Results 1 to 10 of 10


  1. #1
    Join Date
    Jun 2006
    Washington Island, across Death's Door, Wisconsin, USA

    Post imported post

    Gun Owners Foundation

    by James H. Jeffries, III
    "There is no wholly satisfactory substitute for brains, but silence does pretty well." --Anonymous
    PROBABLYone of the least favorite events for any Federal Firearms Licensee (hereafter "FFL") is a visit from the Bureau of Alcohol, Tobacco and Firearms (hereafter "BATF"). This can occur in one of at least six very different ways and your legal rights and recommended responses vary accordingly.
    For purposes of the following discussion I will assume that you are a law-abiding licensed dealer or collector who tries to comply honestly with the federal firearms laws. If some of the discussion below seems excessively cautious, or even hostile to BATF, it is based on real world experience with an agency which has been found by Congress, by various federal judges and juries, by other federal and local law enforcement agencies, and even by some Presidents to be inept, indifferent to citizens' rights, and capable of the most outrageous abuses of the law.

    BATF operates under the rationale of requiring you to comply with the law. I operate under the rationale of requiring BATF to comply with the law. I required this of BATF as a federal prosecutor for almost 30 years, and I require it as a private citizen and as a lawyer. You should require it as an FFL.

    A non-licensee has no legal duty whatsoever to talk to or otherwise cooperate with a BATF agent (or any other governmental official). It is a sad commentary on our times and the state of our federal government (and especially BATF) that the appropriate legal advice from a defense lawyer to a non-licensee confronted by a federal or state law enforcement officer can be capsulized in a single sentence called RULE ONE: Silence is golden; or what part of "no" don't you understand? If you are an FFL, however, additional considerations come into play.

    The Tracing Center Inquiry. Most active dealers have had a telephone call from BATF's Tracing Center at some time or other inquiring about the disposition of a firearm whose serial number traces to the dealer. This is usually an inquiry concerning a third party and does not implicate the dealer. It should normally occur during your listed business hours, although emergency traces in high-profile matters could occur at any time of the day or night. These inquiries are authorized by law in official criminal investigations and as a licensee you have a statutory duty to cooperate by furnishing the requested information.

    Be aware, however, that the Tracing Center is a part of BATF's criminal enforcement apparatus whose function (and principal interest) is to put people (including firearms dealers) in jail. You should always obtain the full name and telephone number of the caller and note it in writing. An entry in your bound book alongside the entry for the firearm involved would not be inappropriate. If in doubt about the caller's identity, you should terminate the call and call back before giving any information. Cooperation would include supplying copies of any related documents. Never surrender an original document or legally-possessed firearm (or other property for that matter) except in response to a summons, subpoena, or court order, and then only after obtaining legal advice.

    When faced with the prospect of providing information to the government, keep in mind that there are only two legal options: silence or complete truthfulness. Lying (even by partial truths or literal but misleading true answers) is never an option. A false statement to a federal officer in his official capacity is a felony akin to perjury, and usually much easier to prosecute and prove than the matter being investigated. If you cannot speak truthfully without incriminating yourself or injuring your legal interests, then remember RULE ONE.

    If the inquiry is about a Title II firearm, you should attempt to determine if the trace was initiated by local law enforcement. If it was, you should remind the caller that the information requested is privileged tax information and that it is a federal felony for BATF to disclose the information outside the agency. Your interest in this aspect is that you do not wish to aid and abet the commission of a felony -- even one committed by a federal official.

    Occasionally a tracing inquiry will be made in person by one or more special agents. They are, of course, purely criminal investigators whose only function (and interest) is to put people (including firearms dealers) in jail. Write down the names and badge numbers of all present. If anyone present is not a BATF special agent, inquire why that person is present (and later note the response in writing). If there is more than one agent, inquire why. If anyone refuses to display official identification direct them to immediately leave the premises. If they refuse, call the local sheriff or police and make a trespassing complaint.

    Do not allow anyone to search your records, premises or inventory for the information or items being sought. You or your employee do the searching, retrieving and copying. The same rules apply with respect to refusing to turn over original documents or items of personal property. If an agent should physically insist on taking custody of an original record or legally-possessed firearm or other item of property, resist verbally and vigorously, but not physically. Advise him calmly that your first call after he leaves will be to your lawyer and his first call will be to the Inspector General of the Treasury Department.

    Successive calls will then also be made to BATF's Office of Internal Affairs, the agent's SAC (Special Agent in Charge), the United States Attorney, the FBI and the sheriff -- the latter three to report the theft of your property by a federal agent. Then do it. In short, if an agent is stupid enough to violate your Fourth Amendment right to be secure in your papers and effects in front of God and everybody, then he needs to have his whole day ruined.

    A tracing inquiry is usually directed at a third party recipient of a firearm which has passed through your hands at some point and generally is not targeted at you. However, if you sense that the inquiry is, in fact, targeted at you, you should immediately terminate the inquiry, ask the agents to leave the premises (after which they are legally trespassers), request them to put their inquiry in writing, and seek legal counsel. Remember RULE ONE.

    Failure to cooperate in a tracing request can put your license at risk, but loss of a license (or the expense of defending it) compares very favorably with a prison sentence (or the cost of defending a criminal indictment). And your license is not realistically at risk if BATF is trying to further a criminal investigation of you through a pretext tracing inquiry. The majority of all inmates talk their way into prison; you have no legal obligation to help put yourself there. This type of confrontation is an IQ test. Don't flunk it; remember RULE ONE.

    Clients occasionally inquire about tape-recording their telephone or in-person conversations with BATF employees (and others). This is legal under federal law so long as one party to the conversation (you) knows of the interception. However, state laws vary on the issue and you should be certain that such consensual recording is legal under the law of the state where the recording is taking place. You should never record a conversation (telephone or otherwise) where no one present knows of the interception.

