While this website is the currently running with the ball on the ATF action against a local man. I thought I would expose you to the softer and more gentle side of the ATF.

Last year the ATF sponsored a children’s art contest and they have announced the winners in each catagory.

While many are good I found a few that stood far above the rest.

A possible Waco scene is done crayon by Dixon

A possible Ruby Ridge scene done in colored pencil by Cheyenne

A possible scene of the ATF perjuring themselves about the NFRTR in Ink and crayon by Katie

So go and view the soft cuddly side of the ATF.

Redacted for now. Info coming.

Update: See Update here

Update: Hold off on any contributions for now. Info deleted intentionally. I have stuff to confirm

Update: See Update here

I lied, this is the last update: Just so we’re clear, the update below is not to say that what happened to Scoot is right (I don’t think it is) but that the felony thing really isn’t good in terms of a victory for gun rights or reigning in ATF problems. I’m not mad at Scoot. I still support him and will do what I can to help. A felony at 18 does not make one any less of a person and reform is possible. Not all felonies are equal and conviction of a crime stripping the right to defense forever for sometimes minor incidents isn’t good.

In this case, his only crime is that he committed a crime 9 years ago.

Last Update:

In comments, KNS reporter Jamie Satterfield writes:

I cover the courts for the News Sentinel. I have checked out this case after being notified by Mike Silence of blog interest. Although I will be reporting on it next week, court records show the person at issue was charged with being a convicted felon in possession of firearms that included two rifles, a shotgun and a loaded .45-caliber pistol. He was not charged with the “assorted gun parts” the ATF agent wrote in his affidavit that he found in the gentleman’s basement. Stay tuned to the Sentinel next week when I will write about his court appearance.

I’ve had some private correspondence with her regarding the situation and she basically read to me right from the database the felony info. Convicted felons can’t own guns and thems the rules. That said, I think the ATF went for the MG. Then manufacturing. Then, finally, the felon thing would stick. It was a fishing expedition and, unfortunately, they dug deep enough. That’s all assuming the other info that was being given to me was correct. But something don’t seem right as most felons don’t have custody of their kids.

I tried to help a friend by getting the word out. It didn’t work because the ATF dug deep enough and because it was there to find. Felony possession is a big no-no.

Any way, I feel like a bag of dicks for bringing all this up, though I did so based how it was presented to me. I wasted everyone’s time. In short, I blew it due to information I did not have.

Sorry, all.

Everyone who donated money, it has been returned. If you have problems, let me know and I’ll make it right. This is not a case where donations will help much.
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Programming note: Instead of multiple posts, I’ll put any of today’s updates here. Check back.

Very likely today’s last update: Thanks to a reader, I have put Scoot’s family into contact with gun rights attorney of some reputation (no names for now, apologies). They’ve been in contact and the attorney is calling some local muscle. Will let you know more when I have it.
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9: Major update:

They’re holding him until a hearing on 3/28, which oddly coincides with ATF abuse hearings. They seem to have dropped the machine gun angle and are going for the manufacturing without a license angle. No mention of MGs on the paperwork, according to his girlfriend. They took: drawings, guns, parts, gun magazines, magazines that you read, books, his computers, his Wal-Mart WWB ammo, tools, digital camera, his pull along trailer, and his address book. Some of those don’t seem consistent with gun crimes, if you ask me. They stated he had drawings, precision milling machines, aluminum blocks, and was operating as a manufacturer.

Guess the good news is the MG charges are gone.
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Background here and here. Just talked to his girlfriend. And the updates are:

He has been arrested

A hearing is scheduled this afternoon

They took his guns, some books, and drawings he had

They’ve been there all night

They are currently taking his milling machine

They keep telling his girlfriend You know he was making machine guns, right? Which he was not. He was finishing up some 0% lower receiver castings for semi-auto AR-15s, which is a lawful activity.

When it comes to gun laws, gun enthusiasts do act at their own peril.

Update: My scientific wild ass guess is they’re going for the constructive possession angle. Their prosecution, if it gets that far, will go something like:

He has parts (none of which are full auto, by the way);

He has books;

He has a milling machine;

In a random number of hours, he could possibly assemble a machine gun.

Update 2: Thanks to a reader, I have been put in contact with a gun rights attorney who is interested in the case.

