by using his new address.

Hollis Wayne Fincher
07863-010 (MUST HAVE THIS NUMBER WHEN SENDING HIM ANYTHING)
P.O. Box 9000
Forrest City, Arkansas
72336

If you want to send money(money order) the address is:

Federal Bureau of Prisons
Hollis Wayne Fincher
07863-010 (MUST
HAVE THIS NUMBER WHEN SENDING HIM ANYTHING)
P.O. Box 474701
Des Moines,
IA 50947-0001

All money must be sent to this address. The prison doesn't take any money.

Dad can have up to 25 pictures or less, 5 magazines, 5 paperback books.

NOTE: Inmates are allowed to receive magazines, soft cover books, greeting cards and photos( NO POLAROIDS). All hard cover books and newspapers must come directly from a publisher(BOOK STORE ETC.) Please note that any photos,magazines or books that show any form of nudity will be rejected by mail room staff.

When I know more I will let you know.

C.Fields

I note the "he got what he was asking for" folks are resurfacing in forums.

If every one of us did what Fincher did, there would be no more gun control laws in this country. Because we will not stand up en masse, any one of us who does will be cut down.

And Fincher did not just do this carelessly or casually, as implied. "The Silver Bullet" and other documents, as well as years of history corresponding with various public officials and the governor to notify them of their activities shows a thought-out strategy. The reason that strategy did not work is not because it was wrong in terms of founding intent and natural law, but because corrupted legal precedent is given more weight in our courts than unalienable rights--and We the People allow it through apathy, ignorance and fear.

Fincher's testimony was suppressed from the jury, as was mention of the Constitution, the 2nd Amendment...and they were instructed to obey the judge and accept his interpretation of his authority and the law.

It's true, I would not have put myself in harm's way the way he did--but that has more to do with my not trusting our "justice system" to deliver what its name promises than it does with any flaws in Fincher's legal reasoning.

Rather than belittle the fallen, we ought to be helping in his time of need. Because if we don't restore Wayne Fincher's vision of the Republic, it will be just a matter of time before we follow him to the dungeon or worse--unless we surrender not just ourselves, but our children.

[More about Wayne Fincher from WarOnGuns]

Red's Making the Rounds

The ongoing BATFU persecution of Red's Trading Post got picked up by Instapundit.

Personally, I can't see any legitimate reason for ATF personnel conducting a routine inspection not to be photographed.

This opinion from a notable legal scholar carries significant weight, so I urged Ryan Horsley to make his attorney aware of it.

I'm also delighted to see the term "authorized journalist" gain wider recognition and acceptance.

Of Arms and the Law has a useful comment by Rivrdog I also called to Ryan's attention.

And SayUncle gives us a laundry list of agency abuses over the past few years.

Not meaning to leave anyone out, here's a link to other blogs covering this story.

This Day in History: July 26

On July 26, 1775, members of the Second Continental Congress, meeting in Philadelphia, agreed:

That a postmaster general be appointed for the United Colonies...

More on the Fincher Defense

I will be assisting lead attorney Quentin Rhoades of Montana in the appeal of Washington County Arkansas Militia Commander Hollis Wayne Fincher in the case U. S. vs. Fincher.

These are the folks who will be handling the appeal mentioned earlier today.

Uh...Can I Help You Guys?

Now why in the world do you suppose these people are interested in this blog...?

BATFU Claims Red's a "Credible Threat"

A federal agency has accused a local gun shop manager, who is also the Twin Falls City Planning and Zoning Commission chairman, of posing a credible threat to its agents' safety by harassing and intimidating them.

Here's the local take on the latest at Red's.

BATFU/DoJ Reneged on Deal to Stifle Red's

Yesterday I mentioned:

I've been sitting on some facts for a few days at the request of Ryan Horsley. BATFU had threatened him that he needed to cease all blogging and keep their agents and inspectors free from being photographed or observed, or they would go to the judge and file a complaint of harassment. Ryan was in a dilemma--he has been single-handedly bearing the burden of his defense against a fe(de)ral government with practically unlimited resources--yet if he continued to allow his
persecutors to operate in the dark, that is where they would kill Red's.

Here, as Paul Harvey says, is the rest of the story:

Ryan had been agonizing over this--on the one hand, he wanted to fight for what was right, and keep people informed of what was happening. On the other, the threat of a complaint like the one that was filed would mean a new round of legal expenditures that could break the bank. His legal counsel worked behind the scenes and received assurances from the US Attorney that the complaint would not be filed if Ryan simply did what all clients are advised to do: keep quiet and rely on non-involved observers to do the reporting.