    This is a felony violation of the federal wiretapping statute, and you are creating the very evidence needed to prove it. You can, of course, legally tape-record any transaction in any jurisdiction when all parties are aware of the taping. Any such tape should itself reflect that all present are aware of the taping. You should never knowingly consent to your own interview or conversation being tape recorded without making a tape of your own. More important, the taping of your interview is a strong signal to invoke RULE ONE and immediately seek legal counsel.

    The Third-Party Inquiry. A third-party inquiry is broader than a simple tracing inquiry, but otherwise involves the same principles and recommended reactions. It could be a telephone call, but will ordinarily be a personal visit by one or more special agents who are after more detailed information than just the acquisition and disposition of one or more firearms which have passed into or through your inventory. All other factors remain the same and your responses should be the same as for the in-person tracing inquiry.

    Needless to say, if the inquiry is not about a third-party transaction but rather is directed solely at you, invoke RULE ONE and seek legal counsel immediately.
    Remember, refusing to talk to federal criminal investigators and seeking legal counsel are not admissions of guilt or signs of a guilty conscience. They are manifestations that you are an American citizen aware of your legal rights and an individual who will not be bullied, coerced or frightened into giving up those rights. The agents already believe you are guilty; their job is to prove it. Your job is to avoid helping them prove it.

    The Undercover Solicitation. This may be a contact by BATF which, if you are fortunate, you never learn was made. It is a sad fact that a high percentage of non-violent federal gun crimes committed in the United States (perhaps even a majority) are manufactured by BATF -- crimes that would never have occurred but for the fact of an offer from or solicitation by a BATF informant or undercover agent to an unwitting citizen. Technically, most of these BATF-sponsored offenses do not rise to legal entrapment. But they would never have happened if BATF had not planted the idea and created the opportunity. This is done for the simplest and ugliest of all bureaucratic reasons: agent and agency self-preservation and budget and case statistics.

    Sometimes you will know you are being shopped -- perhaps by recognizing the agent or perhaps by the sheer stupidity of the approach. You are probably also being recorded, possibly even videotaped. Your response should be precisely the same whether it ultimately turns out that you were speaking to a government microphone or to the village idiot. You should firmly, but not politely, advise the proponent that what he/she is proposing is illegal and that he/she is no longer welcome on your premises or at your table. Then remember RULE ONE. Do not engage in a discussion of the law or alternative solutions to the "customer's" proposal; terminate the conversation. Politeness is not called for when someone is either intentionally or ignorantly soliciting you to commit a federal felony. And your politeness on a federal tape recording in a subsequent criminal prosecution can often be construed as acquiescence in or lack of strong feeling about committing a crime.

    Some of my bolder clients, who are truly tired of being harassed this way, are fully prepared to make a citizen's arrest in such circumstances and then call the local sheriff to come collect the offender (attempts and solicitations to commit an offense are also crimes under federal and state law). If this appeals to you, make sure first that the law of your state permits a citizen's arrest. Know the amount of legal force you can use to effect such an arrest. Then cuff the son of a bitch and give him a taste of what he's probably trying to do to you.

    A criminal solicitation by someone you've known for years, and who you know cannot be an agent, is especially dangerous. It probably means that your acquaintance has gotten his own tail in a crack and is now making cases for BATF in an attempt to lighten his own load. Finally, bear in mind that an undercover approach may be made by a female agent or by a mixed couple.

    The Compliance Inspection. Compliance inspections are conducted by inspectors of the regulatory enforcement branch of BATF. These individuals have no criminal law enforcement authority -- or training (although they have recently been issued badges, perhaps in an effort to bolster morale or create an appearance of authority for low-paid personnel). Theoretically, inspectors are charged with the civil and regulatory aspects of firearms law. They do not have the power of arrest or the authority to serve subpoenas or warrants. Nor may they make seizures of any kind. I say "theoretically" because in some recent instances inspectors have been observed accompanying special agents on raids and even illegally carrying firearms. In short, there are some cop wannabes among the inspector force whose intrinsic suspicion of firearms dealers as criminals must be guarded against.

    The legally-authorized purpose of compliance inspections (and pre-licensing inspections) is to ensure that the firearms statutes are generally being complied with by the firearms industry. The true job of inspectors is to spot and correct discrepancies in compliance with federal firearms statutes, to establish the qualifications of license applicants, and to enforce and collect the excise tax on the manufacture and importation of firearms. If an inspector discovers evidence of a criminal violation he is supposed to make a referral to the criminal enforcement branch of BATF (the special agents).

    As a licensee you are required to display your license on your licensed premises, to maintain certain required books and records accurately, and to submit to a compliance inspection of your licensed premises, your inventory and your required records as often as once annually.

    The only firearms records which you are required by law to maintain, and to submit for inspection, are an acquisition and disposition book (your bound book), original BATF Forms 4473, Firearms Transaction Record for each firearm sold, original BATF Forms 5300.35 Statement of Intent to Obtain a Handgun(s) (the Brady Act form), and your retained copies (copy 4) of BATF Forms 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers for each multiple sale of handguns. Special occupational taxpayers may also be required to produce their Forms 2, 3, 5, 6 and 10 for firearms on hand. There may be additional state law records required of a dealer, but BATF has no jurisdiction over these records and arguably no jurisdiction to inspect them.

    When a BATF inspector shows up for a compliance inspection, require credentials to be displayed by everyone present and note the full name of the inspector(s) in writing. Never permit a special agent or a state or local or non-BATF federal official to participate in a compliance inspection. These individuals have no authority under the inspection laws, and are there for some different (and more ominous) reason. A state official might have independent state-law authority to conduct an inspection or investigation, but he has no right to do it in tandem with a BATF compliance inspection. You should require other inspectors or investigators to get in line so that you can deal with them at a separate time. If they refuse to leave, call the sheriff and swear out a trespassing complaint. If a BATF special agent, a firearms specialist from BATF's Technology Branch in Washington (part of the criminal enforcement branch), or other criminal law enforcement type is present, this is not an ordinary compliance inspection and you should immediately terminate it, direct the individuals to leave and contact legal counsel.