Update 3: Got an in with some gun rights activists. Looks promising, I’ll let you know. If the latter does not work out, I may set up a fund. I was also told there’s a small and pricey legal industry that specifically caters to addressing issues with the ATF. I will put Scoot into contact with some of these folks once I hear he has been released.

Update 4: And his local legal counsel is apparently on the scene, making calls and doing what they do. The folks mentioned in Update 3 told me that’s good but he’ll eventually need someone with firearms law expertise.

5: A gun rights attorney has told me there is particular interest in this case because Tennessee apparently has a high number of reported ATF abuses. I found that quite interesting. I think it may be the result of Tennessee being a fairly gun-friendly state.

6: A few more thoughts:

Regarding the fact this was initiated by his ex (whom he has confided in me in the past that she has threatened to call the police on him for his guns), why is the word of an estrange ex considered probable cause or reasonable?

And Rob Huddleston opines:

Guys like Scoot and SayUncle have knowingly raised their profile through their Internet presence. They know they are subject to increased scrutiny, and they tend to act cautiously because of that.

Indeed we do. But that doesn’t seem to matter when someone with an axe to grind lies about you to the authorities. I get regular visits to this site from hosts whose names end in .gov. That is why I particularly note things about complying with the law, such as when I posted a primer on the now defunct assault weapons ban and 922 compliance.

7: Redacted

8: Michael Silence has a round up for one stop shopping on this incident.

Bob Krumm notes:

Senator Mark Norris’ bill to deny government the authority to use an emergency as justification for confiscating lawfully-owned weapons passed the State Senate 28-2 on Monday.

Overall, I like the idea of the bill. But said confiscation was already illegal in New Orleans when it happened and that didn’t stop the confiscations. I guess this sort of bill would give something else to charge violators with.

From another of their yes it is, no it isn’t files, the ATF recently issued a position letter that stated Thompson machine guns were C&R eligible. Now, they’ve announced the letter will be rescinded. Seems they’re afraid that all machine guns will be classified as C&R items due to rarity.

You may recall a bit back where they said that engraving rifle converted to an SBR was OK then quickly changed their minds.

Looks like the House judiciary committee is having more hearings on ATF abuses in Richmond.

In an update to my friend and his visit from the ATF, the ATF just called him as I was on the phone with him, they stated they had a warrant now, and asked him to come open the house or they’d bust his door down.

It does beg the question: why did they not show up with a warrant in the first place?

Terry Frank on the Metropulse’s recent love affair with the hideous practice of eminent domain:

Recently I asked of Bill Lyons, Director of Policy Development for the Mayor Haslam and the City of Knoxville, or if his Metro Pulse staffer wife, Gay, had written, influenced, or contributed to an editorial hit-piece in the Metro Pulse which slammed legislators who are working to protect private property rights.

It remains a possibility. But then again, maybe the editorial was written or influenced by Senior Pulse editor Barry Henderson. After all, Henderson’s wife used to hold the same position Bill Lyons does now and I could see him being sympathetic to the eminent domain argument.

Or then again, maybe the article was ordered, written, or influenced by Metro Pulse publisher and real estate developer Brian Conley.

Does Conley have an interest in any possible eminent domain seizures? I’m looking.

I’d be interested in knowing.

Joe says:

The person in question sent me an email on Tuesday asking that I remove her name from the post. Basically saying she lost her job almost immediately (a year ago) at the college newspaper over her “mistake” and has now paid a sufficient price. She is about to graduate, is looking for a job, and when Googling for her name my blog shows up. She doesn’t want her mistake to haunt her for the rest of her life.

Question: Should I remove her name from my posting? Elaborate on your answer.

Read the background info too. He wants your advice.

At least that’s what Ryan Donohue says. Which is more likely to incite violence? An inanimate object or glorifying violence to impressionable kids? Now, I’m not one for banning music or, well, lots of things but it seems a bit disingenuous to me. After all, other countries have fewer guns and more crime than the US. Some have more guns and less crime than the US.

And Mr. Donohue is either a liar or ignorant:

Las Vegas Police Sgt. Henry Prendes might still be alive today if the Republican Congress, working with President Bush and the NRA, had not allowed the Assault Weapons Ban to expire. The law that made it illegal for gun manufactures to make and sell automatic weapons could have stopped Amir “Trajik” Krump from even obtaining the AK-47 that he used to shoot and kill the first officer to die in the line of duty in Las Vegas in 18 years.

