BREAKING NEWS: Red's Trading Post Granted Injunction to Continue Operations

FOR IMMEDIATE RELEASE:

CONTACT:
Ryan Horsley
Red's Trading Post
Phone: 208.733.3546
Fax: 208.734.2793
Email: rhorsleyATredstradingpostDOTcom
Website: http://www.redstradingpost.com/home.php

Red's Trading Post Granted Injunction to Continue Operations

TWIN FALLS, ID, MAY 1, 2007- US District Judge Edward Lodge has granted Red’s Trading Post an injunction to continue their full operation. The ATF had maintained that Red’s was a threat to public safety because of the minor violations which included paperwork errors that amounted to less that one percent. Red’s Trading Post had a 99.6% success rate in their 2005 audit, yet the ATF maintained that Red’s had “willfully” violated their policies. The word “willful” was added in 1986 by Reagan and Congress to protect dealers, it is the responsibility of the ATF to prove that Dealers “willfully” committed violations. The ATF made the decision to partially revoke Red’s license in early March, only allowing them to sell their remaining firearms. ATF DIO Richard Van Loan made the decision to no longer allow Red’s the ability to acquire firearms. Van Loan stated that this position was to protect the Public Safety. Van Loan had also made the decision to deny Red’s request to continue supplying firearms to Law Enforcement as well.

Judge Lodge noted in making his decision that “the ATF speaks of violations found during the inspections of 2000 and 2005, but fails to reveal that additional investigations in 2001 and 2007 revealed no violations or problems.” He also notes Red’s statement that ATF is exaggerating Red’s conduct by “double counting” certain violations. Also noted was the balance of the ATF’s hardship compared to Red’s hardship. The judge found “that granting the preliminary injunction would not place the public safety in jeopardy” and “that that the relative hardships tip sharply in favor of Red’s.”

Manager Ryan Horsley states “We are very pleased with the Judge’s decision to allow us to continue to our full operation during the court proceedings. For over 70 years my family has operated Red’s with honor and integrity and we will continue to do so.” There has yet to be a court date set. Red’s Trading Post was established in 1936 by Horsley’s great grandfather and is Idaho’s Oldest Gun Shop.

ABOUT RED'S TRADING POST:

Red's Trading Post has been in Historic Old Towne Twin Falls and in my family since 1936. Our building is listed on the historic register for historic buildings.

My great-grandfather Lowell "Red" Kinney started this pawn shop/gunstore selling all kinds of items but mainly firearms. My grandfather Wayne "Red" Kinney took over in the 50's becoming well known not only by Red's but also as a local celebrity. He was the hometown hero, a wrestler who always wrestled at the Saturday night wrestling match where the traveling wrestlers would take on the locals.

Red's Trading Post was, and still is, known for giving the best deal on firearms and for great customer service that started with my great-grandfather over 60 years ago. We continue be "A Twin Falls Original" and a landmark in the Magic Valley. I welcome you to come visit us, I would be pleased to give you a price quote on any items that you may find on "Gallery of Guns", we offer the best prices in town on firearms.

--END--

[More about Red's Trading Post from WarOnGuns]

Red's Under Fire: WarOnGuns Interviews Ryan Horsley

NOTE: INTERVIEW CONDUCTED ON APRIL 9. THREAD NOW CLOSED FROM FURTHER QUESTIONS. YOU CAN ASK 'EM, BUT RYAN WON'T BE AROUND TO ANSWER.

WarOnGuns has been reporting on the ongoing BATFE actions against Red's Trading Post in Twin Falls, ID, since we became aware of this story. I contacted Red's Marketing Director Ryan Horsley and he agreed to answer some questions about his plight, and also provided me with this brief bio to introduce himself to us:

Ryan Horsley is the fourth generation at Red's Trading Post "Idaho's Oldest Gun Shop" which was started in 1936 by his Great Grandfather. Horsley serves as Chairman of the Twin Falls Planning and Zoning Commission, President of the Twin Falls Downtown Business District, Board of Directors for the Twin Falls Chamber of Commerce, Public Relations Chairman for Employer Support for the Guard and Reserve and was appointed to the Selective Service Board by then Idaho Governor and Current Secretary of the Interior Dirk Kempthorne. He has brought Red's Trading Post from a local pawn shop to a thriving online specialty firearms store that has increased nearly 600% since Horsley's arrival. Ryan and his wife Miah have 3 small children.