    BATF inspectors can inspect at any time during your listed business hours, without prior notice or appointment. If they do not give you advance notice then restrict their inspection activities to your listed hours. If you are subjected to an unannounced inspection, be on guard. You may be under suspicion or you may be dealing with one of the cop wannabes. If the inspector has the courtesy to advise you ahead of time of an intended inspection you are free to, and should, accommodate the time, date and hours of inspection to the inspector's convenience. You should never consent to more than one compliance inspection in any twelve-month period. Require BATF to obtain an inspection warrant and immediately seek legal counsel.

    Under general principles of law a compliance inspection must be "reasonable" in terms of time, duration, scope, number of inspectors, lack of disruption to your business, etc. If the inspector is reasonable and professional, you should be too. The process does not have to be adversarial or antagonistic. If the inspector is not reasonable or professional, keep in mind that your license does not require you to talk to him, or to provide him access to your copy machine, rest room, etc. If you are dealing with an idiot, remember RULE ONE -- and let him bring his own copy machine. Also remember that he has no right to use your electricity.

    The inspector is legally entitled to inspect all your required records, your business premises, and your firearms inventory. He is legally entitled to inspect nothing else. You should not permit inspection of non-required records unless there is a satisfactory explanation of why it is desired (such as inspecting a purchase or sale invoice for the correct serial number where the bound book and the Form 4473 show different serial numbers for the same firearm).

    You should not permit inspection of non-business portions of the premises when your home is the licensed premises. (When your business is conducted from your home, you should carefully delineate that portion dedicated to the firearms business and confine the business strictly to that portion of the premises.)
    You should accommodate the inspector by making copies of any records desired (within reason). Never permit original records (or firearms or other property) to be removed from the premises without a summons, subpoena or court order, and without seeking legal counsel. The inspector has no power of seizure and may attempt to bluff his way into removing original records or may try to obtain your consent. Do not be bluffed and do not consent. Inspections should be conducted on your premises. (If you store firearms off premises, the inspector is also entitled to inspect such storage facilities.)

    A compliance inspection of a special occupational taxpayer will begin with the inspector attempting to reconcile his NFA Branch printout of Title II firearms shown as registered to you in BATF's records with the actual Title II firearms in your possession. He will be unable to do so because of the abysmal state of the national registry. Have mercy on him and help BATF untangle its records. Try to refrain from thinking about whose records and recordkeeping should really be under audit here. The inspector will also likely need your technical expertise in identifying anything more esoteric than a rifle, pistol or shotgun. Try to conceal your contempt for a "federal firearms inspector" who probably doesn't know a wipe from a baffle, or a lightning link from a drop-in sear, and who may think a Mauser broomhandle is something used by a German hausfrau.

    If you are a firearms manufacturer or importer, an inspector may plan to conduct an excise tax audit at the same time as a compliance inspection. The authority for these two types of inspections/audits derive from entirely different legal authorities and they involve entirely separate legal considerations. You should insist that either the audit or the inspection be conducted first and separately. The reasons are expanded on under the Excise Tax Audit section, below.
    Curio and relic (collector) licensees have the legal option of bringing their records and firearms to the nearest designated BATF office for a compliance inspection. Although I am unaware of any compliance inspection of a collector, this is an option to be considered seriously.

    The simple truth is that you never want a BATF employee in your home if it can be avoided.

    In summary, the firearms regulatory process does not assume you are a criminal, but rather seeks to ensure that dealers generally are complying with the requirements of the law. If bona fide, the process does not require invocation of your various rights to notice, counsel, warning, non-self-incrimination, etc., which all come into play when you are the target of a criminal investigation. Unfortunately, BATF sometimes attempts to avoid these constitutional "inconveniences" by illegally using the access of civil inspectors to further a criminal investigation without alerting the targeted dealer. You should never cooperate in such a subterfuge.

    The Excise Tax Audit. If you are simply a dealer in firearms or ammunition, you will have no occasion to undergo an excise tax audit. However, if you manufacture or import firearms or ammunition you are subject to audit by the regulatory enforcement branch of BATF.

    The manufacturers excise tax on firearms and ammunition is one of the most complex and least understood federal tax statutes. It is said that only three people in the world completely understand it. One is dead, one went mad trying to explain it, and modesty prevents me from naming the third. Suffice to say, however, that BATF, which acquired jurisdiction over the tax from IRS in 1991, is hopelessly inept in administering it.

    An excise tax audit is governed by the general principles of the Internal Revenue Code of 1986 and not the National Firearms Act of 1934 or the Gun Control Act of 1968.

    You are required to maintain the same records any other taxpayer/return filer is required to maintain: whatever records are necessary to support the figures on your return. There are no records specifically required by law to be maintained such as those required of dealers by the Gun Control Act. And, absent tax fraud or evasion, there are no criminal penalties for failing to maintain such records. Therefore, the only penalty for failing to keep excise tax records, or to produce them, is that BATF could choose to treat all your sales as taxable events.

    As a practical matter a logbook of operable Title I firearms manufactured by you plus any BATF Forms 2 (Title II firearms manufactured by you), and a file of BATF Forms 6A, operable firearms imported by you, accompanied by your bound book showing the same firearms sold by you and sales invoices showing the sale price, would be all the records required for a proper excise tax audit (in addition, perhaps to your retained copies of excise tax returns filed). You should decline to produce any other records for an excise tax audit unless you have an alternative pricing issue under the excise tax regulations or tax-exempt sales (to a government entity, the military, or for export).