As about 2 seconds of Googling would have made clear, the assault weapons ban did not affect automatic weapons. Automatic weapons have been regulated since 1934 and banned from new production since 1986. And more:

Before I continue, let me point out that I am not “anti-guns.”As a matter of fact, I have no problems with handguns, which I have fired, nor do I have a problem with shotguns or hunting rifles. But an AK-47, MAC-10, M-16 or even an Uzi, are not hunting weapons.

No, but you are an ignorant fool. New AK-47s, MAC-10s, M-16s and Uzis are also illegal to own in this country. Their semi-automatic variants (which function identically to most hunting rifles) merely look like AK-47s, MAC-10s, M-16s and Uzis. And that is all the ban affected.

This will probably be in the paper tomorrow.

Reader, commenter, arfcommer, and friend Shoot-N-Scoot just called to tell me that:

*The ATF is at his house

*They’re asking if he has any machine guns

*They have seized his house pending approval of a search warrant

*Told him he was free to go but they were going to search his house

He did the smart thing and left. He also called his lawyer. He (like me) is one of those gun owners who meticulously follows the law to avoid trouble. In that situation, I, myself, would be wondering if I had all my I’s dotted and T’s crossed as there are a lot of technicalities out there. His only crime is apparently marrying his ex-wife, who has supposedly called the ATF and said he has machine guns. He does not have machine guns and is one of my friends who I discuss AR-15s with.

He asked that I spread the word. More details as I get them.

Update: Oh, and when he called, the first words out of his mouth were:

The ATF is here.

And the next words out of his mouth were:

They have some nice AR-15s with EOTech 552s

Only a true gun nut takes the time to admire the equipment being used in a situation like that.

With a house override, Kansas now joins the clear majority of states by having a shall-issue handgun permit. We’re winning.

Kansas is now the 47th state to allow citizens to carry firearms. On July 1, 40 states will be shall-issue.

Update: Next stop, Nebraska.

Take it here. The emergency supplies listed do not mention guns. Coincidentally, the ready.gov site still shows no search results for gun.

I … have no remorse now for killing a man:

Before the men arrived at his home, someone called Harvey to ask if he had any shipping boxes. Though an unusual request on a Saturday, Harvey told the caller he had some at his home.

Four Spanish-speaking men seeking boxes arrived outside Harvey’s home about 15 minutes later. While showing the men boxes in his garage, they pulled out guns and ordered Harvey and his wife to give them money. Inside, the men rounded up the couple’s five children in the living room and stood guard over them.

The men repeatedly pointed their weapons at the heads of family members as they demanded money. One man vaguely threatened Harvey by telling him not to worry because he would be sleeping after they left.

“I knew he was going to kill me,” Harvey said.

As one man stood guard over Harvey in the kitchen, another took his wife into another room to seek her jewelry.

“After they took my wife I knew I had to do something,” he said. “I felt I had to react.”

He wrestled the gun out of his captor’s hands then shot him dead before the other three men ran back toward the kitchen. A shootout followed as the men fired their weapons at Harvey. He was struck three times as he returned fire until emptying the gun in his hand. His wife and children were unharmed.

“They came out spraying bullets at me,” he said. “I wasn’t trying to dodge the bullets. I was walking right up to the men to shoot them because I thought I was gonna be killed.“

Wow, that dude has some balls. Glad it ended without the deaths of this guy or his family. Though the sensationalist headline doesn’t really clue you in to what happened.

R. Neal at Knoxviews points to this ruling by the Supreme Court:

The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple’s home unless both partners present agree to let them in.

The 5 to 3 decision sparked a sharp exchange among the justices. The majority portrayed the decision as striking a blow for privacy rights and gender equality; dissenters said it could undermine police efforts against domestic violence, the victims of which are often women.

The ruling upholds a 2004 decision of the Georgia Supreme Court but still makes a significant change in the law nationwide, because most other lower federal and state courts had previously said that police could search with the consent of one of two adults living together.

