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
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, 2007Please 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.
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]
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
Fax away.
ReplyDeleteJune 7, 2007
ReplyDeleteHon. 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,
History is largely a story of different groups of people struggling over scarce rights. Sometime the conquerors are blatant and unapologetic, as was usually the case in times not that far in history. More recently, religion or secular "isms" such as communism and fascism are used to lend a veneer of moral legitimacy to the ancient rule of might make right. Even the United States is guilty of this.
Today, the "ism" of choice for driving people out of business and stealing resources from us as individuals is BATFE "ism". When its adherents attempt to use the ends to justify the means and circumvent basic protections like our 2 Amendment, a process that may have once been a legitimate public dialog becomes a power grab.
This power grab conducted by the ATF shows the system is corrupt by double counting minor infractions in order to close down a law-abiding American citizen business which was lawful. This shows the ATF agency is the one that had mislead the courts, not the gun store owner and if anyone should be judged, it should be those in charge, Director Van Loan and his staff.
Your Honor, please consider the ATF’s agendas before you presume RED’S TRADING POST, INC guilty of any wrong doing. Please consider our country's liberty and ask yourself if this is really going to solve some of our great countries problems or add problems of distrust.
Please forgive the verbosity, but when people or government become dishonest to make themselves seem right and the government knows about this injustice, it shows that those who know are in favor in order to achieve a goal by maneuvering the system.
Judge Lodge, please weight this case of great importance or seriousness with circumspect.
Regards,
Larry R. Rankin
[address, phone, email]
June 7, 2007
ReplyDeleteHon. Edward J. Lodge
Federal Building & U.S. Courthouse, MSC 039
550 W. Fort St., Room 400
Boise, ID 83724-0039
In regards to: Red’s Trading Post, Inc. v. Richard Van Loan
Dear Judge Lodge,
I have been following the BATFE’s case against Red’s Trading Post, and I have to say I am just appalled. In their most recent audit the agency ‘discovered’ more errors and I understand they have asked you to lift your injunction so that they can shut Red’s down for these ‘willful’ violations.
It is my understanding, however, that almost all of thse latest ‘willful violations’ were the result of Red’s staff following the recommendations of a previous BATFE auditor. One of the violations consisted of filing some forms chronologically and some alphabetically, and the other was for failing to enter the firearm purchaser’s full address in a box that was too small.
I was a Nuclear Reactor Operator in the US Navy for six years and before joining I had been working on becoming a computer programmer, as a result I put a slash through my zeroes to distinguish them from my ‘O’s. Before starting up the reactor we would performa six to eight hour procedure to check the reactor safety equipment. Two operators were required, alternating between performing the checks and recording the readings. On one occasion when Dave and I did the checks the Lt(jg) reviewing the paperwork realized that I had slashed my zeroes and Dave hadn’t. He decided that two different men should redo the entire procedure while Dave and I ‘observed’. As a result we wasted 30 man-hours and delayed the ship’s underway. As an enlisted man I have no idea what the squadron commander had to say about it, I just know that we were told not to worry about whether our zeroes were slashed.
It seems to me that the BATFE agents are in the position of the jg, insisting that Red’s meet arbitrary and capricious standards which have nothing to do with actually ensuring safety. I would ask you to act as the squadron commander and tell them that it doesn’t matter if some of the zeroes are slashed and some aren’t, what matters is that safety has been maintained.
I thank-you for your time.
Respectfully yours,
Bruce W. Krafft
June 7, 2007
ReplyDeleteHon. 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 have been a customer of Red's Trading Post and have always found them to be professional, courteous, informed, and honest. All my transactions with Red's have been positive and I would not hesitate to do business with them in the future.
Thus I was very surprised when I learned of DIO Van Loan's assertions of infractions of ATF regulations by Red's. I then became concerned for our liberties as United States citizens and Red's commerce rights when I became informed as to the petty nature of the three infractions alleged by DIO Van Loan.
DIO Van Loan is simply wrong. DIO Van Loan, in my opinion, has over stepped the authority given him, in trust, by we the citizens. Last I heard the U.S. government is of the people, by the people, and for the people. No where in that statement do I read that DIO Van Loan is the sole authority and determiner of government policies, regulations, and enforcement. DIO Van Loan does not appear to me, as a citizen, to be pursing justice. There have been no egregious violations of public safety or trust by Red's.