    You should also be aware that the definition of firearm under the excise tax statute is different from other statutory definitions of "firearm." Excise taxable firearms are only those complete portable firearms which go bang.
    The tax does not apply to crew-served weapons, silencers, frames or receivers, conversion kits, parts, most destructive devices, etc., etc. The tax only becomes due on a sale or its commercial equivalent. A transfer of a complete Title II firearm which goes bang is not always a sale and does not always trigger the excise tax. Even when it is a sale, it is not taxable if the Title II transfer tax is being paid (a Form 4 transfer). There is also no excise tax due on the manufacture or importation and sale of blank ammunition. I cover these points because BATF inspectors are generally excise-tax illiterate and much excise tax is asserted and collected which is not legally due and owing. If you are a firearms manufacturer or exporter, you should have competent tax counsel.

    The Raid. This is an event which means you are in deep, serious. It is the execution of a judicially-issued search and seizure warrant (and occasionally also an arrest warrant) by BATF special agents, frequently accompanied by agents of other federal or local agencies, on premises owned, occupied or inhabited by you.
    When a raid team shows up at your premises and announces (usually by breaking down your door, sometimes by killing your dogs and throwing flash bang grenades at your women and children) that they have a federal search warrant, you must instantly do several things. You must first of all mentally assimilate the fact that they are law officers rather than a rampaging motorcycle gang (which they often resemble in both appearance and behavior). Having identified them as law rather than outlaw, you must freeze in place in a non-threatening posture and attempt to stabilize the situation until some of their law-enforcement adrenalin (the most dangerous drug on the street) has bled off. If only a search warrant is involved, you must then recover your wits sufficiently to do the following:
    (A) Try to note and record the identities of as many participants as possible, by name, agency, badge number, and physical description.
    (B) Ask for a copy of the warrant.
    (C) Disable -- not unplug, disable -- your telephones and fax machines.
    (D) Gather your family, children and pets and leave the premises.
    (E) Call your lawyer.
    You may be prevented from doing some or all of the above things by legally illiterate agents, but that will simply lay the foundation for your own day in court.
    A federal search warrant authorizes only the search of a specified premises and only the seizure of specifically described items. Corollary to the execution of a warrant, the law permits the agents to make a forcible entry if that becomes necessary after knocking and announcing their identity and purpose, to control the premises, and to take reasonable precautions for their own safety -- such as a pat down for weapons of those persons present and assigning an agent to watch over and accompany anyone moving about on the premises. The law authorizes the agents to prevent the destruction of evidence or contraband and it protects them against being assaulted or interfered with. It is a serious federal crime to assault a federal officer or to obstruct execution of the warrant. Don't turn a possible later indictment into a sure one. Never assist the raiding party in locating the items described in the warrant. They have the right to search, but not the right to find. Do not open locked compartments, safes or rooms for them or provide them with keys or combinations. Do not talk to the raiding officers other than to request identification and a copy of the warrant. Resist the compulsion to show what a good guy you are; these are not your friends and they are not there to help you.
    A search warrant does not authorize agents to arrest you or anyone else on the premises (although assaulting the agents or forcibly interfering with the execution of the warrant will justify a warrantless arrest) and it does not authorize them to handcuff you, restrict you to a particular place or prevent you from leaving.

    You have a perfect right to leave the premises and should do so immediately. If you are physically prevented from leaving, you have just been falsely arrested in violation of the Fourth Amendment and will have your recovery later in court as well as taking some of the other retaliatory measures promised above. You must get yourself and your family out of the house for several reasons:
    (A) to avoid the personal insult, humiliation, provocation and indignities which many agents seem to enjoy;
    (B) to avoid a potential life-threatening situation; and
    (C) to avoid creating evidence against yourself (RULE ONE). There is no useful purpose your remaining on the premises can serve; if the agents are going to plant evidence or destroy property, they will do it whether or not you are present.
    You will need as much information about identities, badge numbers and descriptions as you can manage in the minutes before you leave. These will be useful later when you assert or defend your rights. But they are not a reason to delay leaving the premises promptly. You are legally entitled to a copy of the warrant, but do not remain on the premises if you are refused.
    You should disable your telephones and fax machines before leaving in order to prevent the agents from illegally seizing evidence (calls and faxes) which might come in while they are on the premises. Such items did not exist when the warrant was signed and cannot possibly be covered by the warrant. Their seizure will probably therefore be illegal; but it is better to prevent such seizures from even happening. If you are physically prevented from disabling your own property, go somewhere else and place incoming calls to all your lines and keep the circuits open.

    Now, call your lawyer.

    The author is a retired U.S. Department of Justice lawyer and a retired colonel in the Marine Corps Reserve practicing firearms law in Greensboro, NC. He is a 1959 graduate of the University of Kentucky and a 1962 graduate of the UK College of Law, where he was Note Editor of the Kentucky Law Journal.

  2. #2
    State Researcher
    Join Date
    May 2007
    Just a "wannabe" in Mtn. Top, Pennsylvania, USA

    Post imported post

    Example of when BATF goes wild:

    Kurt, Angie and their son, Erik, did what they have been doing for over 15 years: they went to the "Big Reno Gun Show" at the Hilton Casino in Reno, Nevada on April 23rd 2004. The first day of the show, Kurt Wilson was arrested and had over $75,000 of valuable and collectable firearms taken by the BATF at that gun show, and his business "Survival Enterprises" was ransacked by agents of various law enforcement agencies and agents of the BATF in Coeur d'Alene, Idaho, where over $40,000 of firearms were taken.
    Kurt was released after refusing to participate with agent Tim Watkins of the BATF to name and entrap various venders at the Big Reno Gun Show, and told to "go home". He, and his family, did so.
    Upon returning home to Coeur d'Alene, Kurt was visited by the BATF agents (Jason Force and Susan Nelson) who had performed the search on his business premises. He was informed that he was KNOWN as a "major dealer in illegal machine guns and silencers in the North West", even though nothing to prove that was found during the search on April 23rd, and no witnesses to that charge have ever surfaced.
    Regardless of this fact, Kurt and Angie Wilson were both charged with three felony counts in Coeur d'Alene, Idaho.
    Kurt was also charged with nine felony counts in Reno, Nevada stemming from the action at the Reno Gun Show.

