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.

Savage to Sullivan: It's On

After attaching ties, tape and a chain to a submitted firearm in order to attain automatic fire, BATFE has refused to reclassify and return Len Savage's property. They have further demanded that he register it as a machinegun. In response, Savage has challenged them to begin forfeiture proceedings.

WorldNetDaily has the story. Click the title link and read it, and you'll be prepped for the details that follow.

Here's a copy of the ATF refusal and demand. The Cliffs Notes version of what they're saying: Even if they hadn't converted it, it would be "readily restorable" because they could always put the chains, tape and ties back on. So he improperly tried to register it as a short-barreled rifle, when he should have registered it as a machinegun.

Because they're nice guys, they'll let him register it properly, but he must act now or they're going to seize it.

With that as background, here is Len Savage's response, titled "I Received Your Ultimatum":

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

Your letter (3311/2008-642) of July 22, 2008 informs Historic Arms LLC (hereafter the Company) that you are unwilling to consider re-examination and re-testing of the submitted firearm serial number V1. It was submitted by the Company to confirm that is was correctly registered and a request was made for it’s return upon completion of such confirmation.

Upon manufacture, the Company registered Serial Number V1 as a short barrel rifle on the ATF Form 2 “Notice of Manufacture” as is required by statute and regulations. On April 21, 2008 Serial Number V1 was shipped to FTB for verification that the Company was compliant with the registration requirements and in conformity with its classification as short barrel rifle. Your claim that it was improperly registered based on your use and addition of separate devices not submitted the Company, that are NFA firearms themselves, conversion devices, is self serving and specious.

As you are aware, the Company had no notice of a dispute in its classification of the questioned firearm as a short barrel rifle until June 10, 2008 letter (3311/2008-471) was received by the Company on June 16, 2008. That letter proclaimed that serial number V1 was classified as a machinegun for two reasons:

1). It is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.; and,

2). It is readily restorable to shoot automatically.

With all due respect, I reject the first reason out of hand. The firearm, serial number V1, was designed by the Company with specific intent to prevent more than one shot with single function of the trigger.

Equally meritless is your “readily restorable” characterizations of serial number V1. The firearm now in your possession was designed by the Company with specific intent to prevent it from being readily converted to shoot more than one shot with a single function of the trigger, your use of a separate conversion device in testing proves this. Restored is a word which not further defined in statute or regulation. Websters Dictionary defines restore as a transitive verb meaning to 1) to renew, rebuild, alter; 2) to put back into existence or use; 3) to bring back into former or original state. It is axiomatic that one must completely ignore the plain meaning of the verb “restore” to accept your interpretation of the “readily restorable” phrase as it appears in your letter. It raises the metaphysical question of whether a thing that never existed or never has been can be restored. To apply any meaning to your explanation for classifying serial number V1 as a machinegun, That is more than mere distinction -It is a real difference which raises a separate controversy, albeit one in which your argument is equally flawed.

It is most gracious of you to again offer the Company an opportunity to register the firearm, serial number V1, as a machinegun. However, I reject that offer as inappropriate in that it has the potential to expose the Company to criminal liability or adverse civil action against the license. The Company would be pleased to reconsider the offer if it were accompanied with a grant of immunity from criminal prosecution or adverse civil action against the licensee.

Your suggestion for forfeiture of Company property is an excellent solution to this most unfortunate controversy. The initiation of forfeiture proceedings by ATF against the firearm serial number V1, will afford the opportunity for both parties to be heard and will provide a fair and equitable determination of the issues while preserving all processes that are due for both parties.

Accordingly, the Company awaits notice of seizure of the property and the institution of forfeiture proceedings. Historic Arms LLC requests that this is done without delay. You will be notified without delay of the Company decisions for proceeding with forfeiture action upon receipt of notice.

Respectfully,

Len Savage,

President,
Historic Arm LCC

In other words, if he took them up on their "offer" and tried to re-register it as a machinegun without a guarantee of immunity, they would technically be able to come after him for committing "unlawful acts". His options are to risk losing an expensive piece of property to forfeiture proceedings, or to risk his livelihood and freedom defending himself from stepping into the trap of essentially being coerced into signing a confession.

Those of you who have been watching things here and in other cases we've talked about, and slogging through the myriad documents, will see what's going on--this is another significant piece of evidence as to the true nature of this agency, and another significant glimpse into the hearts and minds that run it.

Still, there is a glimmer of hope in terms of overreach repercussions they're setting themselves up for. I can't reveal my source, but I am allowed to share with you a particularly insightful observation:

It is axiomatic that ATF won't back off its classification. Thing to do is pound on the illogic of that classification when juxtaposed with the "Error Table" document [see below--DC], and how application of the same test or whatever the [expletive deleted] you call what ATF did to your upper would result in a bunch of other machine guns. Is there any reliable estimate of how many uppers like that are out there, in circulation, as non-firearms? Seems to me like ATF is playing with the kind of fire (benzene, maybe) that can't be put out with water; the only way to put it out is to let it burn, in other words.

