A Gross Miscarriage of Justice

• May 9, 2008

Are we living in a police state?
Watch this CNN video. I’ll try to summarize. An upstanding citizen, army veteran and reservist lent his AR-15 rifle to a neighbor. The neighbor took it to a shooting range. While he was firing it the gun malfunctioned and double fired.
The ATF hearing about this decided to do a complete SWAT raid into his house, breaking down his door and all that. They confiscated his computer and gun collection. No other questionable material was found.
The ATF sent the gun to their laboratory. The first test comes back that it was NOT a machine gun. The ATF didn’t like that answer so they tried again. This time they got it to malfunction again and voila, called it an illegal machine gun.
The US Attorney, I suppose appointed by GW Bush, actually prosecuted the case and he was found guilty. Now he’s soon to be sentenced and could get years in federal prison.
If this isn’t a miscarriage of justice than what is. Where’s the intent to break the law? How is society better off when the government persecutes a guy who was trying to obey the law? If an innocent man like him can be treated this way is anyone safe?
This is a shameful action by our government.

Tags: Guns

http://magyartruth.blogspot.com/ Chief RZ

Watashiwa.

No we are not living in a police state. However, we are at the mercy of politically motivated heads of departments, like the ATF, who will do anything to get attention.

Yes. It would take 20-30 years of retirements before ATF and a few other government agencies could be fixed. There are people like these who went after a person in Waco for having a gun 1/2″ too short. Killed innocent women and children. All they had to do was ask. That would have been too easy, janet.

This must stop. Electing conservatives is the only answer, but I am afraid that we are about to begin 400 years of oppression.
http://rotstar.blogspot.com/ LifeTrek

I’m not too sure it was politically motivated but I would bet money it was ideologically motivated.

Two things I just can not understand the irrational hatred of Fox News or guns. No matter how many studies show Fox is the most balanced or that guns prevent crime there is a knee jerk reaction toward both. The best I can come up with is that both empower the individual and that is bad to the committed liberal.
DKK
docdave

I think this government has gone out of control.

An understatement as it’s been that way for a long time and the people with their do-gooder resolutions are mostly to blame. A worthy example was the ‘well-meaning’ attempt to criminalize liquor which spawning many new areas of government enforcement control like ATF.

The history of ATF can be subsequently traced to the time of the revenuers or “revenoors”[5] and the Bureau of Prohibition, which was formed as a unit of the Bureau of Internal Revenue in 1920, was made an independent agency within the Treasury Department in 1927, was transferred to the Justice Department in 1930, and became, briefly, a subordinate division of the FBI in 1933.

The current drug prohibition has done the same with the creation of the DEA. Every new do-gooder program has increased govenment control over us and we are too blind to see and react to it.
Nick Moszer

I’ve been following this story for a while, there is a thread running on ar-15.com with all the details.

The two biggest problems here are:
1. The ATF took possession of his AR and would not give it back. They claim it has been modified in an illegal way but won’t let the defense have access to it to have an independent firearms expert verify their claims. The jury HAD to believe what the ATF said and there was no way to check if they were lying.

2. The ATF ended up charging him with “Illegal Transfer of a machine gun” but never charged him with actually converting it. They use fuzzy definitions of a machine gun, determined by them, to suit their particular agenda for a case. They argued that it was in fact a machine gun since several parts contained in the gun from the factory were also usable in an M-16. This is complete rubbish. Several months prior the ATF delisted a M16 from the registry because a part had worn down and it was no longer capable of fully automatic fire. This cost the owner about $20K. So which way is it ATF?

When you dig into this, their whole purpose for this case is clear. The guy was a gun enthusiast who got other people into guns. The thing the ATF didn’t like was that it was AR’s.

The problem with the damn gun laws is that you have to be big into guns to even get a grasph on them and how rediculous most are. In this case, the jury was cleaned by the prosecution of anyone who knew anything about guns so the verdict doesn’t surprise me.

ok.. end of rant
http://www.bikebubba.blogspot.com/ Bike Bubba

Nick’s got a great point; the ATF will prosecute you for owning a full auto weapon without a permit, but they don’t have an actual definition. By my logic, this invalidates the 1938 law against ownership of full auto weapons–it is unconstitutionally vague.

Moreover, his second point touches upon the right of the defendant to confront the evidence against him. Sorry, but if an independent expert can’t see the gun, ALL of the evidence regarding the weapon should be thrown out.

And the judge that allowed this? Well, de-bench and dis-bar. These are BASIC Constitutional realities that no 1st year law student, let alone a judge, ought to miss.
dirl126

Sorry, but if an independent expert can’t see the gun, ALL of the evidence regarding the weapon should be thrown out.

I totally agree. Isn’t that grounds for appeal?

As Docdave said, did the man have a jury trial? I can’t imagine that it would have passed if he did.
http://ndgoon.blogspot.com/ goon

Dave the Liberal said: I had to pinch myself. I thought I was reading a story about Nazi Gestapo Germany in the 1930′s. I think this government has gone out of control.

Now your comparing the USA to Nazi Germany.
http://ndgoon.blogspot.com/ goon

That is the reason I give the NRA my 35.00 every year.
Wait see what happens if Clinton or Barry get elected.
Robert

I had to pinch myself. I thought I was reading a story about Nazi Gestapo Germany in the 1930′s. I think this government has gone out of control.
ollie-B

No we are not living in a police state. However, we are at the mercy of politically motivated heads of departments, like the ATF, who will do anything to get attention.
2Hotel9

We would, if Sean Bell had not attempted to flee from the police in a high crime area.

These are certainly some busy little cossacks. Wonder why all this energy and effort are not being directed towards driving illegal aliens out of America?
docdave

Are we living in a police state?

I’m not sure what else you can call it when a government can get someone convicted on false charges. Did the man have a jury trial?
http://www.graemesblog.com/ Graeme

Ask Sean Bell.

SayAnythingBlog.com

A Gross Miscarriage of Justice

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