Here's what the government demanded in order to not go to the judge:

No more video recordings of the ATF
No more audio recordings of the ATF
No more pictures of the ATF
No more information being posted about the inspectors
No more publicity
No more blogging
No more letting supporters know when the audits/investigations are being conducted
No allowing supporters to come in contact with the ATF (ie, speak with, video tape, photograph, etc.)

This is the agreement Ryan thought had been negotiated. This is what our government, instituted among men to secure the blessings of liberty, now demands of its citizens. Except US Attorney Deborah Ferguson and her BATFU "clients" reneged on their promise, and filed anyway after Ryan had reluctantly begun holding up his end of the deal and stopped posting.

WorldNetDaily Covers Red's Blog Controversy

...and mentions WarOnGuns. I had to laugh when they quoted me on the acronym "BATFU."

That aside, this is exactly the kind of response we need--focus attention and light on the persecution agenda--it's the only chance Red's has to keep from being murdered in the dark.

BREAKING NEWS: WAYNE FINCHER IMPRISONED

"We Cried all the Way to Prison"

From his daughter, Connie Fields:

Just to let you know that we got dad to prison on time. I never knew how hard something like this could be. We left at 3:00 a.m. this morning and we told stories, took pictures, ate breakfast and had a good time. We went for lunch and it started getting harder because you knew what was coming next. We cried all the way to the prison. It is not right to take a man like my dad to prison. You cannot imagine how we felt at that moment when we had to turn him over and know that he couldn't come back home with us. We all hugged him several times then watched as they took him away. He kept waving at us till they shut they door. He his in the Minimum Security at Forrest City, Arkansas which is very good. It may be a week or so before we hear from him. Will let you know as soon as we do.

Please remember him and us in your prayers. Thanks for all the prayers and all the help everyone has giving. Thank you from the family of HollisWayne Fincher.

I'll have more on this later. For right now, there is a defense fund set up for his appeal. As WarOnGuns regulars know, I never ask for any contributions for myself, and never ask anyone to contribute to any cause I don't also pony up for. Here's Connie's follow-up email:

As you know or may not know we have new lawyers that are doing the appeal. They have offered they services for PRO BONO. The only thing is that we have to pay for traveling fees and filing fees transcript fees etc.

We have set up an account at Arvest Banks that you can deposit money into the account. If you electronic deposit or wire money the account the information is routing number 082900872 account number is 0037421461. If you deposit at the Arvest bank the account is under Connie Fields H.W. Fincher Fund Account. Account Number 0037421461.

If you want to send money by mail send to Connie Fields H.W.FINCHER FUND ACCOUNT P.O. BOX 215 ELKINS ARKANSAS 72727.

This Money is for the attorneys. The main attorney is from Montana, his name is Quentin Rhoades and the other attorney's name is Stewart Rhodes and he is from Las Vegas, Nevada. These lawyers we feel are very qualified to handle this case. I know that people have given to this cause before and we thank you but, now we need your help again. This appeal is going to cost approximately $5000.00 just to go to St. Louis, if this goes to the Supreme court approximately another $10,000.00. Please help any way you can to keep your Second Amendment Rights and FREE WAYNE. Thank You very much from the family of Hollis Wayne Fincher.

I can't speak for anyone but myself. My check is going out in this afternoon's mail.

This Day in History: July 15

July 25, 1775...Maryland issues currency depicting George III trampling Magna Carta

Come Out, Come Out, Wherever You Are...

So--Area Supervisor Linda Young--now that we see your pals lurking, why not step out of the shadows and answer a few questions from your real Masters? As much as that concept may make you laugh--for now.

Ryan says the person taking pictures "was a 70 year old man in a Hawaiian shirt who is balding (Sorry, Al) and has a broken foot. Yet 3 inspectors felt that they were in danger. I did not tell him to come in or take pictures. Although that is not illegal."

You couldn't just go up to him and talk to him if you were concerned, and find out for yourself that he was no threat? Or is it that you just won't tolerate the rabble getting uppity? You had to go and make a federal case out of it? Of course you did.

What is it about We the People that fills you with such fear? Possibly the gnawing, inescapable knowledge that you deserve to feel guilt for what you do to sovereign American citizens, and that a decent person could not so persecute another human being?

Is that what makes you lash out in rage at someone who will not bend his knee and present his neck--just because you, Area Supervisor Linda Young, and you, DIO Richard Van Loan, demand it?

Perhaps some day "following orders" will be as useless a legal defense here as it was at Nuremberg. Here's hoping the good people of this Republic will hasten the day when your fury will be impotent, and those who reject and scorn and laugh at you can do so without fear of "official" retribution. Here's hoping for the day when it will be your heart that races, your palms that get clammy, your stomach that churns, when official auditors show up to reconstruct your activities.

In the mean time, enjoy the lurking. Stick around and check out some other posts.

We're on to you here, and more are catching on every day.

