Posted on 03/16/2007 9:50:21 AM PDT by kiriath_jearim
TWIN FALLS - Red's Trading Post, one of Idaho's oldest gun shops, can trade no longer.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives has revoked the business's license to buy, trade or obtain guns after an ATF audit found Red's employees sold guns improperly numerous times between 1999 and 2004.
Red's manager, Ryan Horsley, admits when the business sold guns it sometimes left blank required parts of a gun purchase form, omitted a background check on a special order, failed to log multiple handgun sales to the same customer in five working days, did not keep track of guns returned to manufacturers, threw away denied applications dealers are required to keep for 20 years and failed to post a gun safety sign and pamphlets.
The ATF revoked Red's license March 5, shutting down 90 percent of the income that has sustained the store through three generations of Horsleys.
"They are taking very minor things and blowing them out of proportion," said Terry Horsley, the shop's owner and Ryan's mother.
The shop, at 215 Shoshone St. South, can sell the 1,000 guns remaining in its inventory, and can continue selling gun accessories and ammunition.
But accessories account for only 10 percent of its revenue.
"I'm just sitting here going, 'What am I going to do?,'" Ryan Horsley said.
The five-year audit found violations over a period in which 10,000 guns were sold, Horsley said.
"Mistakes happen. Stuff happens," Horsley said. "I think it's unreal expecting to have 100 percent non errors."
The bad news, which comes on the heels of record profits, could now close the store, Terry Horsley said.
Red's has paid $20,000 in legal fees protesting the ATF's decision. On Feb. 23, Red's legal team filed a petition in federal court in Boise.
The judicial review will consider, among other things, whether Red's "willfully" violated the law.
"'Not willful' is one of their petitions," said Deborah Ferguson, assistant U.S. attorney, representing the ATF's industry operations. "'Willful has been defined by case law. I would expect the court to look at that legal authority."
Case law defines "willful," an essential component of the allegations, as "they knew of the regulations and did not abide by them," Ferguson said.
Ryan Horsley said Red's was found responsible of several violations in an earlier audit.
But he said the infractions are petty and do not justify a revoked license.
"There's no missing guns," he said. "There are errors but everyone has errors."
Walt Sinclair, a Boise co-counsel for Red's, said the errors were clerical, not intentional.
He said it's not the first time the ATF has revoked the license of a Twin Falls gun dealership.
"Blue Lakes Sporting Goods lost its license," Sinclair said. "They had been there forever. It was a family business. It was a real success story, but this type of petty, technical noncompliance caused them to end up going out of business."
The ATF has 60 days from Feb. 23 to respond Red's petition.
The ATF Seattle Field Office spokeswoman declined to comment on Red's case until after judicial review.
"If the individuals reapply, the facts from the revocation would be considered for any future licenses," said spokeswoman Julianne Marshall. "Industry Operations will consider their application. However, they have an interest for public safety. This license was revoked for a reason."
A judge may still overturn ATF's decision.
You havent been on the wrong end of the IRS have you? ;0)
For many reasons, that I'd rather not go over, it looks more like a sloppy op. It looks like the background check box was not filled in, because the paperwork was set aside and forgotten, after the special order was made. When it eventually arrived, they probably overlooked it, and assumed it was done. That means he probably didn't have an organized ringbinder system, or the equivalent. I think the willful argument in fed court will focus on the warning given at the first audit, and his failure to clean up his act.
Per Red's statement in post 74 the error rate was "less than" 1%, so you're probably talking close to 100 errors. As I noted in the last post if the paperwork is that onerous, 3.4 per day for Red as you note, the BATF would be happy to keep the records for us all.
Not at all. I don't pay any taxes.
6-7 errors out of 10000? Doesn't sound sloppy to me. If government kept track of our tax money like that, we'd be a lot better off...
Care to let me in on how that works?
The Bureau of Immigration and Naturalization disregards large chunks of law regarding illegal aliens.
It's a shame you don't hold government bureaucracies to the same standard you hold ordinary citizens.
I don't make any money.
I'm sure you're right. If any of those omissions were used in crime, the BATF would be shouting it from the rooftops. And 8 or 9 transactions a year isn't indicative of black market transactions, not to mention there wouldn't be any paperwork at all. Hopefully he won't be put out of business over this.
Its such a simple thing!
Why didnt I think of that?
"Surely you know better than THAT!
This amounts to making sure there's a piece of paper for every transfer, and making sure the paper is filled out everywhere. The volume is 3.4 items/day. That's not difficult at all.
Funny, but you went all high-and mighty as "language sheriff", when YOU were the first one to allude in abbreviated form to fornication!
But considering your sympathies on the issue, why should we be surprised that you are a petty martinaet?
I took umberage with being personaly attacked
I assume you have never dealt with any form of statistics, especially with respect to statistical controls?
Oh and "effed up" means "fouled up" ;0)
In the early '90s the IRS sent me a letter asking me not to file any more 1040's. The unspoken message was "quit wasting our time and money processing this paperwork for which we never collect a dime from you." So I have an official letter from the IRS requesting me to not file tax forms. I should find that and frame it or something. lol
I'd be mighty pleased over a letter like that!
Right. It's an old family business. I think he should get some consultation, take a course, and present the judge with his new system of organization, indicating Oscar Madison is longer his mentor, and he's truely reformed. Being the court's in Idaho, and the judge probably grew up there, I think there's a good chance he'll get his license back.
I was just following the law. If you filed last year you have to file this year and if you earn anything you have to file. There's nothing on the form saying you don't have to file if you didn't earn enough to pay taxes. I've been chuckling about it ever since.
Aparently thats were I made my fatal mistake
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