-------------------------

DC: Tell me about Red's.

RH: Red's Trading Post was started by my Great Grandfather Lowell "Red" Kinney in 1936. We became at the time one of the biggest gun shops in Idaho for awhile. We are located in the heart of Twin Falls in a 95 year old building. In recent years the majority of our business is online. We specialize in consignments and specialty firearms.

DC: So what happened? And have you had you had these problems before?

RH: We were audited in 2000 and there were some minor errors found, that was when I just took over the role of manager. We were then audited again in 2001 and found in full compliance. In 2005 we were audited again and the agent found minor paperwork errors and other minor items. Yet we were told by the ATF Agent conducting the investigation that we were one of the "best small gun shops he had inspected". I was not worried because these were small items that could be rectified, most of the items that had been brought to our attention were items that other Agents never mentioned to us. He explained that each Agent looks for something different. The inspector went through about 10,000 forms, we have a success rate of 99.6%. Yet the ATF has to prove that these violations are WILLFUL, willful is a word that Reagan and Congress put in the wording to protect dealers but the ATF is now saying that if you were written up on violations in the past and then again...it is willful. I was stunned to say the least when we found that they were going to revoke our license.

DC: Aside from some paperwork glitches, what damage has been done?

RH: There were no missing guns, all of our sales were to legal buyers, there was nothing shady. The most severe violation that the ATF is touting is one in which a local retired Doctor came in to pick up a special order shotgun. My clerk called him in and had him fill out the paperwork. When my clerk turned around he grabbed the paperwork probably assuming that it was his. When it was discovered the ATF agent contacted his widow and verified that it was completed and that it was called in. Yet they have labeled this WILLFUL as well.

DC: What's the current status of your case? Does your lawyer think talking publicly about it could be used against you?

RH: We are currently in the process of seeking and injunction to allow us to acquire firearms. The ATF pulled a different tactic on us and said that through the Federal Court process we could no longer acquire any new firearms, we could only sell off our remaining inventory. I have kept quiet on several things which drives me nuts because I have always been open and upfront on everything. So that is why I try and focus on what is happening to our industry as a whole rather than our own personal case but that tends to turn into the focus sometime. People wonder who this can happen to an honest established dealer located in Idaho which is the most Republican state in the Union where our Senior Senator also sits on the Board of Directors for the NRA. Yet it proves if it can happen to us then it could happen to anyone.

DC: There are those in the gun community commenting on forums who aren't all that sympathetic to your plight-they basically say you had a job to do keeping complete records and your failure to do that brought your troubles on yourself. How do you respond to that?

RH: It is really easy to cast stones, I used to do it. I would hear of some dealer who had their license revoked and would assume that it was something really bad. I saw this happening to the individuals who had FFL's but really did not feel compelled to speak up. Just like the poem:

First they came for the Jews and I did not speak out because I was not a Jew. Then they came for the Communists and I did not speak out because I was not a Communist. Then they came for the trade unionists and I did not speak out because I was not a trade unionist. Then they came for me and there was no one left to speak out for me. Pastor Martin Niemöller.

We need to stand up for each other, we cannot allow them to tear us apart. There are so many other dealers who are hiding their head because most times in the court of Public Opinion we are found guilty. We need to stand up for one another and come to each others aid and not just throw our fellow dealers to the wolves.

DC: You say the BATFE is shutting down gun dealers, and imply that is part of an agenda. What makes you think that?

RH: Shooting Sports Retailer Magazine just reported that from 2001 to 2006, revocations have gone up nearly 6 times. The VPC reported that "the Number of Gun Dealers in U.S. Drops Almost 80 Percent—From 245,628 to 54,902—Since 1994 till 2005". That is why Congress put together the ATF Reform Act of 2006 which received bipartisan support in the House, but was ultimately held up in the Senate by Dianne Feinstein. Gun Manufacturers, Distributors, the NRA and other organizations are aware of this. Dealers are either having to fight this in Federal Court or if they cannot afford it they just close shop. We are easy targets. The startling fact is that the ATF's funding is increasing, yet FFL dealers are rapidly declining.

DC: Tell us about your petition, and what you hope to accomplish with it. Are you satisfied with the response?

