Give Me Back My Property

From Len Savage:

Acting Director Sullivan,
Mr. John R. Spencer
Chief, Firearms Technology Branch
244 Needy Rd.
Martinsburg, WV 25405

August 12, 2008

Dear Mr. Sullivan,

I have not heard from you or the ATF since our last communication. I have attempted several times on behalf of Historic Arms LLC (hereafter the Company) to speak with John Spencer, and left messages for him to call back.

Your letter (3311/2008-642) of July 22, 2008 informs the Company that you were going to proceed with forfeiture proceedings. The Company asked that you proceed without delay.

The Company has not received any notice of proceedings. You have seized Company property without any cause or court order to date. The company firmly demands the return of the firearm in question. The company also firmly stands by it’s finding that the ATF applied testing methods are invalid, therefore FTB classification is also found to be invalid, and not supported by documents issued by ATF or basic common sense.

Furthermore your claims of having rights to seize and forfeit the property is meritless-- please see your own policy:

Title 26 Seizures for Forfeiture

Overview:

There are only two methods of forfeiture under the Internal Revenue Code (Title 26), administrative and civil judicial. These methods are commonly referred to as "code forfeitures" or "Title 26 forfeitures." There is no provision for criminal forfeiture. Only property used, or intended to be used, to violate the Internal Revenue laws can be forfeited. Proceeds of such a violation is not forfeitable. In addition, there are no "tracing" provisions with code forfeitures. Accordingly, the property purchased with proceeds is also not forfeitable.

Authority Granted in 26 USC §7301

Title 26 USC §7301 provides for the forfeiture of taxable property which is in the custody of any person intending it to be sold, removed, concealed, or deposited to defraud the United States of the tax, or is possessed with the intent to avoid payment of the tax. It also provides for the forfeiture of assets used to manufacture, contain, or transport the taxable property that is the object of the fraud or evasion scheme.

Authority Granted in 26 USC §7302

Title 26 USC §7302 provides for the forfeiture of any property used, or intended for use, in violation of the provisions of the Internal Revenue laws or regulations prescribed under such laws. It is the more commonly used statute for a Title 26 forfeiture. The wording of 26 USC §7302 is very broad. Although 26 USC §7302 authorizes the seizure and forfeiture of any property used, or intended to be used to violate any of the Internal Revenue laws, it is not to be used as a substitute to the collection of taxes. Consequently, most Title 26 forfeitures have involved property used to violate the provisions of the wagering tax laws (26 USC §4401, §4411, and §4412), the sale of motor fuels (26 USC §4081 and §4091), and, to a lesser degree, the equipment used in these tax fraud schemes. Forfeiture can also apply to other sections, such as the sale of tires (26 USC §4071).

Mr. Sullivan, even your own staff documents the fact that a “Notice of Manufacture” [ATF form 2] was filed by the Company. There was no attempt to defraud or avoid paying tax. As Mr. Spencer pointed out in his last letter (3311/2008-642) of July 22, 2008, I am a Special Occupational Tax Payer in good standing.

Therefore please return the property of the Company [the firearm in question] immediately.

Respectfully,

Len Savage
President,
Historic Arms LLC

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

Just so we understand the rules:

Crimes and Criminal Procedure - 18 USC Section 983

(B) If the Government does not -
(i) file a complaint for forfeiture or return the property, in accordance with subparagraph (A); or
(ii) before the time for filing a complaint has expired -(I) obtain a criminal indictment containing an allegation that the property is subject to forfeiture; and
(II) take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute,
the Government shall promptly release the property pursuant to regulations promulgated by the Attorney General, and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense.

SNBI

Yuri Orlov reminds us that some, who would presume to lead us in the "gun rights" struggle, use this term as a pejorative.

I'd contend that says more about them than it does us.

Take the Only Ones Challenge!

To paraphrase Glinda, from "The Wizard of Oz":

Are you a good Only One or a bad Only One?

There's competition for the meaning of the term. Ahab/Caleb has started featuring stories illustrating the good they do.

