Sunday, January 27, 2008

ATF Loses Bid for Summary Judgment vs Red's

BATF/E has lost its motion for summary judgment against Red's Trading post.

At question in our case is the ATF's definition of the word WILLFUL; they claim that we WILLFULLY committed .4% clerical errors. Another Federal Judge in North Carolina recently questioned the ATF's definition of willful and moved another dealers case to trial as well.

The BAT-bunch has way overstepped rational behavior with their application of "willful" to every single missing jot and tittle (and there were not a lot--four tenths of 1%).

Red's Trading Post attorneys have done good work.

By the way, the Red's case has a lot to do with this:

Supporters of President Bush's pick to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives are renewing efforts to persuade Idaho's Republican senators to drop their opposition.

The nomination of Michael J. Sullivan, the U.S. attorney for Massachusetts, has been in limbo since mid-December when Sens. Larry Craig and Mike Crapo issued separate "holds," a procedural move that blocks the Senate from considering a nominee. They cited concerns that the ATF has become overly aggressive in enforcing gun laws.

So what's the problem with Sullivan? Check the name of one of his supporters:

Sen. John Kerry, D-Mass., reiterated his call for Craig and Crapo to back down, saying Sullivan deserved swift Senate confirmation

We're all aware that GWB has lost his grip on a number of issues. This is another example.

HT: Of Arms

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