BATF Victim Gets Hundreds of His Guns Back

Keepandbeararms.com ^ | March 27, 2002 | Angel Shamaya

[Mulder]

BATF Victim Gets Hundreds of His Guns Back

And Now for the Civil Lawsuit...

by Angel Shamaya
Founder/Executive Director
KeepAndBearArms.com

March 27, 2002

KeepAndBearArms.com — In November of 2000, we reported that:

"On October 25, 2000, The Bureau of Alcohol, Tobacco and Firearms sent approximately 30 federal and local agents in stormtrooper attire to confiscate firearms from a dealer who, according to what they told him, 'did not have his papers in order.'"

Arizona gun dealer Jerry Michel — formerly of Jerry's Guns & Ammo d.b.a. Specialty Firearms, no longer in business due to BATF assault, harassment and theft — has had all but a handful of hundreds of guns returned to him.

And he was never charged.

The federal machinegun-wielding, machinegun-ban-enforcing thieves known as BATF had the stolen property in their evidence room for well over a year, too.

To say that the BATF has egg on its face is an understatement. According to Mr. Michel's attorney, Dave T. Hardy, "the fact that BATF has caved in should speak for itself — they simply didn't have a case."

Mr. Hardy wrote The Firearm Owners' Protection Act: A Historical and Legal Perspective, 17 CUMB. L. REV. 585 (1986) — a 519-footnote law review article on federal firearms laws, which has been cited by the U.S. Supreme Court and by eleven of the thirteen U.S. Courts of Appeals. He was also an active participant in exposing BATF's unscrupulous practices during the Congressional hearings of the early 80's. And BATF's ineptitude is once again out in broad daylight, thanks to Dave T. Hardy's able assistance. According to Hardy, the BATF attempted to claim ownership over some of Michel's guns by saying they'd been reported stolen. When the Tucson-based attorney requested NCIC records on those guns to challenge the feds' assertions, at least two pieces of information surfaced that show BATF's overly ambitious "Special" agents to not only be liars, but complete bumbling idiots:

1)  One of the weapons the BATF alleged to be stolen was registered to Jerry Michel. Laughing while he relayed this piece of information, Mr. Hardy said, "I guess the BATF thought Jerry stole the gun from himself."

2)  Another of the guns the BATF alleged to be stolen was allegedly stolen in Philadelphia while it was in the BATF evidence room in Arizona. "The theft report was dated after the BATF's raid" on the innocent gun dealer, said Mr. Hardy. (NOTE: That may have been possible if a rogue BATF agent was peddling "evidence" in Pennsylvania — and they sure had the guns long enough to sell them and steal them back from their unsuspecting buyer.)

Aren't you glad BATF's budget was raised to an all-time high of $767 Million during Clinton's last year in office? That's some fancy police work!

Mr. Hardy also said that there is some discrepancy in the list of what BATF claims they returned and what they actually returned. According to Hardy, Mr. Michel says at least a couple of the allegedly returned guns are nowhere to be found.  (NOTE TO BATF: Check with your agents in Philadelphia.)

When haggling with the BATF's thieves, Hardy said the negotiation "got down to two guns that were allegedly stolen over 25 years ago. There were no records of the thefts, but we just let those go."

A few of Jerry Michel's guns weren't returned to Mr. Michel because he held them on consignment for his customers. The BATF claims to have withheld them from Michel in order to return them to their rightful owners. And we can trust them to follow through on that.

 

CONDITION OF RETURNED GUNS

We also reported in November 2000 that BATF's thieves handled Mr. Michel's guns roughly while stealing them:

"They were throwing vintage collector's items in mint condition through the air and into a trashcan 10 feet away," said Jerry Michel, licensed gun dealer, after being assaulted and pillaged by the ATF. "I felt like I was going to throw up."

BATF Victim Michel says he has videos of the returned stolen property and suggests that there is plenty of damage to them.

 

CIVIL SUIT PENDING

When the Bureau of Alcohol, Tobacco and Firearms kicks your door in and points a gun in your face, it's their word against yours, and their word is backed up by brute force that can stomp you into mush if they are so inclined. I'd suggest that you confirm that fact with KeepAndBearArms.com Member Charlie Puckett, but he's unavailable after being railroaded by BATF's illegal enforcement of an ex-post-facto and thus unConstitutional law — with a $5,000 BATF bounty on his head, paid for by your tax dollars. (Anyone who says we shouldn't claim Charlie Puckett as a member of our organization can unclaim us at any time — his dues are paid and current, by him, and he's another in a long line of BATF VICTIMS.) You can write Bob Stewart and ask him how honest the BATF is, too, if you like — he's sitting in federal prison in Florence, Arizona while his customer list is being used by BATF to harass innocent people, and we are urging those potential BATF victims to be careful. Or we can wait until next month for their next victim to disappear, go to jail or die.

Or we can go on the offensive with a winnable case such as this one, and expose the BATF for what it truly is.

The BATF is long overdue for dismantling.

When asked if Jerry Michel has a viable, winnable case for a civil lawsuit against the BATF, Mr. Hardy responded with an enthusiastic "YES!"

So how does one go about determining the monetary value to place on such a dereliction of justice as has rained down on Jerry Michel? The Mesa, Arizona resident was put out of business by BATF — that's what happens when a gun dealer's entire inventory and livelihood are stolen by armed Anti-Second Amendment forces. He lost his livelihood for well over a year. His health took a hit under the stress of it all. And he suffered vicious character assassination attempts from not only a few gun owners but from "pro gun" police officers who declared him guilty until proven innocent, too.

What's it worth to the BATF to put this mess behind them? Hopefully, we will get to find out.