RH: The petition is twofold, it is to educate gun owners to what is happening and it is also to be sent out to Congress. I have had some organizations ask if they can use it as well. I feel the response is OK but could be much better, there are some excellent comments on it.

DC: We reported on the commercials you produced. Are they being shown anywhere besides the Internet? What difference do you expect them to make?

RH: They are on our web site www.redstradingpost.com and are available to anyone to download as well. Some supporters have posted them on YouTube. I think they are a great tool to get Gun Owners attention, I am hoping people will contact their Congressional Delegates and show support to reform the ATF. Gun Dealers are becoming an endangered species.

DC: Does anyone from BATFE seem inclined to give you a break, or does it look like they're intent on destroying Red's? And do you think going public like this will make them more or less inclined to show lenience?

RH: It is all coming from the top, they cannot let you win, they have an unlimited amount of resources and it is a costly fight. When it became clear that they were not going to let up that is when I had to make a decision to go public about this. Honestly what is the worst thing that they can do to me...revoke my license? I have been told by others who have won in court that to expect more attacks. So I have to press on because the only true victory is to reform the ATF or severely cut their budget.

DC: Who in the pro-gun community has stepped forward to help you, either through publicity, with legal aid, etc.?

RH: ATFABUSE.com has been great with being very vocal, hitting the gun forums. JPFO has been wonderful as well and has requested pictures of our store for their upcoming video "The Gang", the NRA posted an ILA report on their website. Several small grass roots organizations have been great but the larger organizations are silent. One which we are a member of has ignored us and will not answer our e-mails. I have had individuals and other dealers step forward to offer funds for our legal defense but I have declined. This issue is not about Red's Trading Post and I do not want people to think that I am doing this for my own personal gain or to receive money, sympathy or empathy. This campaign is for all dealers and for gun owners, to protect our industry.

DC: Have customers, suppliers, and those who know you in the business community come forth with testimonials? Would they be helpful? Are you soliciting them, or do you have plans to?

RH: I have not sought any testimonials but I have asked them to speak out. Where we are in Federal Court, our case is up to the Judge. So it would not do much good at this point. Speaking out for us is a moot point but you can speak out for other dealers and against these attacks.

DC: What is the best outcome you can hope for, and what do you think your chances are of achieving it?

RH: We are confident that we will win this case and recoup attorney fees. But the best outcome is for reform because they will be back if we win or will just set their sights on another dealer. Reform, Cutting their budget or join JPFO's campaign to "Boot the BATFE". We have to be responsible taxpayers as well. If we saw our local Police department spending the majority of their time issuing tickets for littering and jaywalking when there is real crime being committed then we would be outraged. Why are we not outraged when we see the ATF spending the majority of their time going after honest gun dealers for petty violations when there are real criminals out there?

DC: What would you ask of people reading this interview? What do you want them to do?

RH: Stand behind your dealers, Contact your Senators and Congressman, do not let this continue to happen. This is your chance to fight back. Politically we are moving in an uncertain future, we have the ability to turn the tide against what seems to be a barrage of attacks from the new assault weapons ban, Bloomberg straw purchase entrapments, ATF shutting down dealers and so many that are happening at statewide levels. Our guard is down right now and this industry is taking shots left and right. This takes individuals, this takes men and women we have reached a point where we cannot compromise. Get involved and stand up!

-------------------------

Now it's time for you to ask questions. Ryan has agreed to check in from time to time today and see what you have posted for him to answer in the "Comments" section, below.

Please follow these very simple ground rules:

Stay on topic.

Keep questions brief and to the point.

Ask a question, don't write an essay.

Politeness, please.

Your willing cooperation with these expectations of conduct will help provide an enjoyable and informative experience for all, and will be appreciated.

UPDATE: Ryan tells me he's been asked to appear on Cam Edwards' program some time today. Hopefully he can give us the details so we can all listen in.

INTERVIEW CONDUCTED ON APRIL 9. THREAD NOW CLOSED FROM FURTHER QUESTIONS. YOU CAN ASK 'EM, BUT RYAN WON'T BE AROUND TO ANSWER.

Red's Updates

Ryan has two new posts for us:

"Does ATF Director Deserve to be Confirmed?"
My answer, of course, is "No." The office and the agency should be abolished.