Now, officers must first ask a judicial officer for a warrant in such cases. Quarrels between husbands and wives, or boyfriends and girlfriends, keep police busy around the country; in the District, almost half of the 39,000 violent crime calls officers answered in 2000 involved alleged domestic violence.

I find it odd that the wife stating that her husband had cocaine wasn’t enough probable cause. In some cases, this ruling may limit police involvement in domestic violence issues and that has the potential to be bad for victims of such violence. However, there’s also the issue that, in domestic disputes, people will lie their asses off to get leverage for custody of kids and assets; or just to be dicks. I’ve seen it happen and you probably have a friend who went through some nasty separation and was lied about by their former significant other. And I don’t mean white lies, I mean full-fledged he threw me down the stairs kind of lies. I’ve seen it happen.

In my opinion, this ruling is one of those damned if you do, damned if you don’t scenarios.

Update: S. Carpenter in comments at Knoxviews says:

I agree Souter, who wrote the majority opinion, that Roberts’ argument concerning domestic abuse situations is a red herring.

In Tennessee, officers may arrest persons for domestic assault without a warrant if they have observations (red marks, broken household items, etc.) to go along with the accusation of assault. In all other misdemeanors, officers must see the offense to arrest without a warrant.

Where the circumstances warrant the arrest for domestic assault, whether officers can enter the home to search seems irrelevant. Alleged assaulter goes to jail whether he/she consents to a search or not. Absent some other circumstances, there is no need to search the house.

If officers need to search the home to further the investigation and the arrested spouse/co-inhabitant has objected, officers can get a search warrant. Presumably the alleged victim will supply sufficient information to support the probable cause needed to get a warrant. The alleged offender is in custody alleviating concerns for destroyed evidence. Two hours or so later, a lawful search occurs in the home.

I really can’t think of a circumstance where this decision would create a problem. I don’t think Roberts’ and the minority have a clue as to how arrests occur in domestic assault cases.

Makes it seem reasonable to me.

Nashville is Talking seems to always be broken. The main page seems to work but comments are often screwed up and permalinks to individual posts are often broken. Anyway, if this link works, Brittney’s asking what do you want done with your body when you die.

I figure, I could care less. Told the wife she could just put me in a Hefty Cinch Sack and put me on the curb. I figure I’ll either be busy not existing, trying to figure out how they made a road out of gold, or tagging virgin number 12 by the time my funeral comes around. In short, not real concerned.

But, at my funeral, I’d rather have a party. No crying, no sobbing. Heck, get a keg. Better yet, have a life size cardboard cut out of me holding an ice cold beer so people can have their picture taken with the dead guy.

Via Michael, the KNS has set up some blogs for Knoxville candidates.

Apparently, California wants to outlaw dogs acting like, well, dogs.

Chris talks about the differences in short barreled rifles and any other weapons (AOWs) to avoid getting into hot water with the ATF. Of note is that the AOW classification may depend on where you live. There was a case in SC where the court told the ATF that their classification of AOW was too broad. Not too surprising since they basically use the equation that if it’s not a handgun, rifle, or shotgun, it must be an AOW. Still, not worth the risk as the ATF will still try to prosecute you no matter how many times the courts slap them around.

A good first step:

A bill that advanced this week would limit the power of cities and counties to seize private property, such as farmland, to develop industrial parks, but is less restrictive than other eminent domain legislation.

The bill would require local governments to certify the “public purpose and necessity” of seizing land. It is one of three dozen measures lawmakers have proposed on eminent domain following last year’s U.S. Supreme Court ruling to give a Connecticut city the authority to seize property for private development.

[snip]

Fowlkes’ bill specifies that public use “does not include private use or benefit or the indirect public benefits resulting from private economic development and private commercial enterprise.”

In Kansas, who may also pass CCW today:

If you are stopped by police in Kansas, don’t be surprised if the officer pulls out a little black box and takes your fingerprints.

The gadget allows officers to identify people by fingerprints without hauling them to the police station.

Over the next year the Kansas Bureau of Investigation will test 60 of the devices with law enforcement agencies around the state. State officials said similar tests are being planned for New York, Milwaukee and Hawaii.

“This is definitely new,” said Gary Page, Overland Park Police Department crime lab. “It’s been talked about, but as far as I know they are not in use anywhere in the metro.”