"Always Think Forfeiture"

The Bureau of Alcohol, Tobacco & Firearms requires the following items, Purchase Description Determined by Line Item, to the following:
LI 001, EXACT MATCH ONLY - Leatherman Micra Color: Blue - Part number 64340101K Engraved with: ATF-Asset Forfeiture AND "always think forfeiture" PLEASE REFER TO THE ATTACHMENT. NOTE: ATF MAY REQUEST A SAMPLE TO DETERMINE IF IT MEETS OUR REQUIREMENT. A picture of the item may be substituted in place of the actual sample. ***Partial Shipments are allowed. Please use the space below to explain your delivery schedule. Preferred Delivery is between November 15th-23rd, NLT November 23rd***, 2000, EA;

Think about the mindset that conceived "Always Think Forfeiture," and believes it's an appropriate government mission statement. Know that BATFU management intends to ingrain it in the minds of its functionaries as indelibly as it is engraved on its self-promoting motivational swag.

Think about it in relation to the Quartering Act that we recalled today--and think of the mindset that views private property as government's to seize and use to further its control.

Now compare it to Founding Era intent:

That to secure these rights, Governments are instituted among Men...

Compare it to "the mission statement" described and agreed to in "the supreme law of the land":

...in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity...

These irredeemable thugs don't think they're above the law--they think they are the law.

And make no mistake: this reflects the culture established and encouraged by "Maximum Mike"--the darling of John Kerry, Ted Kennedy and our wonderful "Vote freedom First President."

Have you haven't written your senators yet demanding they oppose Sullivan's confirmation--with the "or else" that you'll oppose them if they don't? You have, right?

As long as I'm chiding, why not put the squeeze on John McCain and tell him it's time to stop ducking the issue?

And finally (you didn't think I was done, did you?), why not report this abuse of plunder to the Office of the Inspector General? If for no other reason than we know that light makes creatures of the dark scurry for cover and it's fun to watch?

[Via Jeffersonian]

Frankenstein's Remorse

“[Civil Asset Forfeiture] should be abolished.” 
That’s the considered opinion of the two men — John Yoder and Brad Cates — who, in the 1980s, oversaw the development of federal civil asset forfeiture as a tool to combat organized crime and the drug trade. [More]

Hey, how were they supposed to know that if you create a monster it will go on a destructive, terrifying rampage?

What I'm wondering is when the villagers will have finally had enough and start picking up torches and pitchforks.

[Via Michael G]

Where Credit is Due...?

U.S. Rep. Bill Sali, R-Idaho, said Friday that his complaints about the slogan - "Always Think Forfeiture" - persuaded the Bureau of Alcohol, Tobacco and Firearms to end its use on the Leatherman tools handed out to participants in a training program.

But a spokesman for the federal agency said Friday that the agency actually stopped using the slogan about two months ago, when other members of Congress first raised concerns.

So who the hell does BATFU think they are to require a FOIA demand before they'll release the names of other congressmen who "had inquired about the slogan"? Why is that not a freely-accessible public record, and does it not nicely illustrate what light-fleeing shadow-dwellers they are?

Oh, and nice try, Walt Minnick. I see you credit yourself with being "instrumental in the creation of the DEA (Drug Enforcement Administration)." So I see what you mean about "pay[ing] attention to details" when the topic of assert forfeiture comes up.

I also see that as of a couple months ago, the majority of your support came from out of state donors--that'll serve the independence of Idahoans well--nothing like a little carpetbagging by proxy, eh?

I truly don't fault Sali. You don't know what you don't know, and those other congressmen should have come to the fore on this and been the leaders they tell us they are. And BATFU getting all snitty didn't help. The bottom line is, it's a good thing.

Here's somethihg else good that came out of this:

That changed March 19, when a blogger looking at ATF contracts on a government-purchasing database found an order for 2,000 Leatherman tool-kits engraved with the slogan.

The blogger wrote about it on www.freedomsight.net, and the issue took on a life of its own in the blogosphere. Gun owners and private property rights activists seized on the phrase as a sign that the agency was biased toward law-abiding gun owners.

It's very nice to see Jed get some recognition, and affirms that bloggers can and do affect the course of things.

So--who knows how to file that FOIA request? Not that I don't automatically believe every word they say...

[Via Wayne Newton :) ]

Always Think Forfeiture

Philadelphia Makes Huge Civil Asset Forfeiture Reforms, Hands Over $3 Million to Its Victims [More]

And where did it get the money it's handing over from?

I still want one of those Leatherman tools.

[Via Michael G]

Always Think Forfeiture

Chris Christie vetoes unanimous bill that would make NJ cops disclose what they seize through asset forfeiture [More]

Lemme guess: He got one of those Leatherman tools?

[Via Michael G]

Government files for asset forfeiture of Stag Arms firearms seized in raid

“I am currently investigating allegations that Stag Arms, has committed multiple violations of federal firearm laws and regulations, to include ... making false entries in, failing to make appropriate entries in, and failing to properly maintain, federal firearms records ... failure to serialize and place required markings on firearms ... and ... possession of NFA firearms not registered to the FFL.” [More]

Today's Gun Rights Examiner report notes "Always Think Forfeiture" still appears to be the prime directive...

So Much for Securing the Blessings of Liberty

How a Young Joe Biden Became the Architect of the Government's Asset Forfeiture Program [More]

Always think forfeiture, right?

It looks like the Republicans weren't any better.

[Via Michael G]

As the Net Tightens

To improve the prohibitions on money laundering, and for other purposes. [More]

Funny. I don't hear anyone arguing the Founders could have never imagined bitcoins.

Remember: Always think forfeiture!

And don't worry about this. They don't and they're professionals.

[Via Bluesgal]

Always Think Forfeiture

In July, we reinstituted our equitable sharing program... [More]

That's one way to put it.

[Via Mack H]

Even a Broken Clock...

Connecticut Bans Civil Forfeiture Without Criminal Conviction [More]

That's the way things oughtta be. Why isn't it?

[Via Michael G]

Justice Denied

 Michigan Civil Forfeiture Appeal Declined by U.S. Supreme Court, but Underlying Problem Remains [More]

All SCOTUS needs to do for tyranny to win is... nothing.

What did Mr. Kennedy say about this?

[Via Michael G]

A Mugged Conservative

 Georgia Rep. Andrew Clyde, a Victim of Civil Asset Forfeiture, Calls for New Reforms [More]

So does that make him a "Never Trumper"?

[Via Michael G]

Always Think Forfeiture

They do. [More]

I wonder if you can get one of the Leatherman tools on eBay...

Always Think Forfeiture?

"I'm sick of hearing about your rights," the agent said, according to Serrano's lawsuit. "You have no rights here." [More]

If he has none then neither does his persecutor.

This is the undisguised tyranny you are making inevitable, AG Sessions.

If I may paraphrase Mr. Kennedy, making peaceful resolution this difficult to obtain -- impossible for any without the wherewithal -- makes violent revolution inevitable. And justified.

[Via Michael G]

Always Think Forfeiture

One of the greatest evils of our system, and especially so when frozen assets deny a proper defense... [More] 

I note some apologists for/defenders of the practice in comments.

[Via Michael G]

A Good First Step

 Kansas officers couldn't keep your money without criminal conviction under civil asset forfeiture bill [More]

A good second step would be taking "your" money to pay restitution to those you have harmed and cutting out the middlemen. 

[Via Michael G]

Throwing in the Towel

Stag Arms expected to plead guilty to federal firearms violations [More]

It sounds like continuing to resist Leviathan will just be suicidal, so giving up and taking their lumps is the option of least destruction.

I stopped following the case back when the government filed for asset forfeiture, and the company clammed up out of legal self-protection.

[Via Doug Rink]

UPDATE: That's gotta hurt. They must have really had this poor guy facing certain destruction.

So a felony conviction means Malkowski is now a prohibited person. Tell me how that makes the public any safer. [UPDATE: That may not be the case. See "John Dough" comment.]

The ambitious Deirdre M. Daly really sounds like she feeds by biting off heads. Recall the DOJ's role in Fast and Furious and how no one faced so much as a minor misdemeanor charge after all those deaths, any then look at the crap she spews about not tolerating "sloppiness."

Disturb a Rock, Lose Your Car

In the Omnibus Public Land Management Act of 2009, which passed the Senate (S. 22) in January and is up for a vote in the House as early as this Wednesday, a “forfeiture” provision would let the government confiscate “all vehicles and equipment of any person” who disturbs a rock or a bone from federal land that meets the bill’s broad definition of “paleontological resource.” The seizures could take place even before a person and even if the person didn’t know they were taking or digging up a “paleontological resource.” And the bill specifically allows the “transfer of seized resources” to “federal or non-federal” institutions, giving the government and some private actors great incentive to egg on the takings. [More]

Yep, there it is on pg. 487...

From the government established to secure the Blessings of Liberty...

The good thing is, the wider they cast the net, the more people they catch and anger.

The bad thing is, most of them just won't make the right connections.

I can at least think of one fictional way to give rocks back.