Posted on 04/29/2005 5:23:31 PM PDT by P_A_I
Calaveras County Safe Again
By Jeff Knox (Manassas, VA, April 27)
The people of Calaveras County – the remote central California mining region made famous by the gold rush of 1849 and the jumping frogs of Mark Twain – can breath easier now that Richard Wilmshurst has been brought to justice. Wilmshurst was convicted last month of illegal possession of a machinegun and illegal possession of "Assault Weapons" in California. The judge sentenced Wilmshurst to three years probation and ordered that he dispose of his "arsenal". Wilmshurst, by the way, is a car dealer and land speculator with a law degree, a federal firearms import license, and a class 3 license. This could be the Second Amendment case we've been waiting for or it could be another case of a white-hat taking a fall because white-hats are easier targets than black-hats.
Wilmshurst's troubles began in January of 2003 when an ATF agent performing a routine inspection of his import inventory mentioned that a couple of the guns were not legal for Californians to own. Wilmshurst wasn't worried; the guns were within the umbrella of his import business and were intended for distribution outside the state of California for sale to law enforcement.
In February, officers from the California Department of Justice Firearms Enforcement Division, using information obtained from ATF, staged raids on Wilmshurst's home and Angel Camp car dealership. The raids were conducted in full "storm-trooper" fashion with black "ninja" suits, heavy body armor, and true assault weapons. This being "people friendly" California, the assault force included a medic to monitor 69-year old, stroke survivor, Wilmshurst's blood pressure as they dumped the contents of his safe and confiscated every gun he or his businesses owned.
Even though it is a violation of federal law for information obtained from records generated in compliance with import license regulations to be used directly or indirectly as evidence against the licensee, the judge refused to hear arguments that the warrants were illegal and that all evidence seized was inadmissible. Instead, he barred any mention of federal law in the courtroom and instructed the jury that if the prosecutor proved that Wilmshurst was in possession of the firearms in question (something that Wilmshurst never denied), that the jury must return a guilty verdict.
The guilty verdict was summarily returned and last week, Wilmshurst was sentenced to three years probation and, as a convicted felon, ordered to dispose of all of his firearms.
The judge in the case – who happens to be the same judge that ruled against Wilmshurst in a property case currently on appeal – expressed dismay that Wilmshurst is showing no remorse for his crimes… Wilmshurst is planning to appeal the conviction and has filed suit against the Attorney General of California for violating federal law in conducting the raid and for violating Wilmshurst's civil rights under the Second Amendment.
The Firearms Coalition is bringing the Wilmshurst case to the attention of Second Amendment scholars and firearms civil rights organizations in hopes of generating "friend of the court" briefs and perhaps getting Mr. Wilmshurst the specialized legal assistance this case clearly deserves.
We will keep you posted as the case develops. In the meantime, let this be a reminder: Your white hat is no defense against aggressive police, prosecutors, and judges. There are many things that Richard Wilmshurst would rather be doing with his time, money and midnight oil. Cross your T's and dot your i's…
Yours for the Second Amendment,
Jeff
Jeff Knox Director of Operations The Firearms Coalition
Idaho? PLEASE stay on your toes....and inform your friends. I read (heard?) somewhere, that that state has become a hot place for the Hollywood crowd. They're buying land up there is what I heard.
Ya know what comes with them.....their liberal ideas.
http://www.firearmscoalition.org/
I also should have included Neal and Jay's daughters Shan and Stacey as well as their sons Chris and Jeff.
Speaking of shooting. Someone is shooting outside (11:41PM here) but not some little popgun like a .50 BMG. Sounds like either tank or artillery fire. Since I'm only a few miles from some of the ranges at Ft. Hood, it could be either and my Air Force ear isn't yet tuned to Army well enough to tell the difference.
Kewl......Thanks !
We already have slime like Kerry and Soros hanging out around Sun Valley. The lefties inhabit Boise and Nampa. It is blue territory. The rest of the state is very conservative.
Everyone on my cul-de-sac is from Calfornia except my next door neighbor. We are all very conservative. The native Idahoan next door acts more like an ill behaved Californian. He owns a real estate marketing company called "HomeSeekers".
FRmail.
They turned in a federally licensed dealer, with an import license, a "regular" federal firearms license, and a Class III dealer's license (license to sell, and thus buy from suppliers, machine guns) to state authorities, in violation of federal law. This where there was no violation of federal laws or regulations that the BATFE is supposed to be enforcing.
So yes indeed, they are "at it again" or more properly "still at it".
Nope, BATFE turned them in to the state authorities. It's too bad they didn't do what you say, because class 3 licenses are *tax* records, subject to federal privacy laws.
You weren't around in 1986? The Firearms Owners Protection act killed many of the provisions of the '68 Gun Control Act. The ban on interstate sale of ammunition for instance, and the requirement to show ID and "sign the book" at the retail outlet when buying handgun ammunition, including .22 long rifle. (and .22 short!). The bill also provided protection for those transporting firearms from one jurisdiction to another, through a third jurisdiction where otherwise possession would be illegal.
Sadly a last minute amendment also banned manufacture or import of new machine guns for the civilian market.
They take an old case, no longer "good law", with respect to other BoR protections at least, and pretend that the 14th amendment did not apply the 2nd to state governments.
Of course some pre 14th amendment judges, (see Nunn v. State, 1 Kelly 243 (Ga. 1846) from the Georgia Supreme Court and some early commentators on the second amendment argued that unlike the first, which says "Congress shall make no law", the second applied to the states all along.
William Rawle, authored "A View of the Constitution of the United States of America" (1829). His work was adopted as a constitutional law textbook at West Point and other institutions. In Chapter 10 he describes the scope of the Second Amendment's right to keep and bear arms:
The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.
This is an official reply, you are free to count it along with the other replies above.
Right know I’m reading:
Broken
The Troubled Past and Uncertain Future of the FBI
Richard Gid Powers
2004
From the book:
In 1933 when it was decided to merge several bureaus. Hover did not want the 1200 “Dry Agents” from the Prohibition Bureau. Because they were hopelessly corrupt. And Hover did not want them corrupting or tarnishing his special agents.
So Hover setup a new Alcoholic Beverage Unit. To keep the Dry Agents from contaminating his men.
Guess what there called now.
Actually the 9th circuit had a ruling that said the 34 NFA shouldn't apply to home made machine guns because there is no interstate commerce angle, and therefore no grounds for federal involvement.
Occassionally they get one right.
good mornioning, meekie!
Morning! :)And since this IS a Calaveras thread:
well, as Mr. Twain might say:
"There is nothing wrong with the BATFE... except for the agents"
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