BREAKING NEWS: BATFU ACCUSES RED'S OF "HARASSMENT AND INTIMIDATION"

I've been sitting on some facts for a few days at the request of Ryan Horsley. BATFU had threatened him that he needed to cease all blogging and keep their agents and inspectors free from being photographed or observed, or they would go to the judge and file a complaint of harassment. Ryan was in a dilemma--he has been single-handedly bearing the burden of his defense against a fe(de)ral government with practically unlimited resources--yet if he continued to allow his persecutors to operate in the dark, that is where they would kill Red's.

The new complaint is calculated to be a death blow to Red's--both financially with additional legal expenses they cannot afford, and by giving the judge an excuse to side with thugs portraying themselves as victims.

Blogger doesn't give me the capability to present .pdf files, so I have converted the documents sent to the judge into jpegs:

"Exhibit A" is a print out of this entry from Red's Blog.

Note assumptions in the accusation--that BATFU now has authority to decide who is an "authorized journalist," that providing oversight of government activities and the identities of those responsible for abuse has "no legitimate purpose but to intimidate and harass," that the distinction between an inspector and an agent is not automatically understood by those outside the agency, and that the only opinion expressed that is cited for judicial cognizance comes from an anonymous comment poster--not from Ryan Horsley. In fact, there is no evidence that the comment in question was not made by a BATFU agent (oh, sorry, "inspector"?), employee, snitch or agent provocateur.

Note that the offending comment has been removed by Ryan. It said this:



This is clearly something Ryan had no control over, makes no specific threat, plus it expresses an opinion that, as much as they don't want to admit it, reflects a sentiment of the agency's creation. But presenting this is designed to prejudice the judge. That said, I too have deleted comments from this blog that I thought crossed a line that would erode the post's credibility or I simply thought was inappropriate.

I repeat my call for a rapid response team of "minuteman" volunteers to make themselves available via a phone tree to go to gun stores being audited, and audit/document/photograph the auditors. Don't let creatures of the shadows hide there--expose them to the light and make them live there--or cravenly slink back under the baseboards where they belong. You can also help by spreading the link to this post to fellow gun owners and letting them know what is going on. BATFU is relying on people remaining uninformed and apathetic.

A Missed Bulls-Eye, Indeed

In a YouTube video, a Michigan man brandished an automatic rifle, saying “This is my baby. Are you going to protect my baby?”

Here's the video in question:



"Authorized journalist" Steve Terrell did get one thing right--not about his panty-wringing hysterics, or his ignorance (or intentional deception) by referring to "an automatic rifle," but in his observation that Gov. Richardson missed a great opportunity.

He should have chastised the questioner for performing an agenda-driven stunt. He should have demanded the guy's background be looked into, to see if he was really a gun rights advocate or a mole from the other side trying to make gun owners look like lunatics. He should have also chastised CNN for allowing a question designed to push so many buttons through without also allowing for a rational question about the rights and responsibilities of gun ownership to be made--it's not like the network didn't sift through all submissions to pick and reject based on their own subjective criteria.

And what the hell does "purchased under the 1994 gun ban" mean? That was a restricting, not an authorizing edict.

Anybody from Michigan hunting, shooting or gun rights communities know this Jered Townsend character? If he is one of "ours," tell him he came off like a moron and did us immeasurable public relations harm. If, as I suspect, he's a plant with an agenda, we should know that, too.

Gee, I wonder if CNN will do the follow-up to find out? Holding your breath, anyone?

And isn't it pathetic that potential leaders of our Republic are little more than contestants in a combination of "Are You Smarter than a 5th Grader?" and "America's Funniest Home Videos"?

Apportioning the Blame

Hip-hop stars Lil' Wayne and Ja Rule have been arrested on separate gun possession charges in New York.

And they seem like such nice young men. If this doesn't prove all the problems in "the community" are the the fault of NRA and suburban gun shops, nothing will.

Hiding in Plain Sight

Winnipeggers looking for an answer to the gun violence that has ripped through the city in the past two weeks will likely turn to the city, provincial and federal governments, all of whom say they are already well aware of the problem and are doing their best to solve it.

Sometimes, "their best" isn't good enough. The reason the "gun-crime fix [is] elusive" is because they're looking for it everywhere but where the solution lies--within a responsible and capable armed citizenry. Within themselves, once they peel away the layers of prejudice, cowardice and excuse-making.

BATFU Making Presence Known on Blogs

One supporter noted that he thought that they would be a little more discreet about spending so much time on websites. The point is not to be covert, it is to let you know that they are watching. This is an attempt to "mark their territory".

I knew some people who had a cat that kept spraying the furniture. I don't recall if they had it neutered or put down, but they finally did something that left them free of the mess and the stench.

[More about BATFU and Red's Trading Post from WarOnGuns]