    The charges were dismissed in Coeur d'Alene, Idaho after it was found that the BATF agent Jason Force had "misled" the Grand Jury in getting the Search Warrant. April 11, 2005 - almost 1 year to the day since this all started, Angie and I were free of charges stemming from the BATF's illegal actions in Northern Idaho.
    Having carloads of gun wielding, thugs arrest us in front of our store, the newspapers happily willing to post a 1/2 page story about us getting arrested, rumors circulating (started by Federal agents in the area) that claimed we were arrested because we were "heavy drug dealers" and mysterious crashes of 6 different computer servers (all crashes were tracked back to .GOV domains) caused us 1 year of intense emotional trauma, the loss of a 20 year family business, the loss of credibility with thousands of our customers, physical problems that have cost us thousands to handle and a drop in income of nearly 50% has left us dazed, confused and totally disgusted with our current form of government.
    And that's just in Idaho - I haven't even covered Nevada.
    The Nevada charges would be easy to fight if I could afford a real attorney. Instead, I was appointed a Public Defender. Their job is NOT to "defend" you, but to cut the best deal (prior to trial) they can. It's called a "plea bargain"
    Here are the facts I was faced with and offered:
    1) My attorney told me that if I was convicted on even one of the 9 charges in Nevada, I'd do 5 years in jail. My attorney told me she has no idea how to defend against them.
    2) I was offered a plea "bargain". The Feds would drop all the charges but one (didn't matter which one) and I'd be convicted of a single felony. The Feds would ask for the lowest possible punishment, which would be no jail time. They would also give me till January 12th, 2006 to sell off my firearm collection (once a felon, you can't posses firearms)
    3) If I didn't take the plea bargain, the Feds would file felony charges against my wife and my son.
    Not wanting my son's name put on the Feds docket and for my family to go through another year of this crap, I accepted the plea bargain.
    The Assistant U.S. Attorney in Reno Nevada (Sue Fahami) was real nice during the hearing in May. She requested the "lowest possible punishment" for this felony, and gave me 'till April 20th, 2006 to get rid of my firearm collection. She also stated that, if I needed more time than that, she'd grant it.
    So, as of April 20th 2006, this perversion of Government the Founding Fathers would rebell against is branding me a NON CITIZEN with no Constitutional rights what so ever: a felon.
    Don't think for a moment that you aren't next on their list.
    Survival Enterprises has been in business for over 20 years. In the beginning (until about 5 years ago) our main thrust was the firearms aspect. We were known all over the world for our quality refinishing on collectable military rifles and handguns, and sales of these collectable firearms.
    As importation of many of these collectable firearms were stopped in the 1990's, we could see the "end of the road" for main firearm sales division. Sales dropped off and so did our refinishing work. We started to put our attention elsewhere.
    As I have done much in the way of research into "alternative health" products (at first, for my own benefit, then more intensively for retail sales), we decided to branch out into a small line of alternative health and personal care products.
    These health products now make up nearly 75% of our gross income, and the firearm sales were just dying off. We intended to make the April 23rd, 2004 Reno Gun Show our "swan song" and it would have been the last of the gun shows for us.
    And now, I guess it is.
    Unfortunately, all the firearms that were taken by the BATFE were going to be our retirement and further funding for our health business. Apparently, this is the manner in which our government "punishes" those who (they feel) make mistakes, or those of us that dare to speak out about the massive corruption in our government.
    From the beginning I had kept everyone informed and up to date as to our ordeal with the Federal Government. Here is a copy of my last email I sent out to our mailing list:

    On Monday April 10 2005, the Federal Prosecutor (Nancy Cook) in Coeur d'Alene Idaho, threw in the towel. She filed for "Dismissal Without Prejudice" on both cases against myself and my wife. After destroying a family owned, 20 year old, world renowned business, she finally decided that she had no chance of winning her criminal case against the Wilsons and Survival Enterprises.