"In Search of the Second Amendment" to Premier in Idaho
if you haven't seen this yet, you are denying yourself one of the most authoritative resources that can be found. Ryan tells me "We are going to be THE spot to premiere Gun movies."

He also told me "I just got word from one of my friends sons in Georgia with the Military that one of his fellow soldiers was wearing a Red's Trading Post hat. He was shocked to see it."

By way of disclosure, since I write frequently about Red's and have been extremely vocal in my support, I want to get this "on the record." I ordered a Red's hat, sent in the ten bucks, and to my pleased surprise got back two hats and two Red's coffee mugs. Thank you, Ryan, for your generosity. I did introspect on whether accepting swag and doing advocacy were mutually exclusive, and even entertained the idea of making the extras available as some sort of prize for WoG readers.

My decision: the hell with it. I'm selfishly keeping and enjoying them. I could have just kept mum about this and no one would have ever known. If anybody thinks I can be compromised with a few items of company logo promotional merchandise , the hell with them too.

And I certainly have deluded myself into thinking I look handsome in the cap, although my 16-year-old asked me if I was cheating on my cowboy hat.

Red's New Blog and a Q&A

Ryan Horsley has created a new blog to provide updates on his case.

Head on over and check it out.

Then bookmark it.

Then ask every pro-gun blogger you frequent to add Red's to their blogroll.

I had the following email exchange with Ryan about his case, and he OK'd my posting his response. It really illustrates the petty hoops BATFU is forcing him to jump through--knowing that if he trips on one, they have another "willful violation" to take to the judge so that they can close down this family business and then find another host to attach their parasitic mandibles to:

DC: Ryan, a possible tack to mention to your attorney the next time you
speak:

Other industries subject to govt regulation have clear audit expectations and clear guidelines for the auditors to follow. In your case, this seems arbitrary and capricious--especially reporting you to the judge instead of just noting on their form they want something in alpha order and making sure you put things that way.

Are their audit standards and criteria in writing, along with clearly defined penalties for violations?

If not, a strong case could conceivably be made the rules are too vague to enforce and they are singling you out on things they give others a pass on--can they demonstrate they have required the same black and white criteria from everyone else? If not, this is subjective and you're not being afforded equality under the law.

Another question: are ALL of their audit procedures, forms and checklists available to you, so you can use them to ensure compliance?

-------------------------

RH: The problem is that when the Judge wrote the injunction, he had stated: "The Court finds that the continued oversight by the ATF via the above conditions will adequately address the need to protect the public safety. However, if these terms prove to be unworkable to the parties, the Court would be willing to entertain a joint stipulation addressing procedures for oversight during the pendency of judicial review. If the parties do not submit a joint stipulation, the terms the Court has outlined herein shall be binding. The Court urges Red’s to be vigilant and meticulous in complying with these terms, as failure to do so will result in a termination of the injunction. If this occurs, the revocation of Red’s license will become effective immediately and Red’s will no longer be able to engage in any firearms activity for which a valid license is required, including selling any remaining firearms in inventory during the pendency of the judicial review."

So that is why they were digging so hard, so to shut us down entirely. The problem is that until the Court Process...anything goes. Because DIO Van Loan uses his "When justice so requires" statement, which means he makes up the rules until the Judge rules otherwise.

There are no audit procedures, there are former ATF agents that will teach seminars (for profit of course) and tell you what they will look for GENERALLY! They will constantly send you to "the books" for all of the answers, when you question where they came up with it. At this point they are not trying to win the case they are trying to bankrupt us.

They wouldn't let you have a checklist, we have asked for this before or some guidance as to what they were looking for. In fact in the 2005 audit, the Agent used the same switch the ATF advised in a recent seminar. Dealers were getting used to the "Y" or "N" and other petty traps they were using so they started using the Poster, Pamphlet and Free trigger lock violations.

And the NEW Winner is...

I just got an email from George K, winner of the coveted Ammo Day Red's Trading Post cap (or I guess, more appropriately, "Ammo Day Jr."):

David,

I wish you worked for the lotto commission! Random drawing=George K. never happens to me. While it is an honor to have won the prize, I have to decline as I already own 4 Red’s hats (2 red and 2 orange, they change colors with each order). Plus, I can pick up another at any time as I visit Red’s about 4 times a week! If you would not mind, please draw another name for the hat. Hopefully someone far from Idaho wins it. Next time I travel back east to visit family, I would love to have a “Red’s hat sighting”.

