He recently testified in another case of agency harassment discussed below. The transcript of Mr. Savage's testimony can be accessed by clicking this link:
David,
Yes I was retained by defense. I have documents, some I have cleared through counsel to share if needed.
Mr. Albert Kwan is an FFL/SOT holder who the ATF was trying to take his FFL. He had NO paperwork violations. ATF wanted to take it for not enough sales and NFA transfers.
The ATF did two things here during this case:
1.) ATF examined every gun in his inventory [by flying out a firearms technology branch expert]. Many were forwarded to FTB for further "testing". The ATF took a semi version of the M-14 and the ATF, not Mr. Kwan and made a machine gun out of it. The ATF claimed it was a machinegun because it was made from a MG, "once a machine gun always a machine gun", and that it was also "readily restorable" as well, and it only took a small arms expert, in a government research facility about 30 minutes to make it fire full auto.
2.)The ATF later added a superseded charge of an un-registered Short Barrel Rifle because Mr Kwan had a Heckler and Koch VP-70 model M [machine gun], with factory "Holster/Stock" [plastic version of Luger or high power wooden holster/stock], a spare "Holster/Stock", and a VP-70 model Z [semi only]. All perfectly legal.
During the attempts to take Mr. Kwan's FFL the local ATF office came to gather ANY "post dealer samples" or machine guns made after May 19, 1986. The ATF own records [National Firearms Registry, and Transactions Record or NFRTR] is incomplete, and filled with errors.
The ATF took Mr Kwan's VP-70 M machine gun stating ATF records indicated it was a "post dealer sample" [though later found to be imported in 1977 as a dealer sample]. They left the spare holster stock, and the Semi version. ATF later charged Mr. Kwan for "otherwise combined" or constructive possession, because the ATF was able to attach the Holster/Stock to the Semi VP-70 during a second visit.
There is going to be a hearing on Aug 3 over this Short Barrelled Rifle, because it appears perjury DID occur during the trial [by ATF]. I see a retrial on the SBR charge at very least, This may even get set aside. The ATF took what was a legal "equation" of parts and firearms, took specific items by force, then later charged the man with an "illegal combination" for the remaining parts they did not take the first time. US v. Thompson center is on point here.
Here is simple write-up a friend did for me concerning the transcript:
These creatures just won't stop. And remember, they're doing this under the "authority" of a "pro-gun" administration.This is the official transcript of Len Savage's testimony on June 19, 2007 in the Albert Kwan case. Kwan was charged with possession of an unregistered machine gun and possession of an unregistered short-barreled rifle. A jury acquitted Kwan of the machine gun charge, and found him guilty on the short-barreled rifle charge.
In his testimony Savage established himself as a firearms expert and showed that the BATFE needed to spend a significant amount of time and effort to modify Kwan's M14 semi-automatic rifle so that it would function as a fully-automatic firearm. He also debunked the BATFE's "once a machine gun always a machine gun" regulation and listed several instances where the Firearms Technology Branch had made mistakes in classifying firearms. Finally, Savage explained how the BATFE could prosecute most gun owners for possession of an unregistered machine gun: given enough time, tools, and parts, any semi-automatic firearm can be converted to a fully-automatic firearm.
I fear that Ryan is about to get the "treatment".
Len
UPDATE: Some have indicated they have problems and the link to the Savage document will not open. Whose Paranoid has graciously offered to host some files for WarOnGuns, so an alternate link to access the document is:
http://www.whoseparanoid.com/wog/pdf/USA_V._KWAN_-_SAVAGE_TESTIMONY%5b1%5d.pdf
6 comments:
I was under the impression that the original reason the federales-meaning both the FBI and ATF-started looking at Kwan was in connection to the Tom Wales murder.
Kwan couldn't (or wouldn't) account for a aftermarket Makarov barrel that he had purchased. It was only after he couldn't/wouldn't tell them where the second barrel was that they started digging through his collection and trying to revoke his FFL/SOT status.
This is what happens when we submit to a criminal gang which tries to take our liberty. They begin to give themselves "authority" over many aspects of our lives and then punishing our "infractions". Absolutely disgusting.
Heartless Libertarian-- I sent your comment to Len Savage and he sent me this reply:
David, The man speaks the absolute truth. That is what started this mess.
1) Kwan was targeted because he:
-Was the closest FFL to the suspect that they think murdered US Attorney Wales.
-Had purchased A barrel from Federal Arms Corp. before the company went belly up. FBI had a "regenerated receipt" that said he purchased two not one.
-was held a a material witness for 45 days without counsel, etc. as Feds then raided his home, called the ATF to come take a look....He was being pressured to testify he sold the suspect a makarov barrel, Kwan's problem was that he didn't, and refused to lie, even though it would have made his problems go away.
2) The US attorney in this was fired by Alberto G. Alberto has been on a tear to close the open murder case on Wales and does not appear to care how it is closed.
In support of this I send a link to a document that seem to tell the story better than I.
http://seattletimes.nwsource.com/ABPub/2006/11/09/2003384980.pdf
Feel free to share this info with our libertarian friend. From a video tape of the FBI search the ATF Claimed they saw MG's and got a warrent to send an expert from FTB out take a second look [wink, wink,...nod, nod].
The history with ATF and Kwan went deeper, they have tried to take his license on other occasions, and he had successfully fended them off. Bottom line Alberto fired the Special Agent in Charge of the Seattle office, and the US attorney over this, and the ATF was brought in to provide leverage on Kwan.
Len
I would like make mention that this is also under the same Northwest ATF office that we are dealing with.
Yes...
When FBI was running around demanding everyone turn over their barrels for testing.
An outrage.
I have been looking for more info on Kwan for a while now. Thank you for posting this David.
C.H.
Red, they're probably extra pissy because they lost all but one count in the Kwan case and now are being challenged on that one as well.
According to Phil at Random Nuclear Strikes, US Attorney McKay, and possibly the Seattle SAC, were on the AGs' (both Ashcroft and Gonzalez) bad side for trying to use the Wales case to pry open the NICS purchase records. Not sure if Wales was also involved in that, but according to Phil a judge had decreed that no, those records were not available to the DoJ, a few months before Wales was killed. Ashcroft and Gonzo had apparently told McKay "No" as well.
Seems the Wales case is causing all kinds of collateral damage.
Can either of ya'll confirm/deny what Phil said?
BTW-I live near Olympia, so most of this is local news to me.
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