    The Idaho debacle started when an ATF agent (Special Agent Jason Force) "misled" a Grand Jury to get a search warrant for the premises of Survival Enterprises, a 20 year old firearms business in Coeur d'Alene, Idaho. His goal was to "prove" that Kurt and Angie Wilson were criminal "masterminds", making and selling illegal machine guns and silencers. (At least that's what he said later.)
    A whole bunch of BBT's (Black Booted Thugs) broke in to our 5,000 sq foot store/shop the night of April 23rd, at 8pm. They were so concerned about their safety, that they did this knowing full well that the Wilson's were in Reno Nevada at the time, attending the Reno Gun Show (we were arrested there at the same time the ATF was breaking into our store in CDA).
    The ATF also wanted to make sure they were well fed during their "investigation" so they first stopped off at PIZZA PIPELINE in CDA for a pizza dinner and take-out drinks that they left all over Survival Enterprise's premises.
    These paragons of justice basically stole about 50 firearms from SE, along with about 25 pounds of paperwork. The guns they took were locked up in safes in my store. When I found out they were breaking into my store, I (being "detained" at the time by Special Agent Tim Watkins in Reno) gave them the combinations so they wouldn't just drill the safes open.
    The firearms were returned to me on Tuesday April 12. I had to go to the ATF office in Spokane, Washington to retrieve our property. And I must say one thing:
    My firearms had NOT been stored in a barrel full of water - they hadn't been dragged thru the parking lot, and there were few dings and bumps to detract from their sale-ability. I'm totally astounded! Granted, there are many miner dings, but nothing like I have seen in similar cases.
    It's been just a week or so shy of one year since this started.
    ATF Special Agent Jason Force, ATF Inspector Susan Nelson and Assistant Federal Prosecutor Nancy Cook are 100% responsible for destroying a 20 year old, family ran business. They've destroyed our retirement, they've destroyed my Son's inheritance (Survival Enterprises was to be handed to him upon his completion of Gunsmithing training), they destroyed my families character (they made sure the arrest was plastered all over the CDA Press) and we're now barely making ends meet. But we'll survive. At least I didn't "commit suicide" as has happened to many other people in my position....
    I've learned a few things in going through this "life changing" event:
    (So called) "Pro gun" organizations are worthless, except to con the public into giving them money. Not ONE of these groups: the NRA, Gun Owners of America, The Second Amendment Foundation, The Right To Keep And Bare Arms...I can name a dozen others... gave a crap that we were under attack by the Feds. At least the Jews for the Preservation of Firearms Ownership gave me a few videos to teach my lawyer about how the ATF works.
    NOT ONE RED CENT OR WORDS OF ENCOURAGEMENT WERE GIVEN MY FAMILY by any within these groups. I am a life member in ALL of them and, if it didn't cost 40 cents and 5 minutes of effort to mail them, I'd quit. But they aren't even worth that little effort.
    Most of the general population are cowards, even the ones who call themselves "Patriots". When we were first hit by the ATF, I sent out a general distress call to over 4,000 people on our email list. Here's the responses I got:
    1) 1,100 asked to be removed from our email list as they "didn't want to get involved" or "didn't want the Feds screwing with them".
    2) 57 said something like "if our gov is after you, then you MUST be guilty".
    3) Over 2,500 just ignored us and hoped we'd go away by blocking our email address so they wouldn't receive any further communications from us.
    4) About 300 sent words of encouragement and "contact the NRA - they'll help"
    5) About 40 actually came into our store to help us by buying stuff.
    6) 5 people actually donated money to our legal fund ($20 to $100)
    7) 1 person actually cared so much I cried. He spent $1200 and donated his car fund of $800. And he wasn't even 21 yet. (I've since repaid his donation.)
    To paraphrase Forest Gump, "American is as American does" and I haven't seen a hell of a lot of true Americans in the past year.
    The ATF forced myself and my wife to relinquish our Federal Firearms Licenses, so we're permanently out of the gun business. The firearms I had left have all been sold off as, when I'm branded a "felon" I won't be allowed to have any.
    Questions? Comments? Call me at (800) 753-1981 or email me at


    Kurt Wilson
    If you want to help my family, here's what you can do. Help us find an attorney who is willing to help and clear up the legal problems in Nevada and some "residual" actions here in Idaho. I will forward all legal proceedings to interested and qualified parties. Call us toll free at 1 800 753-1981 and DO IT NOW!

  3. #3
    Regular Member
    Join Date
    Jun 2007
    Catasauqua, Pennsylvania, USA

    Post imported post

    As much as I would love to own and operate a gun store, I will not so long as the BATFE is around.

    Oh, the comments I would make if it wasn't likely that every word I post on this forum is tracked by the BATFE...

  4. #4
    Regular Member
    Join Date
    Jun 2007
    Catasauqua, Pennsylvania, USA

    Post imported post

    Oh, and I found this update on Kurt Wilson's site (

    Now The Truth Comes Out..

    I was supposed to be sentenced in May 2006 for a "crime" I was supposed to have committed at the Reno Gun Show. This "crime" has never been properly explained or argued against (see Summary).
    As I won't fly (I detest the Fascists complete control of our airports and airlines and their Nazi-like attitudes and actions against us citizens) so my wife and I headed South in our car to drive the 1,000 miles to Reno for my sentencing. A couple hundred miles into the trip, my Reno attorney (I mean "Reno Plea Bargainest") telling me that I had been granted another 6 months freedom for the chance to work with a new office within the FBI.
    I have extensive knowledge of internet procedure and how to manipulate the internet so as to find certain types of REAL criminals (hackers, ID thieves, etc.). These people destroy thousands of lives, credit histories and steal from anyone they please (we had over $7,000 ripped off from my company a couple of years ago by identity thieves).
    Basically, I was attached to a Mid West office of the FBI (via telephone only) and told to "go get'em tiger!". The whole operation was funded by me with no outside help. I was NOT working for the FBI: I was an independent operative and had two goals:
    1) To locate a potential criminal and gather enough evidence against him that the FBI would then conduct an investigation against said criminal, and
    2) To pull a big enough "rabbit outta the hat" to justify the Feds into lowering my "crime" from a felony to either a misdemeanor or even drop the charges all together.
    To this end I have worked my butt off in any spare time I had, when I wasn't working my butt off trying to make a living. I have found at least a dozen very prolific hackers and as many websites that promote, condone and participate in hacking other websites, banks, government institutions (I even found one place where a couple of guys were bragging about hacking into the FBI's website - and they even showed proof!), stealing passwords for on-line banking institutions (Bank of America, Wells Fargo, PayPal, Ebay and hundreds of others) and, last but not least, hackers who have broken the passwords and cracked the codes for millions of dollars of programs, including the new Windows Vista, and I have forwarded all this data to my contact in the Midwest FBI office.
    Nothing. Nada. Zip.
    Even though I have found and reported what I felt was legitimate criminal activity, I have not heard about anything to lead me to believe that anything is even being done about it.
    And now I know why.
    To tell the next part of the story, you'll need some background on me which I've heretofore left out.

