ATF and Statistics
A statistician testified that ATF’s National Firearms Registration and Transfer Record (NFRTR) should only be used to pursue leads. As such, a jury became deadlocked on some charges:
The one big factor was the BATFE shot itself in the foot on this one because ERB registered a LOT of gun, all marked differently and all in different fonts…etc. There is no one or two ways that ERB marked and registered its guns. The BATFE went out and photographed about 20 guns (the legality of the BATFE using the NFRTR for this purpose is left for another article and the courts), all of which showed these different markings. The US Prosecutor was not happy about having to turn them over in discovery.
The BATFE has a LOT more to lose by retrying this case then letting it slip by. Moreover, just because the criminal case ended in an acquittal/mistrial, does not mean they cannot bring a forfeiture action to keep the gun.
