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Posted on 08/16/2008 7:42:41 AM PDT by B4Ranch
"It's extremely irresponsible and most likely actionable negligence," Charlotte, North Carolina, attorney Monroe Whitesides tells me.
The Board Certified Specialist in Criminal Law is talking about BATFE's treatment of competition shooter John Glover, who had seven firearms seized and was indicted for manufacturing an illegal machinegun. If convicted, Glover was in danger of federal prison.
As part of his investigation, Whitesides accompanied firearms expert Len Savage, of Historic Arms LLC, to the Cabarrus County Sheriff's firing range. There, BATFE Agent Michael Cooney, who wrote the report declaring one of the seized rifles fired "automatically," set out to prove it on videotape.
The problem was, the FN-FAL wouldn't cooperate. Out of 12 taped tests, Cooney achieved a "string fire" of three-round bursts in only two.
What was happening, Savage explains, was "a malfunction. The cause was a worn firing pin retainer, and a broken firing pin spring. The firing pin could fly forward under its own inertia, because the spring that held it back was broken, and impact the primer just by chambering a round."
Whitesides recalls Savage advising him and others present to move back when Cooney continued firing.
"I did warn everyone back after the first light strike," Savage confirms. "It was very dangerous to continue. If it ever ignited the cartridge before the bolt fully locked in position, it would have been a catastrophic failure."
Not to be deterred, the increasingly defensive Cooney proceeded, oblivious to the danger. His theory, Savage continues, was "that the locking plate in the lower receiver--that was missing metal--allowed the hammer to travel further forward than is normal."
"The truth is, when assembled as a complete firearm, the hammer can never go any further forward than the bolt carrier assembly. It collides with it."
"Len told me," Whitesides reveals, "that the access locking plate had as much to do with firing automatic as the sight on the end of the barrel. Cooney's not a technician, he's an enforcement officer."
Cooney admitted that he had never even disassembled and inspected the rifle, but had written his report based on test-firing the weapon. Savage then disassembled it on camera, displaying the broken parts, as the BATFE agent fell silent, looking increasingly embarrassed.
As he should. He almost destroyed a man's life, and he didn't even know what he was doing.
"The prosecutor dropped all charges when I filed motions that would have shown a Federal Judge the tape and the real reasons for the multiple firings" Whitesides says.
"The video has opened some eyes to the treachery of the enforcement of the laws that make police state activities 'legal,'" Aaron Zelman of Jews for the Preservation of Firearms Ownership adds.
Zelman has produced copies of the video, titled BATFE Fails" the Test, to help educate gun owners about a danger we all could face: Own a malfunctioning weapon, go to prison. Glover had to mortgage his house, and BATFE has, at this writing, still not returned his confiscated property.
To obtain a copy of BATFE Fails the Test, visit www.jpfo.org.>
http://www.gunsmagazine.com/
Gunmaker to feds: Give me my firearm!
Len Savage, better known to us FReepers as Historic Arms LLC. If you have any further questions, just FReep mail him.
“Evil only needs good men to do nothing in order to succeed” Len, choose to do something. Maybe we can too?
Previous stories on the situation.
Gunmaker to feds: Make my day!
Gun expert claims feds punishing him
Owner of broken rifle surrenders for 30-month sentence
30 months in jail for broken gun
Drill instructor convicted after rifle jams
http://www.gunsmagazine.com/
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Be Ever Vigilant!!
If you want to be safe, limit yourself to a 5 shot revolver, single shot 28 inch shotgun, stock bolt action ‘06 (no sniper looks, non- milspec) and a single shot .22 rifle.
I hope that was sarcasm...
I think that would fall into the “All the guns you need, but not nearly all the guns you want” category :)
I don’t use the “Nazi” label casually or often. It is too inflammatory and common use makes it lose its punch. But the BATF’s continual practice of prosecuting honest and generally law abiding gun dealers and gun owners, and putting those gun dealers out of business and putting those gun owners behind bars, reeks of Nazi mindset and tactics to me.
I say “generally law abiding” because the gun laws have become so petty and sinister, it is very easy to inadvertently violate them without any criminal intent. If a gun dealer allows a customer to mis-spell the name of the county he lives in on the form 4473 during a gun purchase, bingo! the dealer has broken a law. How much more petty and non criminal can it get.
Baby Bush screwed over all conservatives when he left Clinton’s cronies in charge of the BATF. And the thing is, Baby Bush don’t care.
No doubt it was. But if it were up to certain politicians you would go to jail for owning a sling shot.
Nonsense. Gun statutes, regulations, ordinances, and other rules have become petty and sinister, if not downright evil in some cases. Per Article VI, however, unconstitutional rules are illegitimate and thus should not be regarded as law. It is true that people who violate the illegitimate rules will be punished by agents of an illegitimate government, but that still does not mean they should be granted the legitimacy implied by the term "law".
Joe, it is early yet .............
About five or six years ago I went to the Las Vegas Shot Show. As I was wheeling around checking out all the new products, I came upon the Assistant Director of the BATF speaking to a small crowd in one of the hallways. I didn’t know him but I could hear what he was saying. He was bragging about how effective the agents were at “dynamic entries”. Being me and unable to restrain myself, I said, “When are you going to teach them to enter the at correct address?”
You would have thought I set off a grenade. Everyones head snapped around to see who would have the stones to speak so bluntly to a federal employee. He mumbled half a sentence about mistakes happen now and then and rapidly walked away.
For the rest of the day strangers were coming over and saying thank you. I imagine that I got a couple more lines added into my file that day.
Although it's a work of fiction, I think Atlas Shrugged sums it up quite nicely:
"Did you really think that we want those laws to be observed?", said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against -- then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power that any government has is to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted -- and you create a nation of law-breakers -- and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
Thanks for the excerpt. I have yet to read it. But it does ring true and seems to be the master plan modern bureaucrats are working from.
I think it is better to call them Bat F***ers.
Sounds like a DVD I want. But not just yet.
I’ll add a “thank you” myself. He had it coming. Like I said, I don’t like to overuse the “nazi” word, but if the shoe fits...
***I imagine that I got a couple more lines added into my file that day.***
Just posting on here and saying the things we do, we all have some nice files with them.
I’ll be right beside you.
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