Dave Hardy has referred Mr. Michel to a trusted legal team in Phoenix. Mr. Hardy said a civil suit of this kind will require many appearances, and he lives two hours away — too far to be on hand with the required frequency, but he said he'd advise as needed.

Many gun owners would love to see the BATF pay out the nose for abusing an innocent gun owner. Even though the BATF can get more money out of everybody's back pocket including your own, their losing a case like this can help move us one step closer to exposing their entire organization. To help make it happen, we are offering to throw some money in the hat to hire Mr. Hardy's recommended legal team. Jerry Michel knows we are with him all the way on this case, and we've offered to help him raise funds for legal action. As soon as he confirms his intent by establishing the legal relationship and the lawsuit is on, you'll hear about it on KeepAndBearArms.com.

 

[Mulder]

bang

[donozark]

I recall this case being posted here shortly after it happened. I especially recall the mistreatment of the weapons involved. Those responsible should pay. And not with tax payer money...

[Wonder Warthog]

David Hardy rules!!!! I am sure that the anti-gunners and BATF stormtroopers have nightmares about him "getting on their case".

[Jolly Rodgers]

And yet we have people right here on the forum spouting: "What have you got to fear if you've got nothing to hide?" every time the government passes another infringement on our rights.

Well, here is a PRIME example of what we have to fear!

[jadimov]

...Those responsible should pay. And not with tax payer money...

How can we make them pay personally? Is that possible? Are there any legal precedents? I'm all for it if it's possible to do. What a great way put the "servant" back in public servant. If there is no precedent, this would be a great case with which to start one.

[basil]

Hi, Mulder!

I am convinced that Angel Shamaya and RBKA had a lot to do with getting this thing turned around. When you keep the light shinning on something, people will have a chance to see it. When enough people see it, the Feds begin to squirm.

[Excuse_My_Bellicosity]

Hell yes, they should pay. The members of the BATF should pay through loss of their jobs and forfeiture of their retirements. What a bunch of thugs.

[jadimov]

From where in the Constitution does Congress derive the power to regulate firearms (or alcohol or tobacco for that matter)? The only time arms are mentioned, is the amendment forbidding the government from doing exactly what BATF is now doing. I bet King George is laughing in his grave while President George rolls over in his.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

[Mulder]

Well, here is a PRIME example of what we have to fear!

Michel should consider himself lucky that he wasn't shot in the face by the feds, like the kid in Maryland was.

[Excuse_My_Bellicosity]

That's right, the BATF are like cockroaches. When you turn on the light, they run for cover.

[Excuse_My_Bellicosity]

How can we make them pay personally?

My first thought was for them to pay by losing their jobs and forfeiting their retirements. Jail wouldn't be a bad idea either. And don't make them stay in that minimum security golf course "detention center" either. Make them stay in a federal prison like Leavenworth.

[Excuse_My_Bellicosity]

Michel should consider himself lucky that he wasn't shot in the face by the feds, like the kid in Maryland was.

Or shot in the back like Randy Weaver's kid.

[Libertarianize the GOP]

fyi

[Jolly Rodgers]

Michel should consider himself lucky that he wasn't shot in the face by the feds, like the kid in Maryland was.

It's not over yet and the boys in black have a history of getting even when made to look like the bungling murderous fools that they are.

[NotJustAnotherPrettyFace]

You betcha!

[CTY40]

"If you have nothing to hide, you have nothing to fear" was made famous by the KGB. What a striking similarity.

[mn_b_one]

I am glad to hear that this guy got his guns back. I hope he takes them to court for damages, and wins. I hate the BATF, the FBI and the US Marshalls. They are the first line of gorillas in the early stages of the Police State, eventually leading to the 2nd American Revolution. Good luck to this poor man who has paid taxes all his life to a government who would demonize him and kill him at the drop of a hat.

[the]

This article presents another great opportunity to link to:

WHEN THE BATF COMES A-CALLIN'

James H. Jeffries, III

"There is no wholly satisfactory substitute for brains, but silence does pretty well." --Anonymous

PROBABLYone of the least favorite events for any Federal Firearms Licensee (hereafter "FFL") is a visit from the Bureau of Alcohol, Tobacco and Firearms (hereafter "BATF"). This can occur in one of at least six very different ways and your legal rights and recommended responses vary accordingly.

For purposes of the following discussion I will assume that you are a law-abiding licensed dealer or collector who tries to comply honestly with the federal firearms laws. If some of the discussion below seems excessively cautious, or even hostile to BATF, it is based on real world experience with an agency which has been found by Congress, by various federal judges and juries, by other federal and local law enforcement agencies, and even by some Presidents to be inept, indifferent to citizens' rights, and capable of the most outrageous abuses of the law.

BATF operates under the rationale of requiring you to comply with the law. I operate under the rationale of requiring BATF to comply with the law. I required this of BATF as a federal prosecutor for almost 30 years, and I require it as a private citizen and as a lawyer. You should require it as an FFL.

A non-licensee has no legal duty whatsoever to talk to or otherwise cooperate with a BATF agent (or any other governmental official). It is a sad commentary on our times and the state of our federal government (and especially BATF) that the appropriate legal advice from a defense lawyer to a non-licensee confronted by a federal or state law enforcement officer can be capsulized in a single sentence called RULE ONE: Silence is golden; or what part of "no" don't you understand? If you are an FFL, however, additional considerations come into play.

___________________

Click link above for the rest of this great article.

[Henchman]

Seems you are jumping to conclusions. Only one side of the case has been put forward. Let's see what happens in the "suit." ...then again if the plaintiff looses you will bitch about the judicial system. All that can be said with certainty is that there is a lot of room for improvement.