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To: P_A_I
Make a note of this, it was state "ninjas" that conducted this raid, not federal:
In February, officers from the California Department of Justice Firearms Enforcement Division ... staged raids on Wilmshurst's home and Angel Camp car dealership.
Just wanted to make that clear ...
17 posted on 04/29/2005 6:18:24 PM PDT by _Jim (<--- Ann C. and Rush L. speak on gutless Liberals (RealAudio files))
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To: _Jim; robertpaulsen

Make note; -- "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."

Of course, to some misguided FReepers here, -- Wilmshurst has no 2nd Amendment rights in California.


25 posted on 04/29/2005 6:34:44 PM PDT by P_A_I
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To: _Jim

"officers from the Calif Dept of Justice Firearms Enforcement Division staged raids..."This puts a new twist in this incident.In some instances the federal gov can prosecute(in federal court)and use evidence obtained by the state(ie Cal)even if the warrant is erroneous.As long as it was issued and served(by State law enforcement)in good faith.Sounds like double jeapordy,doesn't it?That may be why the judge stated no reference to the flawed warrant.But,if this case was tried in state court and not Federal court?I'm not an attorney,but that could be an important fact.


41 posted on 04/29/2005 7:18:59 PM PDT by thombo
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To: _Jim
"when the ATF agent saw Wilmshurst's weapons cache — which included machine guns and high-powered rifles — she notified the state of her findings."

Just to make it clear it was a ratfink BATFAG who notified the California Department of Justice Firearms Enforcement Division of this 'violation'.

Another case of FedGoons trampling on an honest citizen.

I suppose he's lucky that it was the California authorities who raided him. If it actually was an F-Troop operation they would have shot his dog, stomped his cat to death, shoved his pregnant wife against a wall so that she miscarried, lied to the FBI and the Army, left the search and arrest warrants 'at the office', and then shot him to death when he answered the door all the time claiming their valiant officers were in fear for their worthless lives.

Oh yea, the Feds had nothing to do with this....

I hope that b**** of an ATF agent gets run over by a bus...

L

52 posted on 04/29/2005 8:51:47 PM PDT by Lurker (Remember the Beirut Bombing; 243 dead Marines. The House of Assad and Hezbollah did it..)
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To: _Jim
What I don't understand is why the ATF agent reported her finding to the State of California. I would suspect that every federally licensed firearms importer is in violation of state law, no matter the state.

I have a sneaky feeling that he was showing off his personal stash to her (ie., not intended for resale). That, of course, would be a violation.

88 posted on 04/30/2005 6:55:28 AM PDT by robertpaulsen
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To: _Jim

The funny (not funny, in a "ha-ha" sense) thing is that this guy is a dealer and sells to LE (although the article mentioned that it was for out-of-state sales).

It sort of reminds me of CA state officials who were lobbying for the banning of .50BMG rifles, while some CA law enforcement agency (the same one doing the lobbying) had a Barrett .50 in for service. Ronnie Barrett pretty much said that they'd get their rifle back when monkeys flew out of his butt!

Mark


196 posted on 05/01/2005 6:49:23 PM PDT by MarkL (I've got a fever, and the only prescription is MORE COWBELL!!!)
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