|"Power corrupts; absolute power corrupts absolutely." - This example of nefarious chicanery obviously isn't limited to the DoJ and FBI; the ATF bent this guy over and buggered him with no grease.|
Posted by: TEEBONE ® |
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Man Sues The ATF For Damaging Seized Guns And Losing Parts -
by Doug E
For firearms enthusiasts, having guns seized by law enforcement is a nightmare we’d rather not think about, but unfortunately, it has been a path some gun owners have had to walk. Finding that personal property has been mistreated, neglected or outright damaged by law enforcement, is sadly a real possibility when it comes to seized guns. In today’s case, we’ll detail a plaintiff’s claims that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE, or ATF) damaged his seized guns, lost parts and original boxes, and perhaps even used them on other raids.
BACKGROUND OF THE CASE
One can reasonably expect to have a firearm used in the course of a defensive shooting to be seized during the investigation, but to have an entire collection of firearms seized is an entirely different ball of wax. The plaintiff, Mr. Robert Arwady and his wife began their long ordeal in 1998, at which time he had a Federal Firearms License (FFL). Mr. Arwady states that he and his employee were prosecuted for acts committed by the employee and all records were seized by the ATF. The employee was convicted and Mr. Arwardy was acquitted of all charges and most of the records were returned.
Moving forward to 2006, Mr. Arwady states that the ATF revoked his FFL due to insufficient record keeping, which he claims was due to the missing records the ATF never returned to him. According to the ATF, Mr. Arwady had numerous instances of record keeping violations during inspections in 1991, 1996, 1999, and 2004. During the 2004 inspection, the ATF noted that Mr. Arwady couldn’t account for missing firearms and counted 13 other record keeping violations. During Mr. Arwady’s renewal process in 2005 and 2006, the ATF denied his license renewal.
The following is an excerpt from Mr. Arwady’s lawsuit, and explains the gun collection in question (emphasis added by me):
SEIZURE, FORFEITURE & eventual RETURN of the seized guns
Mr. Arwady began selling his gun collection (presumably one or two at a time) through a licensed FFL dealer, that would actually log the firearms into his inventory, and conduct a background check on the purchaser. In the lawsuit, Mr. Arwady mentions that this act of selling through a license dealer is the process recommended by the ATF. Again we look at the claims of the lawsuit for what happened next (emphasis mine):
Section 10 of the lawsuit states that the government started the civil forfeiture process on his seized guns, but was ultimately dismissed by Judge Sim Lake in 2012 since the proceedings had been three years pending without any criminal charges being filed over the seized guns. Mr. Arwady was most likely formally charged with 10 criminal acts at some point between 2012 and 2014 as he states that he was arrested by the U.S. Marshals in March of 2014. He refused all plea bargains during that time. The suit states that on the eve of his trial, the government dropped eight of the 10 charges, and a unanimous jury acquitted him of the remaining two charges in October of 2015.
Mr. Arwady described the eventual return of his property:
It should be noted that this is mostly one side of the story as told by Mr. Arwady, and no doubt the ATF will get a chance to tell their side as they respond to the suit. I recommend giving Mr. Arwady’s lawsuit a read (HERE) as it’s not overly long and quite straight forward. You can also read a bit more of the ATF’s side of things as the events led up to Mr. Arwady’s license revocation HERE.
What do you think about Mr. Arwady’s case?
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.
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