    My Recent (15 years) History
    I started my firearms career (never mind all the schooling, I just want to start from about when I started making money as a gunsmith) as a "corporate gunsmith". Importers would bring in thousands of collectable handguns (my speciality) and give them to me. I would inspect, clean and repair thousands of semiauto pistols and revolvers a month (yes, I'm that good) so they can be sold with little or no possibility of malfunction. I did this for about 1 year in the Glendale area of Southern California.
    At this point I discovered that my Brother (who lived in Modesto California) was having severe health problems. We moved, kit ‘n caboodle, to Modesto. I talked my Brother into joining me in business, wherein we repaired and refinished thousands of firearms, and sold them at gunshows (yes, we were fully licenced). After a year, we had to move into a larger building at 8th and K streets in downtown Modesto.
    During the 10 years I was in business in Modesto, I became very well known in the political circles. I made an enemy of Congressman Gary Condit, when I asked him "why did you lie to me?" on a live radio program.
    He had made a special trip, a few months before the famous Brady Bill was voted on (with HIM as the deciding vote that past that disgusting law), to visit me in my office, as I was the local NRA recruiter at the time, where he stated "I love guns and would never vote for gun control". He went ape on the air, claiming he had "never even heard of me" even though I had pictures of him with me IN my office.
    My Brother went on to run against that bastard in a future election and almost won.
    By creating my own style of radio commercials, I took a nothing radio station in Modesto to #1 in it's spot. I participated in hundreds of radio talk shows: I debated the Assistant Director of Handgun Control Inc on the radio, and wiped him out.
    I recorded hundreds of ads and political spots during that time.
    I started the "Friends of the NRA" as I saw a need for local representation for the NRA.
    I founded the Stanislaus County Militia (2,600 members), which was under the control of the Stanislaus County Sheriff and the Mayor of Modesto.
    I've also been writing on the internet under the name of "The Gunrunner" for almost 10 years. (You can see what I mean by going to archives of that old site here) I had to shut that site down as it keep mysteriously crashing.
    I became a "possible domestic terrorist". That means, any American who exhibits the same beliefs as our Founding Fathers did: thirst for freedom, equality, justice, peace and the willingness to stand up to corruption and government abuse and to dare speak their mind. This made me a threat to the Fascist, Corporate-controlled Federal Government. I became "watched".
    I had the IRS, California Franchise Tax Board, The California Dept. of Justice, the California Attorney General, and numerous other government agencies investigate me and my business, Survival Enterprises. They were all "sure" that I had to be doing something illegal, and if they could just find out what that was, they could shut me up.
    They all failed. There was simply nothing they could, or would, find.
    All true Americans have become "Enemies of the State", or (as King George the Bush II calls it "Homeland"). You should see the Government's Watch List: I have and it scares me when I saw that the Boy Scouts are on that list!
    Now we're up to 1998. Calif. Atty General Dan Lundgren has just announced that he will be running for the California Governorship. We, in the Conservative party, know him as a self-serving, back stabbing politician, so I launch a private investigation into his background to see what right he has, if any, to serve as my Governor.
    Within a week of doing so I am informed by a leading law enforcement officer (for his safety he must remain anonymous) that the Atty. General is trumping up felony charges against me to shut me up during the election.
    To remove any temptation for seizure, I sell my business (legitimately) to my Brother and my family and I move to Reno, Nevada. I immediately file a lawsuit against Dan Lundgren, claiming "Abuse of Power" and violation of my Civil Rights. I hire a weasel of a lawyer in Modesto who basically jerks me around with lies almost till the election. I fire him, take the case on myself, and WIN within a few weeks. I then post the Court's findings as to the Corruption of Dan Lundgren on the internet.
    Lundgren "magically" loses his bid for Governorship of California. Coincidentally, within the next few months, I have three attempts against my life in Reno. Two bombs and one hit man with a pistol (who I tazered, stripped naked and handcuffed to a telephone pole in the alley, then called the cops anonymously). I thought it high time to leave, so we moved to Coeur d'Alene, Idaho.
    There we reopened Survival Enterprises, selling/repairing firearms and doing our Health business ( Now we're up to the year 2000.
    I had a very good friend, Mel Bishop (world famous M1 Garand collector). He had just bought the old AMT Firearms Company from Covina, California. He had moved it to South Dakota. He was interested in selling off the handgun division of AMT and wondered if I was interested. I told him I had to think about it.
    I had met this guy, Jay Emde, the owner of Dalphon Firearms in Shelton, Washington. He had been manufacturing AR15 rifles since 1999 and had a decent rep with my Brother. I contacted Jay about a joint venture wherein we made and sold the line of AMT firearms under my wife's Manufacturing license (Angie's Arsenal). He agreed, so in March of 2001, my wife and I drove to Sturgis, South Dakota and bought well over 6 tons of AMT parts and hauled them back home to CDA.
    Within a few months of setting up the parts in my back warehouse, I realized that Jay was losing interest in the project. He wouldn't return my calls, and I was to busy to screw around so I let it drop. The next thing I know I'm hearing stories about how Jay has not only been screwing customers, but also some little bimbo from his bank.
    He was not even hiding his affair from his beautiful wife. His infidelity and criminal business practices lead to the destruction of Dalphon Firearms. Luckily, I hadn't really lost any money, just that now I had no one to help me with the AMT business, so I started just selling off the parts, with most of the inventory going to
    During this time, I heard through a friend that Jay had been arrested and a search had turned up over 300 illegal, unlicensed silencers and machine guns in his house and business. I was also warned that the (and I quote) "little piece of **** was narking on anybody who had ever done business with him!". I didn't think I had anything to worry about as I had done nothing illegal. How wrong I was.
    Apparently, Jay had informed the Feds that "Kurt Wilson was a major buyer for his silencers/machine guns" and, not really caring whether or not that was true, decided to launch a more thorough investigation on me (the ATF had tried twice to set me up and dropped the tries both times as they discovered I wasn't going to do anything illegal).
    Putting together the facts that I was already on Uncle Sam's Watch List and the false report from that POS Jay Emde, the ATF, FBI, Fatherland Security, CDA PD, Kootenai County Sheriff, Spokane Special Anti Terrorist Task Force decided that the ends justified the means, so they had the ATF agent (see my Summary page) Jason Force "mislead" the Grand Jury into getting a search warrant to my place of business in CDA wherein, THEY WERE SURE, they'd find hundreds of illegal silencers and machine guns.
    At the same time in Reno, the ATF was setting me up to (THEY WERE SURE) buy the 50 or so illegal silencers/machine guns two guys I had known for over 3 years as legitimate gun dealers in Reno (they had told us they even had a store in Reno and had given us cards and, I thought, their FFL license) were showing me in their warehouse.
    Earlier, when they had approached me in the gun show, they had told me they had lots of "stuff" that I could resell in Idaho. They named off a bunch of guns and silencers and I (thinking everything was legal) told them to just bring the stuff in tomorrow and I'll look then. I also said the only thing I was really interested in was a 1944 Grease Gun for my collection. They claimed "too much trouble to bring all that in and I should just meet them tonight" and "I think we have one of those too" (meaning the Grease Gun). I agreed to meet them after dinner that night, Friday, April 23.
    I followed them to their warehouse later that night, wherein I was shown lots of silencers and machine guns. I told them I wasn't interested in any of that stuff but I wanted the Grease Gun (which they had shown me - it looked unfired and a perfect addition to any museum quality collection). I told them I would need to properly paper it and for them to bring it in to me, in the gun show, tomorrow. They said no, just take it with you. The one agent took it apart, put it in a ammo can and put it in my truck. I got in the truck to leave and was surrounded by Reno SWAT and lots of yelling and guns in my face. Obviously, I offered no resistance.
    The ATF agent (see my Summary page) was rather upset that I hadn't taken all the stuff, just the one gun, but he felt that was enough to cower me into doing his bidding. He wanted me to "name names" of various people who were known as "anti-government criminals" and if I supplied any of them with firearms. He rattled off a list of names and I told him the truth: my memory sucks so show me pictures and I might help. That pretty much pissed him off and he went on and on about "knowing that I'm a big dealer in illegal stuff".
    During this BS session, he received a call from ATF agent Force in CDA telling him that they were about to open my safes inside my store they had just broken into. I shocked him by offering the combinations so they wouldn't burn a hole in them.
    After realizing their ploy and attempt to frame me failed, they ordered me home to CDA, so we left.
    This brings us up to 2003.
    Based on the false reports by the scum Jay Emde, I was targeted and attacked by too many law enforcement agents to list. I've had various meetings with other law enforcement agents since then (U.S. Probation Dept, FBI, CDA PD plus others) and, TO THIS DAY, they all still think that I am, or have been, somehow connected with various criminal elements in the North West, and that I have sold "them" (whoever the hell THEM is) illegal items, and that I'm just continuing to lie to everyone about my associations with said criminals.
    It seems that, once you've been "marked" by the Feds, even the truth won't change it.
    Now to the bottom line
    The Feds couldn't care less that I actually didn't do what they thought I did, or that I have no clue who this "them" is that they want info on. They have spent hundreds of thousands of dollars trying to convict me legitimately and couldn't. They MUST justify their waste of Taxpayers money - they need a conviction so they won't look so inept and incompetent. So they had me threatened and told that my wife and son WILL be in danger unless I agree to a felony charge.
    When I first met with the Assistant U.S. Attorney Nancy Cook in CDA, she told me "we really don't need to go through all this. Just agree to a small felony and it can all be over" and the idiot I had as a lawyer up here then, agreed with her. Apparently, she and the Reno U.S. Attorney were working in cahoots with each other, even though they were adamant that these were two separate actions. So they lied to me - what's new?
    So, to make the ledger book come out in favor of some government bureaucrat, I've had over $75,000 of collectable firearms stolen from me in Reno (and I was given no chance to get them back);
    I've had my 20 year old family business totally destroyed, including my Son's future career;
    I've had my family name slandered and besmirched;
    I've lost over 50% of my income;
    My wife, my Son and myself live in dread and fear and have forgotten what a "happy day" means, and all I have to look forward to is being forever under the watchful eye of the Feds by being labeled a "felon".
    I don't know if that POS Jay Emde still lives at 1120 W. Railroad Ave or 1350 E. Shelton Springs Road in Shelton, Washington, but he was sent to prison and is now out. His wife, for some moronic reason of her own, has taken him back and they run a junk yard there.
    I guess his lies allowed the Federal Government to destroy enough innocent lives to shorten his sentence to just a few years.
    So here I sit. Waiting to be sentenced sometime in March (or so) of 2007, just because of lies certain people in power were foolish enough to believe.
    But this couldn't ever happen in America!

