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ATF Prosecutes Ohio man for AR Pistol WITH Brace as SBR!

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  • wildrider666

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    I just came across this Oct 2018 story. Seems the flippy floppy ATF wanted to flex its muscles a bit. Per the story, the ATF wanted to block their own Firearms Technology Branch Letters which approved ALL the parts in question as assembled on a "pistol". Stupid as it sounds, DOJ pushed it to Trial with their ATF Tech Expert witness while the Defense brought their own Retired ATF Expert Tech witness. Jury saw right through this sham.

    https://www.range365.com/atf-prosecutes-ohio-man-for-ar-pistol-with-brace
     

    Mouser

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    I don't have words to express how disgusted I am with govt agencies abusing citizens...if I could find the words, I would surely be banned from here and on several "lists".

    Govt agencies pass rules that are pseudo laws...they measure and audit for compliance...levy punishment and fines (the IRS even collects)...and should your run afoul of one of these rouge agencies, you might just have your appeal with them...not a neutral 3rd party. There are not severe consequences...or really any at all...for rouge prosecutors, judges and agencies. These stories of individuals being unjustly attacked rarely come to the light of day.

    Even though this guy won his case, he lost a great deal of money in defense of something that never should have happened in the first place...I bet there are more than a few on this forum that found themselves defending themselves, with an attorney, only to have the case or issue dismissed due to the bogus nature of the issue...I personally know one.
     

    wildrider666

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    I'm in full agreement with Mouser. This particular Case clearly demonstrated not only an abuse of power at several government levels it is violations under Color of Law! They knew the firearm was legal as configured, tried to suppress their own GOV/ATF originated documents that proved the firearms legality, produced a "Prosecution wittness: ATF Agent & Technical Expert" who could only support the Prosecutor's Case by claiming ignorance of the legality or commit perjury!

    If we look at the big picture it gets worse. The DOJ assigned Prosecutor doesn't work under his/own whims. Each Charge is weighed against the evidence and collectively the decision makers say they can win in Court. It may have been Presented to a Grand Jury (no representation by accused or his Counsel). They approve the indictment(s).

    Prosecutors have a DUTY to provide EXCULPATORY EVIDENCE that is favorable or exonerates the defendant or provides mitigating information. The DOJ not only failed to provide exculpatory evidence, they tried to block its admission in Court and evidently had a Agent/Tech Expert that would not support the legal determinations of her own Agency the ATF! These are all deliberate Acts that fly in the face of everything we know and expect from our judicial System.

    We know if this was some poor guy with an overworked public defender with zip funds to hire defense expert wittness he would have been screwed. Any bets the Prosecuter offered a Plea Deal so it wouldn't go to Court?

    This prosecution sure lowered the BAR!
    I bet the Court Transcripts would be a great read and maybe the Judge had some savory words for the DOJ/Prosecutors Office.
     

    wildrider666

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    Everybody with a AR or AK pistol NEEDS TO READ THIS! Got a Brace or Angled FireGrip or different muzzle device. ATF says they are legal UNTIL DOJ WANTS TO CHARGE SOMEONE! The DOJ and BATFE are hiding their loosing legal handywork and has had most of the Court related documents SEALED! They never do that when they win a Case and trying to prosecute a alleged SBR of a pistol with a brace, angled foregrip and 2 inch flash hider clearly doesn't have National Security interests does it.

    The Link provides more info on the Case and legal insight what DOJ and ATF were trying to do and abuse by DOJ and BATFE.

    https://blog.princelaw.com/2018/10/...made-up-out-of-whole-cloth-you-might-be-next/

    "Shouldering" the "pistol" was never an issue. What I get from all the piece parts is DOJ/ATF was prosecuting the possession of a UNREGISTERED SBR after it was "manufactured" by the installation of ALL the added parts. That's why they wanted to suppress the ATF documents that Approved each part as its application/installation not being in violation of the NFA! We can sermise that the DOJ/ ATF ignores individual part approvals and now wants to prosecute the sum of those parts collectively as a NFA SBR violation. That's why the Case Records are Sealed, so there is no Case Content available to other Defense Lawyers nor a public record of DOJ/ATF abuse and improprieties in this malicious prosecution. Tyranny: Cruel, unreasonable or arbitrary abuse of power or control. There is no doubt here.
     

    polebarn

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    Maybe the next "manufactured event",ala Las Vegas, will happen with an AR-AK pistol and brace so that pressure will be on them like it was on bump stocks. You know, "for the children".
     

    Big Shrek

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    The biggest problem is how many folks are dumb enough to post that they'll use it as a stock, instead of "Just As A Brace". Anti-gunners see it, report folks, and then they're caught in the flytrap.
    Make no mistake, Liberal Anti-Gun folks join & read these boards too...just HOPING they'll catch someone being dumb.


    if those dummies really wanted to protect kids...
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    Mouser

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    For some its about protecting the kids...still others about control and power...at the highest levels, its about fundamentally transforming America and ultimately destroying it, but for most it is just about following the herd.... We group people in two categories: liberal and conservative and those two do not adequately describe us and certainly does not offer good choices at the ballot box.

    One of the most difficult things to tolerate is all the people spouting off about stuff they don't know anything about. The media, Hollywood and much of big business has been infected by the collectivism fever. Collectivism is evil and the human species is the only species on the planet that I know of that can actively and consciously act in its own self destruction....just leave me alone and out of it...which the control freaks can not do and will not do.

    Govt agencies are just another symptom of the greater disease....in a collectivists mind, individuals are to be sacrificed for the greater good of the whole and since the individual does not care to be sacrificed, one must render him impotent and there are a few ways to do this...shut him up/censor him (media), play on his sense of guilt...and if there is no guilt, manufacture it. Make him guilty of something...anything as a free man, free of guilt can not be controlled or corrupted. If all of that fails, disarm him and enslave him....collectivism is evil. Collectivism is a broad philosophical term that is the underlying structure of all of the philosophies that have lead to mass extermination of humans over the course of history. Individualism is antidote. Under the umbrella of objective law and protection of govt agencies, not the harassment of them.
     

    kidsoncoffee

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    I don't recall voting for anyone that's making these laws in the ATF do you? The problem is we're letting people make laws that we did not vote into office. It's an absolute overreach of a government department. These three letter agencies have entirely too much power given to them.
     
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