For the foregoing reasons, the Court has GRANTED defendant’s motion for a new trial.I meant to post on this a few days back but got wrapped up in other stuff and plumb forgot.
It's good news.
Is there any doubt that the purpose of BATFU is to destroy people who are no threat? I guess that explains a lot.
Y'know, we want to make it home at the end of their shift, too.
[Via Of Arms and the Law]
"Due process" is a foreign concept to the BAFECES. Same with the Bill of Rights apparently.
ReplyDeleteFor those not familiar with the case:
ReplyDeleteKwan owned a VP-70M (a machinegun) and a VP-70Z (semiautomatic). ATF claimed that the VP-70M was a post dealer sample, and seized it when they revoked Kwan's 07/SOT. They did not take the spare stock for the VP-70M, and left it with the VP-70Z, then came back weeks later and claimed "constructive possession" of the two articles.
Since it was found out that Kwan purchased the VP-70M from a well known NFA dealer in 1980 ["post sample" machineguns made prior to May 19, 1986 are allowed to stay in the possession of the licensee even when FFL is out of business], the trial Judge was not amused at the ATF's attempt to set Kwan up. He set aside the verdict and demanded that Kwan get a new trial.
ATF didn't like that idea and appealed the order to the 9th circuit.[through the US attorney]. The oral arguments in the appeal were last Tuesday Aug 26th.
Look for at least 30 days to a year before the 9th circuit rules on this.
I noticed two things here, that really trouble me.
ReplyDeleteThe appellate court agreed that mere possession of parts could constitute an illegal firearm. While they decided rightly in this case, that does nothing to establish the need for an illegal act before prosecution is allowed.
In fact, it would seem to help the ATF in future cases.
The other was that in 2001 the ATF stated in a letter that assembly was required of the various before it came under NFA rules, or became illegal to possess without registration. Now just owning the parts is "constructive possession", which translated means your non NFA firearm is still an NFA firearm if they say so. An analogy; a hunter who owns a Wetherby 300 magnum with which he hunts and has among other tools in his workshop a hacksaw or pipe cutters, now has a "short-barrelled rifle", if the NFA so decides.
SA,
ReplyDeleteIt also means that someone who owns a ruger 10/22 and a ruger charger is guilty of having a "short barreled rifle" as the 10/22 stock will fit on the charger's barreled action. Heck, better hope that you didn't buy one of those evil parts kits years ago which came complete with the full auto parts for various rifles.
This is all ridiculous. All of these parts can be made by an average metalworking hobbyist. Heck, the wooden shoulder stocks can be made by the average woodworking hobbyist.
I'm guess I'm f*cked nine ways to Sunday. I like Contenders and Encores.
ReplyDelete