Thank you for the hard work you do in supporting our rights, and for the help in regards to Red’s fight with the ATF.

George C. Kinslow II
Owner, Idaho Ordnance
http://www.id-ord.com/

I don't blame him--if I won a cap, I'd be afraid it would ruin my luck for the Power Ball or the Mega Millions or whatever it's called these days. So I replied to thank him for his generosity:

George, that is very gracious of you--thank you. The process was very scientific and rigorous--at the time I was ready to pick a winner we had 86 comments. I told my 12-yr-old to pick a number between 1 and 86, and counted down to you.

I'll select another winner using the same methodology from the current comment posts.

May I have the envelope please?

The new winner is:
SailorCurt

Hey, the kid picked "3" fair and square with no prompting. But we're up to 105 and still adding comments, which means we officially outnumber the rally in Maryland.

If they'd stopped with SailorCurt, we'd have already outnumbered the one in Seattle!

I'll be emailing you soon to claim your prize--and as I already mentioned, it is due to the generosity of WarOnGuns supporter "Sam," who suggested we do this tally in the first place.

Red's in the News

According to the May 23 audit, Red's has not been filing its gun sales in an appropriate order. Agents also claim Red's did not seek proof that a resident alien buying a gun lived 90 days continuously in Idaho before the sale. ATF also claims Red's left out a mailing address from a box on the gun sales form in 34 applications.

Oh, the humanity!

[More on the persecution of Red's Trading Post from WarOnGuns]

NRA on Red's

Among them--and certainly the most outspoken, through owner Ryan Horsley’s widely read blog on the Internet--is Red’s Trading Post in Twin Falls, Idaho. Red’s has been a family business since 1936, which makes it Idaho’s oldest gun store. After giving Red’s a clean bill of health in a 2000 inspection, BATFE found record-keeping errors in 2005, and began proceedings to revoke Red’s federal firearms license (FFL) in 2006.

Ryan's plight gets some wider exposure.

A Red's Letter Day

As I mentioned in a post comment yesterday, it's time to add our voices to those of Ryan Horsley in defending Red's Trading Post against persecution by BATFU.

WarOnGuns visitors: you know I never ask anything for myself, and you also know I never ask anything of you I have not already committed to. Please support this effort. Please write a letter to the judge ruling on Ryan's case.

Here are some basic guidelines:

Address your letter to:

Hon. Edward J. Lodge
Federal Building & U.S. Courthouse, MSC 039
550 W. Fort St., Room 400
Boise, ID 83724-0039

Please keep your letter respectful. The intent is to help Ryan, not anger the judge. Under no circumstances imply anything that could even loosely be perceived as threatening--if you do, you will be hurting Ryan, not helping him.

Please keep your letter brief. The shorter the letter, the greater the likelihood it will be read--or at least skimmed over. Keep it under a 500 word maximum, and fewer is better. If you need talking points, there are plenty of stories on this blog (Type "Red's" into the "Search Blog" box in the top left corner), but don't try to cover them all--pick a few main points and stick with them.

Here is my letter--excluding salutation and closing, it is 432 words. It is going into the mail as soon as I'm done posting this.

June 7, 2007

Hon. Edward J. Lodge
Federal Building & U.S. Courthouse, MSC 039
550 W. Fort St., Room 400
Boise, ID 83724-0039

In re: RED’S TRADING POST, INC. v. RICHARD VAN LOAN

Dear Judge Lodge,

It is apparent from recent actions by representatives of BATFE that they are attempting to do an end run around your recent injunction by cherry-picking minor infractions in their unmasked desire to close down a lawful gun store. As you found, ATF’s conduct in terms of “double counting,” and their calculated exclusion of mentioning audits where no violations were found, shows the agency is itself incapable of achieving the perfection they demand of those they hold power over.

DIO Van Loan’s assertion that he is the sole authority and determiner of what “justice so requires” is an affront to our system of open government with clear standards applicable to all, and most importantly, with checks and balances to prevent abuse. The concept is chilling, presumes authority over the rulings of your court, and allows for what we are seeing now: an apparent vendetta against Mr. Horsley for daring to exercise his First Amendment rights by telling the public of his experiences.