On the other hand, DIO Van Loan does appear to be pursuing vengeance. DIO Van Loan's blatant and unwarranted denial of requests by Red's to sell even to the police is an obvious breach of public trust based on his vendetta towards Red's. Beyond that, he is denying requests by Red's for used guns, despite a Judge's orders. If anyone should receive a cease and desist order, it is DIO Van Loan. We can not tolerate this of our government officials in a free society. Please do not grant DIO Van Loan's request.
Thank you for your forthright consideration and action.
Most Sincerely,
Gary Shumway
(address, phone)
These are excellent--logical, reasoned and true. They are sure to impress.
ReplyDeleteThank you all.
Keep 'em coming.
My attempts to drum up support on the two gun forums I frequent don't seem to have generated much interest.
ReplyDeleteI'm a little surprised, but I would be willing to wager that you are not, David.
David, I will write mine and mail it in the morning. I don't know if I will post it here, but I will mail it to the judge.
ReplyDeleteWish me luck on courtesy. I am so tired of it being imperative to remind our servants of their duty to the law. Where the Hell have they been and where the Hell were they educated?
Outstanding.
ReplyDeleteYou know, the latest happenings in my state lately have made me more proud to be an Idahoan than ever before.
The Dotys.
The ferocity in which people like Ryan fight.
The game is afoot. JPFO, ATF, Ryan and supporters. The forces are in place. Fight.
I will send my letter ASAP.
Sincerely, C.H.
Have written letter, will try to get it faxed tomorrow a.m.
ReplyDeleteThis is a good idea -- at least I hope the judge thinks so.
Want to say how much I appreciate your BLOG, column in Guns, etc. You do a lot of good.
one more thought. What is the contact info for the local sheriff.
ReplyDeleteIf he/she has any courage the persecutors of Red's can be arrested for abuse under color of authority. He/she is the supreme lawman in the county, bar none. Not even a fed can overrule. Perhaps we should be writing the sheriff also?
None of the Idahoans I have known, and I used to be based out of Idaho Falls like being pushed around.
ReplyDeletePerhaps the sheriff just needs to be apprised of the power of the office?
Hon. Edward J. Lodge
ReplyDeleteFederal 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 Sir. Do you not find it quit odd. That the BATFE just did an audit on Reds Gun shop. And now is saying it has found more infractions? How is this? Did they not do their Jobs correctly the first time. And if so? How can they demand any legitmacy in their so called claims this time?
They went through Reds records and their claims were repudiated by the court. Now they are being forced into more defense of their rights by a harassing agency. That has made it clear they are doing nothing but? And I quote-
"One of the employees documented Young stating to the other Agents during the audit, 'We'll do this again and again and again until this is done. I mean done. Sooner or Later it will be done, something will be found."
I rest My case..........
I went with a slightly different tac:
ReplyDeleteDear Judge Lodge;
I am writing in reference to the above listed case that is before your court. I understand that you granted Red’s Trading Post an injunction to continue full operations as they “…would not place the public safety in jeopardy”. I agree with this ruling and find it refreshing that the judiciary would take such a common sense stance on this issue.
It appears that Bureau of Alcohol, Tobacco, Firearms and Explosives is not satisfied with your ruling and are turning up the heat on this local family owned business.
Judge Lodge, I ask you to refuse the recent request by the BATFE to terminate your preliminary injunction that was granted in favor of Red’s Trading Post. The situation at Red’s Trading Post has not changed. Ryan Horsley and his operations still do not place public safety in jeopardy. This is a thriving, multi-generational, business that is an important part of the community. Closing Red’s over these minor administrative errors would only be a detriment to the community.
I find it appalling that a government bureaucracy would go to such lengths to shut down a small business that poses no threat to public safety, pays taxes, and pays wages to support the local economy. Please uphold your temporary injunction granted to Red’s Trading Post on April 30th.
Respectfully
JR
"ChareltonHest said.
ReplyDeleteThe Dotys."
Carlene?
David, I will fax mine tomorrow, sorry I took so long, but I have been swamped lately.
ReplyDelete