The Down Range Forum
Member Section => Down Range Cafe => Topic started by: m25operator on March 24, 2008, 02:47:02 PM
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see it at fox 11 az
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Here's a link
http://www.fox11az.com/news/topstories/stories/kmsb-20080229-famjc-gunsseized.b924092.html
Bidah,
You said you have been watching this for some time. Can you give us some background?
Thanks
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The search warrant becomes public record after it is returned to the issuing court (U.S. Magitrate Judge) and filed. The Federal district court clerk will make it available to the media, then the charges will be known. That should tell the tale. Can take a few days.
Mac.
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The search warrant becomes public record after it is returned to the issuing court (U.S. Magitrate Judge) and filed. The Federal district court clerk will make it available to the media, then the charges will be known. That should tell the tale. Can take a few days.
Mac.
Mac,
Is there any time limit on returning it or can BATFE just hold it?
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The standard is the warrant must be returned, with inventory, "as soon as possible" to the issuing court, and since government seizure of private property is involved, the Magistrate Judge will insure prompt compliance by ATF, or there will be problems the next time they want a warrant from him/her.
Mac.
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Mac,
Maybe I'm wearing my (http://www.mazeguy.net/outfitted/tinfoilhat.gif) but I can see BATFE saying that as they confiscated hundreds of guns it will take some time to properly inventory before they can turn them and the warrant back in.
Would Calvery arms be given a copy at time of serving?
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Cavalry would get an inventory before the property left the premises. If it took two days on site, that's what the Federal Rules of Evidence requires, unless there has been a change since I played a lawyer in my High School musical. They get a copy of the warrant and an inventory.
Mac.
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Haz. Been busy for the last few weeks. I have not heard a thing that they have been charged with anything. I am going to go on my opinion here, but I would guess that this is an attempt to shut them down by confiscation. This is not the first time that they have done it. What I did hear is that this is a fraud case, but still, nothing.
-Bidah
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Haz. Been busy for the last few weeks. I have not heard a thing that they have been charged with anything. I am going to go on my opinion here, but I would guess that this is an attempt to shut them down by confiscation. This is not the first time that they have done it. What I did hear is that this is a fraud case, but still, nothing.
-Bidah
Fraud?
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The Clerk of Court, Federal District, in Phoenix, should have the returned warrant out on public information table after it is returned to the Magistrate. It will list the alleged GCA violations, Title 18. USC, Sec 922 something and subsections. The paper will surely do a follow up. It will be interesting and important to keep it in the open.
Mac.
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I think I found a big clue... that is assuming the news has good info( about 50/50 shot) They said they do most of thier biz over the internet.
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Here's their site
http://www.cavalryarms.com/
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Here's their site
http://www.cavalryarms.com/
better link
http://www.cavalryarms.com/galleries/cavgirls/cavgirls-1.html
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MUCH better! ;D ;D ;D ;D
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While there is no prima facia fraud detected on first review, prudence dictates a more patient review of the evidence on the web site.
Seriously, this needs to stay on the front burner of media coverage to see what facts are revealed. If anybody in Phoenix was really interested enough to get a copy of the warrant from the Clerk, it would be clear.
Mac.
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This was posted elsewhere on 3/19..
Yeah, an update would be nice. We are just at the 3 week mark and we pretty much don't know any more then we did the day they came in our door
I canceled the work being done on my house and have pretty much put my families life on hold. I get up every morning knowing that at any second the ATF might kick in my door and put me in cuffs again (with a news crew filming it all) and I still do not know what it is they think I've done. I've re-read their exceptionally vague "Warrants" and got nothing helpful out of it. They don't even use my full name on any of them, just "NEALON" (so I guess my whole family falls under it?)...
Oh well, I just gotta keep on keep'in on. We are pushing product out the door as best we can and trying to keep a positive attitude.
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You surely have an attorney. Get him/her off their ass and have them file a discovery motion to get the Affidavit. This in NOT legal advice, just common sense. Then tell it.
Mac.
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Haz. Been busy for the last few weeks. I have not heard a thing that they have been charged with anything. I am going to go on my opinion here, but I would guess that this is an attempt to shut them down by confiscation. This is not the first time that they have done it. What I did hear is that this is a fraud case, but still, nothing.
-Bidah
Fraud is one of those neat things that can be pulled out when they want to get you but can't find any other way. It is a lot like getting Al Capone put away on tax fraud.
Fraud is what the tried to use on Boyd Coddington a couple years ago. Restorations and true one offs are exempt from certain rules, and there is a gray area concerning what level of production bumps you into a manufacturer or what percentage of a vehicle must be original to be a restoration. He got off easy in perspective of what could have happened, but just imagine what months of being shut down and the legal fees can do to even a wealthy person or company.
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I've got my fingers crossed for the guy in hoping that this all works out and stays in business, but knowing that perception is reality even with the best possible outcome he might lose a good chunk of his business. I'm no fan of the ATF and their tactics are at best underhanded and some I question the legality of (but this poly sci major didn't go to law school so I really can't say), an agency that regulates three legal products? What good comes from that?
On a side note, who the hell would want to put those girls out of work? ;D
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What comes from that, Anubis, is over 15 BILLION dollars in tax collections. Four legal things; Don't forget explosives.
Mac.
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I figured tax revenue would facture into it and that is not an insignificant amount of money.