The infractions themselves are meritless reasons for shutting down a family business. We have no public safety issue here, no blatant and willful acts of defiance. Alphabetical vs chronological filings—the information is still there. “Y” and “N” instead of “Yes” and “No” on occasional forms—who in their right mind would maintain the meaning is unclear? Incomplete addresses? Complete information was maintained and on premises. Even the transaction with the resident alien showed a good faith attempt to establish proper compliance, and in fact, this was not a prohibited person and no harm was done.

I half expect Director Van Loan and his staff to write Ryan up for parting his hair on the wrong side, or for wearing the wrong color shirt on Tuesday. I don’t mean to sound facetious, your Honor, but I have worked for many years ensuring compliance with stringent government regulations across a wide variety of industries—from defense contracting, to pharmaceutical and medical device production, to medical practice management—and have never seen anything this intentionally petty and calculating, with but one goal in mind: destruction of the “insolent” who refuse to grovel, rather than public safety.

This is naked bullying and vengeance under color of authority, and I pray you will not tolerate it. Director Van Loan was correct when he stated in his amended declaration that his actions were applicable “not just with respect to Red’s Trading Post, but across the firearm’s industry.” But it’s not justice he’s pursuing, Judge Lodge, it’s judicially sanctioned approval of tactics designed to ensure intimidation instead of compliance.

Please don’t let him get away with it.

Respectfully,

David Codrea
[address, phone, email]

Please join me in this. Please ask other blogs to post on this, please pass the link to this post to your friends, and ask them to write letters and forward the information to theirs.

We can stand by and do nothing and let another gun shop go under, and watch the rest get intimidated, or we can each of us invest 15 minutes and a stamp.

Will you do this, and do it right now?

------------

UPDATE: I just had a "Doh!" moment. Reader JH reminds me this may be time sensitive, and suggests faxing is another useful alternative vs. snail mail. I agree--the court's fax number is (208) 334-9229

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.

Red's Resists Ruin

Ryan Horsley seems confident that he will triumph over a government shakedown that has cost his family business about $200,000 in legal fees, as he fights to keep Red’s Trading Post, a fourth-generation firearms store, in operation.

Red’s is Idaho’s oldest surviving firearms dealership. Sometime this summer, federal judge Ed Lodge, who’s best known for presiding over the dramatic Randy Weaver case, will decide if the federal government is right in claiming that Red’s “willfully” violated the law by making a relatively small number of clerical mistakes in its firearms sales records.

I don't know why it should take so long to reach a decision that ought to be obvious, but it is what it is. Pray the judge is an honorable man and Ryan gets the justice he seeks.

Let's hope he is of a mind that BATFU vindictiveness is not how federal authority is supposed to be exercised.

It's Not Up to BATFU to Deem Journalists Legitimate

One of the things that really stuck out in the BATFU complaint about Red's Trading Post "harassing" them was their claim that the citizen photographing their activities was not--what we here at WarOnGuns have termed--an "authorized journalist."

Ryan Horsley's lawyers need to check this out:
http://beltwayblogroll.nationaljournal.com/archives/2007/08/the_bureaucracy.php

The CIA has already ceded "that bloggers are journalists, too, when it recently decided to waive the fees for Freedom of Information Act requests filed by bloggers," and that's been confirmed by an ABC News blog:
http://blogs.abcnews.com/theblotter/2007/07/spy-agency-oks-.html

They report:"Earlier this year, the criminal trial of former White House aide I. Lewis "Scooter" Libby was the first time a federal court had issued press credentials to bloggers. A rotating pool of five to 10 bloggers sat alongside dozens of traditional media reporters to hear the government try and convict one-time aide to Vice President Dick Cheney on perjury and obstruction of justice charges stemming from the leak of an undercover CIA operative's identity."

The Beltway Blogroll article then discusses how BATFU departs from this precedent established by both the Executive and Judiciary when they claim "the person at Red's taking photos with a digital camera 'did not have any affiliation with any newspaper or news agency,'" and includes a few links to Red's Blog, along with a link to and a quote from yours truly.

In this case, the photographer was acting as an independent and free citizen with the intent of documenting and disseminating information on public government activities to his fellow citizens, and in fact, this information has been used for that purpose not only on this and Ryan's blog, but also on news sites like WorldNetDaily and now the National Journal.

If BATFU's contention prevails, they will, in essence and effect, be given judicial authority to decide who is qualified to report to us on their activities--and who is not. That's hardly within the scope of their assigned "authority," and hardly within the scope of government's authority to delegate to them.

It seems to me the judge should be given this information.

[More about Red's Trading Post from WarOnGuns]

Letter to Judge Lodge

I wanted to share a letter to Judge Lodge I was sent a copy of, because the writer has some first-hand knowledge of the forms and the audits.

June 11, 2007-06-11

Hon. Edward J. Lodge
Federal Building &U.S. Courthouse, MSC 039
550 W. Fort St., Room 400
Boise, ID 83724-0039

In re: RED'S TRADING POST, INC. v. RICHARD VAN LOAN

Dear Judge Lodge,

I am a FFL dealer in West Texas and I have been trying to follow this mess with Red's Trading Post. I have felt free to contact the local BATF office for questions and felt that I could trust their word. If there was something the BATF inspector wasn't sure about he would contact the BATF legal council in Dallas.

About a year ago I became uneasy because of BATF behavior in other parts of the country and started asking the inspectors to send me written verification. The inspectors have never been wishy washy and promptly complied with my requests with their name on the document.

Today I called the BATF office to make sure & clarify that the way I was keeping firearm transaction records was legal & approved. The BATF inspector directed me to the white 2005 FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE,PAGE 64,"CODE 478.124 Firearms transaction record. ", paragraph (b) A licensed manufacturer, licensed importer, or licensed dealer shall retain in alphabetical (by name of purchaser), chronological (by date of disposition), OR numerical (by transaction serial number) order, and as a part of the required records, each Form 4473 obtained in the transferring custody of the firearms.

I use the numerical system of keeping records and the inspector said that was perfectly legal according to the regulation.

Judge Lodge, notice the key word "or"in the method of keeping records. The word "or" is an exclusive term and means that anyone of the methods named in the regulation can be implemented and that the use of more than one of the named methods is not required.

Judge Lodge, notice that no where in that paragraph does it say that there must be a "front to back"or a "back to front" method of arrangement.

Sir, I cannot say for sure if BATF DIO Richard Van Loan and the Government's attorney do not understand the English language or they are abusing their authority under color of law. There is no greater offense to our fragile Democracy than a sworn officer that commits perjury or abuses their authority. If DIO Richard Van Loan, agent Caleb Rushing, and the Government's attorney get by with what they are trying to do,then they will become a law all in their own and can make up the laws as they go. AND that, Judge Lodge, is a tyrannical dictatorship.

Judge Lodge, I pray that you will do the right thing and relieve Red's Trading Post of this travesty, hold the authorities accountable, and grant Red's Trading Post compensation for the way they have been wronged.

Why Isn't Your Gun Store Like Red's?

More good stuff from Red's:

Ryan Does a Commerical

Questioning BATFU Trace Data

Promises of Restoring Rights Meet the Real World

Educating Republicans

Red's Trying to Put More Guns "On the Street"!!!

If every gun store owner stood up and pushed back like this, and acted as a hub for educating customers about their rights and government abuses, we would really have a force for change. Logically, a gun store should be the focal point in a community not just as a source of arms, but as an authority in all matters gun-related, including being a disseminator of information about pending legislation, and a leader in education and activism for promoting the right to keep and bear arms.

That most fear speaking out lest they anger "Master" will not save them--as we've seen, dirty work is best done in the dark. If the gun store you patronize isn't a leader in this regard, ask them why not. And ask yourself why you don't do business with one that is.

We tend as human beings to absorb the attitudes of those around us. If we associate with the timid, the quiet, the cowed, the afraid-to-rock-the-boat, guess what mindset we will adopt?

Why would any man want to align himself with any but the bold?

Ryan, thanks for giving me an example of leadership under fire.

[More about Red's Trading Post from WarOnGuns]

Where are All the 2nd Amendment Supporters?

Now, here is the part where I’m starting to get frustrated. Red’s has started an online petition asking for fair treatment of FFL dealers. This has been out there for a few weeks and there are only a little over 2000 signatures on it as I write this. There should be tens of thousands on it by now! Is this information just not getting out to the gun owning public? I know Red’s is doing everything they can to get the word out. But surprisingly, many of the outlets that should be jumping on this are remaining silent. Hello? NRA? Would it hurt to return a call or add this to one of your ILA action alerts? I have written to them and… nothing.

In another development that disturbed me a bit:

But coincidence is just what Mountain Man's owner is calling it.

"There are big differences," said owner Gary Painter. "Red's had been told before they had to make corrections on things they were doing wrong."

Y'know, Mr. Painter, I'll assume you didn't quite mean what this implies, because otherwise, it looks like...Nahh. You were probably just quoted out of context. Right?

In another development, Red's Marketing Director, Ryan Horsley, has agreed to a WarOnGuns interview. It'll be the same format as with Matt Bracken and David Hardy, that is, after the "formal" interview, you'll have a chance to ask him a question of your own via the post's "Comments."

I'll be preparing and conducting the interview over the weekend, and will probably post it next Monday or Tuesday, depending on Ryan's availability. Stay tuned and I'll make sure to announce the date.

In the mean time, if you haven't already signed the petition, please go do so now--and please recruit your gun-owning friends to do so as well.

[Via chareltonhest]

Radio Red's

Follow the title link to listen to Ryan Horsley of Red's Trading Post talk about "Red's vs Feds" on KLIX AM 1310 News Radio.

Click on the link for "Top Story 6/4/07 GLBT Float and Red's vs Feds."

Ryan's segment begins about 31 minutes into the podcast.

Breaking News: Twin Falls URA to Buy Red's Property

The Twin Falls Urban Renewal Agency agreed today to pay $200,000 for downtown property where Red's Trading Post at 215 Shoshone St. S...

The closing is expected around July 15, according to a copy of the contract.

Don't jump to conclusions. While the terms of the settled agreement are still pending public announcement, do not assume this means the business of Red's Trading Post will close.

The plan is for a better and more modern facility, and the downtime will be used to effect the move.

Stay tuned.

How You Can Show Support for Red's

Buy a hat. Click the title link for details.

Ryan Horsley "will be speaking out Thursday at the Regulatory Fairness Forum in Boise."

He continues:

Second Amendment Organizations: Let me make this clear, I have not been speaking out to receive help, this is not about Red's Trading Post, this is about all dealers. Our case is in the hands of the Judge, I have been speaking out to raise awareness of what is happening to our Second Amendment. Since speaking out I have become an even bigger target of the ATF. I'm not looking for a pat on the back, all I am looking for is some support. Simply write a letter, acknowledging what all of us know, that there is a problem with the ATF and it needs to be resolved. Thank you!

Hear, hear. Aside from JPFO and some individuals affiliated with gun rights organizations, the organizations themselves have been conspicuously absent from the fray.

It may not be "about Red's," but that's certainly where the current engagement--that will either chasten or embolden BATFU--is being fought. It's past time these groups--that rely on gun owner generosity to exist and prosper from--stopped lurking from the sidelines while volunteers do all the heavy lifting.

JPFO Creates Red's Resource Page

We want to make sure that we help Red's in every way possible against this thuggish organization. We've created a page at www.jpfo.org/redstradingpost.htm where you can find all the links, alerts, and documents relating to this case. Don't forget to visit Red's blog regularly too -- there's plenty of activity, so it's updated regularly.

Have you written a letter to the judge yet? If not, why not?

Craig on Red's

He says he can't really do anything because it's in federal court. Ordinarily, I'd say at least he could be using his bully pulpit to call public attention to it and to press for BATFU investigations, but with his recent media difficulties I'm not sure his direct involvement would be helpful at this point.

On a related subject, this blog has been getting quite a few hits from the feds in recent days--particularly from DOJ--and I also see they're then exiting the site directly to Red's...

[More on Red's Trading Post from WarOnGuns]

BREAKING NEWS: US ATTY RENEGES ON DROPPING HARASSMENT CHARGES AGAINST RED'S!

In a stunning reversal, US Attorney Deborah Ferguson has gone back on her agreement to withdraw harassment complaints against Red's Trading Post. She is apparently angered over Ryan Horsley's recent public statements defending his actions.

More will be released on this story pending a statement from Mr. Horsely. WarOnGuns will continue to follow developments as they occur.

[More about Red's Trading Post from WarOnGuns]