Posted on 09/06/2023 6:57:40 AM PDT by MtnClimber
Oklahoma state Rep. Justin Humphrey (R-Lane) sent a letter to the Oklahoma Attorney General, the Sheriff of Pushmataha County, Oklahoma Governor Kevin Stitt and “All Oklahoma judicial authorities and other law enforcement entities,” requesting an investigation into ATF’s SWAT team raid at the home of his constituent, Russell Fincher.
According to a press release, Humphrey said he was contacted by Fincher after a dozen ATF SWAT team members bearing “automatic weapons” raided Fincher’s home, handcuffed him on his porch in front of his 13-year-old son and coerced him into relinquishing his Federal Firearm License.
“If this report is true, and I have every reason to believe it is, then it would appear the ATF’s actions constitute a gross misuse and abuse of their federal police powers,” Humphrey said in the press release.
Fincher’s ordeal was chronicled in a story published in July. The 52-year-old is a high school teacher, a Baptist pastor and a parttime gun dealer.
“Mr. Fincher is a distinguished figure in our community, serving both as pastor and schoolteacher in the small community of Clayton, Oklahoma. He is known as a respected member of the community, and I have every reason to believe his account. If proven true, the actions of the ATF agents could be seen as a severe misuse and abuse of their federal law enforcement authority,” Humphrey wrote in the letter to the AG, Governor and Sheriff.
“Mr. Fincher claimed that the intent of the raid was evidently to coerce him into terminating his license. He said agents pressured him to declare that he was willingly signing the three prepared termination papers. He explained that he felt coerced due to the armed agents and the threatening environment. He likened the agents’ actions to extortion rather than a proper law enforcement search. One agent reportedly warned, ‘Tell your firearms buddies we are coming after them.’ If true, this statement appears to be an unlawful threat by the agent.”
Humphrey, who chairs Oklahoma’s Criminal Justice and Corrections Committee, believes the ATF violated Fincher’s Second and Fourth Amendment rights.
The raid on Fincher’s home was led by ATF Special Agent Theodore Mongell.
“You’re done. We have to shut you down,” Fincher recalled Mongell saying during the raid. “You tell all your FFL buddies we are coming for them. We are shutting the gun shows down.”.....,
“They cleared the home. ...
To clear a home you have to be INSIDE the home and have done a room to room search. Is that clear to you now. So they were INSIDE HIS HOME.
That was after they called him outside.
“They called me out onto my deck”
“You do not have to speak with them at all. Nothing says you do. You can bring them the records they request out to the street in absolute silence.”
I think it would be good advice to say that one should ask for their ID’s and tell them your intentions. They might misinterpret your actions.
“That STILL does not mean that you need to let them into your house.”
Obviously you do not have an FFL and you should refrain from giving bad legal advice.
“That STILL does not mean that you need to let them into your house.”
——————ATF.GOV——————
f a licensee refuses to comply by not letting the IOI enter the business premises or inspect their inventory and records, this is considered a willful violation of the GCA
“That STILL does not mean that you need to let them into your house.’
Wrong
——————ATF.GOV-—————
During an inspection, the IOI will conduct the following activities (not necessarily in this order):
Review business operations, including ownership and responsible person information
Evaluate the licensee’s internal controls and security measures
Verify that licensee is in compliance with state and local laws
Conduct a complete physical inventory of firearms
Review the acquisition & disposition (A&D) record, also known as the bound book
Review all ATF forms, including Forms 4473
Suggest voluntary actions or steps the licensee can take to improve compliance
Did you miss my #44 and #45?
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