  5. #5
    Regular Member
    Join Date
    Nov 2006
    Mag-bayonettes!, Virginia, USA

    Post imported post

    MyEy e[/color]s[color=navy]!!!

  6. #6
    Regular Member
    Join Date
    Jul 2007
    Peoria, Arizona, USA

    Post imported post

    I saw a really cool shirt once. It said that the ATF (Alchol, Tobacco, & Firearms) should be a convenience store, not a government agency.

  7. #7
    Regular Member
    Join Date
    Jun 2007
    Catasauqua, Pennsylvania, USA

    Post imported post

    swift wrote:
    I saw a really cool shirt once. It said that the ATF (Alchol, Tobacco, & Firearms) should be a convenience store, not a government agency.
    How about a store called Alcohol, Tobacco, Firearms, & Explosives. :celebrate

  8. #8
    Regular Member GreatWhiteLlama's Avatar
    Join Date
    May 2007
    Bothell, Washington, USA

    Post imported post

    Do the moderators have the ability to change font?
    "...our media are palace eunuchs gazing avidly at the harem of power and stroking their impotent pens in time to the rape of our liberties."
    -Sarah Hoyt

    "America is at that awkward stage; it's too late to work within the system, but too early to shoot the bastards."
    -Claire Wolfe

  9. #9
    Moderator / Administrator
    Join Date
    May 2006
    Fairfax County, Virginia, USA

    Post imported post

    T-RaV wrote:
    Do the moderators have the ability to change font?
    Yes, so do the posters.

  10. #10
    Regular Member
    Join Date
    Jun 2007
    Catasauqua, Pennsylvania, USA

    Post imported post

    Mike wrote:
    T-RaV wrote:
    Do the moderators have the ability to change font?
    Yes, so do the posters.
    Sorry about that, won't happen again...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts