Posted on 10/07/2015 12:01:06 PM PDT by don-o
Brownsville, TX – U.S. District Judge Andrew Hanen found former Cossacks Motorcycle Club Sergeant at Arms KC Massey of the III% Militia guilty yesterday, September 30, of being a felon in possession of a firearm.
It is a highly politicized and closely watched development in border disputes between the Obama Administration and certain states in deep conflict with current federal enforcement methods regarding illegal immigration.
For several months, he and other volunteer militiamen patrolled a brushy area of the Rio Grande in the Southmost neighborhood of this city located outside the border fence near the airport. It is a stretch of river ox-bows heavily trafficked by drug, money laundering and human trafficking smugglers.
Operating out of a headquarters at a tiny 21-acre riverside farm owned by Rusty Monsees, Massey and his band of at most a half dozen armed men tagged “Rusty’s Rangers” were on patrol at the Sabal Palms Sanctuary, a historic plantation operated by the Audobon Society as a bird preserve, when Border Patrol Agents at first gave their permission to escort them in their efforts to stop a mass crossing of illegal immigrants.
When John Foerster, a much younger man with long, flowing shoulder-length hair whose street name is “Jesus,” stepped out of the brush bearing an AK-47 clone rifle, he startled an agent who shot five rounds in his direction. Sheriff’s Officers were summoned, and when they said they could find no violation of the law because the men were on private property at the invitation of the caretaker, FBI and ATF agents conducted an investigation and learned that Massey had served time for burglary 28 years previously. Foerster has a record of burglary conviction much more recent. He elected to enter a plea of guilty.
Though Massey is not guilty of any offense against Texas law, the government decided to prosecute him as a felon under a statute of the U.S. Code that could net a 10-year prison sentence.
The argument of the Assistant U.S. Attorney is that the weapons he furnished to his men had been transported from outside state boundaries in international and interstate commerce, and thus a key element of the crime for which he was indicted involves the element of importing firearms to a state.
Massey and his attorney Louis Sirola decided to test that area of the law, and elected to stand a bench trial before Judge Hanen, a Baylor Law valedictorian and hard line conservative appointed by President George W. Bush.
He is the only judge out of all who are hearing suits brought by 28 states to enter an order staying the Obama Administration’s Executive Order that will allow emigration by aliens without legal status as political refugees and distressed children. Those cases are pending a government appeal of a ruling in the United States Fifth Circuit of Appeals at New Orleans that upheld Hanen’s order.
Observers who attended the trial said that Judge Hanen appeared somewhat apologetic when Massey confronted him about “You guys ___ing me up.” He explained that under the doctrine of stare decisis, which dictates that previous decisions in cases of the same circumstance hold precedent, he must follow the letter of the law in his finding of guilt, but that an appeals court would be authorized to take up his argument that the law as applied represents a misinterpretation by federal agents and prosecutors.
This is one of the arguments for building your own firearms. Granted you can not legally transfer (sell) the firearm, but it does remove any of the federal controls as long as the firearm does not cross state lines.
How so? Federal law says felons cannot be in possession of a firearm - doesn’t ask where it came from.
Those two guys made it easy for the feds - they *ARE* convicted felons, and if they want to own a firearm, they need to petition the courts for a restoration of rights.
The title says that he is a Border “soldier”. He appears to be a member of some self named militia group and therefore is not a soldier.
28 years after a burglary, he is still a convicted felon and not allowed to own a firearm. Absent other offenses, that is extreme. But soon, many other circumstances will warrant denial of firearm ownership. For example, notation of PTSD in someone’s VA health records. Certainly the war on gun owners is in high gear by the Feds.
“a felon in possession of a firearm”
How is this possible?????
So many posters around here claim these guys are just a bunch of law abiding citizens who wouldn’t hurt a fly!!!
Makes sense now why a certain poster around here has been defending the Waco gangsters, if you read this article...
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>> “How so? Federal law says felons cannot be in possession of a firearm - doesn’t ask where it came from.” <<
Congress cannot enact laws WRT firearms.
The second amendment clearly states that the right to own and bear arms “shall not be infringed.”
Who could argue that a ban on ownership or possession is not an infringement?
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>> “He appears to be a member of some self named militia group and therefore is not a soldier.” <<
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By whose definition?
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Per 10 U.S. Code § 311, the militia consists of all able-bodied males between 17-64, in both organized (National Guard) and non-organized capacities.
Although he is not a soldier in the sense of the word that is typically used today, the law remains as stated above.
Militia were never styled soldiers until mustered into service by some authority, County Committee of Safety, State/Colonial government, or much later, Federal government. As you pointed out, all able bodied males constitute the militia, but they were not called soldiers until mustered and read the Militia Act. Its important in this case because these guys have every right to call themselves militia, but not to call themselves soldiers and they have no special authority except as citizens.
Name names.
Why?
Tattle telling to bring in the trolls? You couldn’t merely comment and be done with it. You’ve shown your colors. That’s not just low class but no class.
Pinging someone to a topic they are interested in is “tattle telling”???
What are you, five years old?
Because you are accusing someone of supporting gangsters. Be man enough to name names. (Do keep the fate of the late Crystal Palace East in mind.)
The calumny you are resurrecting had pretty much died down. Now you are starting up with it again.
They did the investigation on him to cover the ineptitude of the agent who fired the shots.
It was stupid of him to be violating Federal law, but he gave them the hook to hang him with.
This should have been about an agent firing without justification; instead it is now about a felon in possession of a firearm.
Texas Law allows felons to possess firearms five years after release from confinement, mandatory supervision, community supervision, or parole.
There should not be any such federal law, but there we are.
This clearly is both a Second Amendment and a 10th Amendment issue.
It is framed as a commerce clause issue to get around the above amendmnets.
And what do you suppose would happen if either of these fellows went to an FFL dealer, attempted to purchase a rifle, and filled out the 4473 honestly?
“Because you are accusing someone of supporting gangsters.”
Ha! I’ve been accused of much worse by your buddies on these threads, so your selective outrage is simply humorous at this point.
“Do keep the fate of the late Crystal Palace East in mind”
You’re not a mod, so keep your veiled threats to yourself. I won’t be bullied.
All my buddies have the common decency to come at folks head on. Not twitter like little girls.
“Veiled threats”? Not at all. Calling a FReeper a gangster supporter is right up there (actually down there) with calling one a Russian troll.
fwiw and imo
Federal authority comes from the interstate commerce clause. They assert that a firearm at one point in it’s “life” traversed interstate boundaries thus they have legal authority. If the firearm NEVER crossed state boundaries, there is no authority for the feds.
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