The tests in Kansas are part of a bigger $3.6 million upgrade to the KBI’s statewide fingerprint database, unveiled Tuesday by the KBI and Kansas Attorney General Phill Kline.

Now, if you’re suspected of something and are going to get printed anyway, I’d take no issue with it. However, if they just start printing everyone, I think that is a serious concern for civil liberties.

He needs a DIY Toilet Paper Cannon.

J.D. tells us the Kansas Senate has voted to override the governor’s veto of a concealed carry law. On to the house.

Well, those were the headlines coming across the wire. Turns out, just some guy with a BB gun shooting flying rats.

Update: Quick to scrub the record. Not a single story with a hysterical headline is on the Google News page now.

I never really cared for the show in prior seasons other than to watch the initial try-outs to see the people who suck and the inevitable shot of a 300+ pound black woman going ballistic on national TeeVee. It was all sterile and overly formulaic. But this year that changed. I actually like Taylor Hicks and Chris Daughtry (sp?). Those dudes can sing. More importantly, they’re different for American Idol. I think it may have to do with the fact they upped the age ceiling.

I generally share this sentiment seen at LeanLeft:

Generally speaking, I think it is fair to say that I am a friend to the creatures of the earth when I am not busy eating them or wearing them.

Though I would add that I also like when they warm my ass on the heated leather seats in the truck and when I get cozy on my leather couch, love seat and recliner. I am otherwise animal friendly. But there’s not a day that goes by where I don’t contemplate taking out one of my neighbor’s dogs. Not that I would ever act on that, of course. They have three dogs and two of them are not very well-behaved. Those two are a couple of large Labradors. They have dug holes under my fence, which is adjacent to their fence. They have destroyed several pickets on my fence. One day, the got in our yard when I wasn’t home and made their merry way through our dog door. Our neighbor, being the mindful person he is, took care of those issues by putting a small electric fence at the base of his wooden fence. No problems since.

But the latest is the constant barking. All day long. They’re not barking at anything in particular, rather they just sit in the yard staring at each other and barking. And when I go into my backyard to let Junior play on the swing set, slide, monkey bars, sand box, rock wall contraption, they bark at us constantly. I’ve taken to leaving the hose in the backyard on and, when they commence barking, I give them a good soak. They even bark at Politically Incorrect Dog, who has the sense to ignore them.

They’re also quite nefarious about it. See, when my neighbor is home, they don’t bark because they know he (being the mindful sort he is) will stop them. But when he leaves for work, they start. I’m at a loss. I figure the hose beats calling animal control. Sure, the hose may annoy my neighbor if he sees me do it but calling animal control would really strain the neighbor relationship. He’s a good guy and I wouldn’t do that, just like I wouldn’t actually take his dogs out no matter how much they interfere with my enjoyment of my property.

Looks like soon to be former Kansas Governor Kathleen Sebelius has once again vetoed shall issue CCW legislation. Looks like the override may be tough but:

Overriding the veto would take two-thirds of both the House and Senate: 84 House members and 27 senators. Last week, the House approved the bill 90-33. The Senate passed the bill last month 29-11.

It passed with enough to override but there’s question about whether or not those that voted for it would support an override.

Update: Her veto statement:

I support the Second Amendment and the right of our citizens to keep and bear arms. It’s an important part of our heritage and way of life in Kansas, and I’ve upheld that right as Gov.. All law-abiding Kansans have the right to own a weapon to provide for their protection and the protection of their families.

I do not think that means what you think it means.

Last year, I signed a bill to allow retired law enforcement officers, who have unique experience and special training, to carry concealed weapons.

Like you and me, only better. There’s more.

Via Brittney, comes this from Smoke Free Tennessee:

The House Agriculture Committee voted 13-1 to kill a bill sponsored by the House’s only physician, Rep. Joey Hensley, to ban smoking in restaurants that employ people under 18.

Personally, I don’t care if a restaurant doesn’t allow smoking. Or if a restaurant does allow smoking. But the key to that is that the decision lies with the restaurant. I don’t want the government making that decision on behalf of those who own restaurant. If you smoke, go to a place that allows it. If you don’t, go to places that forbid it. Reward your side with your dollars. Simple, really. If this bill had passed, there would be a lot of out of work teenagers.

They have a poll on the issue too.