Good for him. I've certainly never claimed exclusive rights, particularly since it was coined by someone else.

I do have a challenge for him, though:

Go up to the "Only Ones" you praised in Chicago or Los Angeles. Congratulate them on their bravery. Tell them how much you admire them, and how you sympathize with them risking so much in often thankless and unappreciated tasks. Shake their hands and offer your profound respect and appreciation.

Then, tell them that in accordance with the Supreme Law of the Land--the one that says "the right of the people to keep and bear arms shall not be infringed," you are carrying a pistol in order to protect yourself, your family and your community.

And then let us know how much they respect you, and which definition of "The Only Ones" manifests itself--yours or mine.

Grand Opening of the NEW Red’s Trading Post!!

Monday August 18th will be the Grand Opening of Red’s Trading Post at our new location at 203 5th Ave South in Twin Falls.

It's a new blog url, too.

There is still no official announcement regarding resolution of their case. Let's hope Ryan will be able to address this soon with good news. In the mean time, I would suggest that speculation may not be helpful.

We're the Only Ones Chased Enough

A Citrus Heights police officer was arrested early Saturday on suspicion of leading police on a 41-mile high speed chase and attempting to run over a Folsom police officer with his motorcycle...

Obviously one of the few rare "bad apples."

Let's take a look at the sentiment from a barrel representative:


In other words, "major injuries"? That's the "Only Ones" spirit, "brother warrior in Christ!"

Of Course You Realize this Means War!*

“So, will Web sites, will bloggers have to give equal time or equal space on their Web site to opposing views rather than letting the marketplace of ideas determine that?”

I'd actually like to see such a ridiculously miscalculated overreaching, but don't think this is really imminent. Still, it's another camel's nose/slippery slope reason to vigorously oppose "fairness doctrine" tyranny now.

*Easy, there...

We're the Only Ones Groped Enough

Jennifer Tyler, now a deputy sheriff in Washington state, said that before her first day of the job, Custer County Sheriff Mike Burgess put his hand down the back of her trousers and touched her waistline and buttocks during a uniform fitting.

"It's degrading to have someone who just hired you to stick his hands down your pants," Tyler said.

Yeah, no kidding.

But my question for you, deputy, is if you're so hard up for a job that you'll let yourself be degraded, why should anyone think you'd stand up for a citizen or a prisoner being abused?

[Via John G]

We're the Only Ones Anointed Enough

Tennessee Sheriff Creating "Special Church Deputies"

So does that make them "Chosen Ones"? And will they have a legal obligation to protect you, or just a religious one to pray for you if they fail?

[Via Jeffersonian]

No Safe Places

An elderly gentleman asked the instructor, “I live in a nice neighborhood. My wife and I go walking nearly every evening. Do you think I should take my gun with me?”

Incredibly, the instructor replied, “Well, that’s a personal decision that you will have to make for yourself.”

I wanted to scream, “Of course, you should! There are no safe places!”

What could be more obvious? Yet how many have been conditioned to render themselves defenseless when they see the right magic symbol?

My favorite rejoinder when people tell me they live in good neighborhoods: Very few of us live in better ones than Sharon Tate did.

[Via HZ]

We're the Only Ones Professionalette Enough

A District Attorney's Office investigator accidentally shot herself in the leg Tuesday as a law enforcement task force was trying to arrest a robbery suspect, authorities said.

The investigator reportedly was getting out of her car when her pistol went off. One round struck her in the leg...

Lee? Lee Paige?

Have I got a girl for you!

I can almost hear the pitter-drag-patter of little feet.

[Via Michael S]

Stalled in Lake County

We had a good showing (~60 people) at the Lake County Board meeting this morning, but since no board member would pick up the resolution, it stalled.

Not one picker-upper. After you disarmed for them and everything.

They've made their position crystal clear: They don't care about you and they don't care about the Constitution.

I'll be interested in seeing what it is you're working on next--and whether or not it has some credible teeth to it.

This Day in History: August 13

In London, Lord Sandwich announces that the British Navy has engaged the 6,000 tons of shipping needed to transport regiments from Ireland to America.