^^^This^^^

They don't have to win the case.  They just have to cause pain and suffering to their accused targets.  Message sent.

I look at what happened to Mussolini and think about how it would be CoC to wish such a thing on 90% of the federal govt.

Holy crap the ATF is going to come over to my house and ask me for all my rubber bands.

Skip to 1:15 rubber band Full auto

I read through the court documents.

They're charging one of these guys because he was structuring bank withdrawals at $9k, six times in a row on six nearly-consecutive days like a fucking moron, to try and avoid the mandatory reporting paperwork to the government.

Remember Al Capone--They only ended up getting him because of tax evasion charges. Do whatever pro-liberty stuff you want, but for fuck's sake don't think you're going to outsmart the IRS.

Attached File

US V Rock Island Armory

The ATF is out of control

Please stop pointing your phone at me.  Please. Stop!
Officer, officer, this man has a machine gun!  I am in fear for my life!


That is what this country has come to.  Damn, all these unconstitutional laws against possession need to go.
Every gun owner in America needs to make a machine gun and stop paying taxes.  Let them try to stop us all.

Well, not like that.

One won't get you in trouble. 7 in a row will get you in trouble.

There are far too many obedient and submissive Americans in this country, which is precisely why it is going to shit.

Why?

How was talking about anything illegal?

How was drawing something illegal?

How is selling a drawing of something the equivalent of selling machineguns?

Charging him with conspiracy because he gave money to someone?

Because he withdrew $9,000 from a bank account?

This isn't aft's first raid this week.

Is conveyance of knowledge a crime, or are actual actions crimes?

Be careful, OP; posting a picture online of the auto key card could get you a charge of "co-conspirator".

I guess Dova80 hasn't heard about Paladin Press

Well the was fucking stupid. I don't have shit for money and even I know you don't try that

Attached File

So does that case decision mean we can, by law, manufacture machine guns again and the FJB browncoats can't do squat about it?

@HenryKnoxFineBooks

So what if he did withdraw $9000 at a time, however many times he wanted to.  Even 12 times a day if he wants.

That doesn't mean he wasn't reporting income to the IRS.

That too is a reach.  2021 filing year hasn't even fully began yet.  Every bank you have sends you a form to file with your taxes.

Here is the deal (from the indictment):

There are two defendants. ERVIN and HOOVER

ERVIN lived in Florida and manufactured the cards, owned the domain, and sold the cards.

HOOVER (who was an FFL and SOT), used his Youtube Channel to create videos and Promote the sale of the cards.

ERVIN compensated (paid) HOOVER for advertising the cards on his youtube channel.  In the video, he described how to cut out the lighting link from the card and install it into an AR-15, to create a machine gun.  (HOOVER posted a whole bunch of videos where he advertised the key cards, not just one)

HOOVER received thousands of dollars, on numerous occasions from ERVIN

ERVIN made a bunch of withdrawals for 9K... which is just them tacking on another charge for him.



So here's the deal.. Feds are saying they acted in a conspiracy to create machine guns, because ERVIN made and sold the card, and HOOVER posted videos on how to turn the cards into a machine gun. They both conspired to profit from this.

I'm not a lawyer, but it sounds like to me that if ERVIN has acted alone... OR if HOOVER wasn't getting paid for the videos... they wouldn't have much of a case... it's the fact that HOOVER was involved and benefited from it is what is letting them tie this altogether.

I think they are screwed.

Guess I know what my next tattoo is going to be.

Lolol
It was right then, when the signal stopped... a man was warned of his perpetration... the world shuddered in fear and bewilderment

the ATF is the  biggest bunch of bitch assholes in the country.  Anti-America, Anti-Freedom, and just general law breakers.

Tied with the fuckwits at the FBI.

Attached File

From the case above:

That sure seems to say in plain English that the 1986 Hughes Amendment made the NFA unconstitutional as applied to machine guns.  Has another case since then overturned this finding?

If not, why aren't Palmetto and others making $800 M-4's?

There's a reason the feds didn't appealed the case to a higher court.  

The ATF did not appeal it, but at best only applies in that circuit and if courts follw the law and established precedent. The 5th did not accept that line of reasoning because there was no individual right to own a firearm, which would have been interesting if the appeal had been heard post Heller.

The dissent agrees with US v Rock Island and is the best dissent ever.

US v Ardoin

Yet the BATF continues to arrest and convict citizens like Ardoin under the NFA for not registering and paying taxes on their machine guns--even though it is legally impossible for them to do so. Because I do not believe that a statute which was enacted to tax a legal activity can legitimately be mutated into a statute that criminalizes that very same activity, and because I believe that convicting citizens for violating laws with which they cannot possibly comply is fundamentally unfair, I respectfully dissent.

I regret that the majority today elects to join what I believe to be the legally inferior side of a pre-existing circuit split on this issue. I fear that in so choosing for this circuit, the majority rejects two persuasive precedents (including one that sets forth the relevant history and purpose of the NFA in exhaustive detail) in favor of embracing a third precedent which essentially holds that because Congress could re-enact the tax-based NFA as a Commerce Clause-based ban against mere possession of machine guns, we should behave as though Congress did so.

Indeed, the NFA's regulation of machine gun-ownership by private citizens was made instantly obsolete by the advent of the FOPA. There is no longer any place for those provisions in the present legislative scheme for regulation of most prospective machine gun-owners. Their vestigial existence on the statute books analogizes perfectly to the human appendix: no useful function whatsoever, but unlimited potential for insidious mischief.

The majority's "just say no" response, like that of the Fourth Circuit before it--in effect telling Ardoin that he could have avoided violation of the NFA simply "by not possessing or manufacturing any ... machineguns"--is even more troublesome to me. I keep asking myself "why is it that each time I revisit the majority's response I am reminded of Marie Antoinette's advice to 'let them eat cake'?" Such casual, dismissive responses are just not satisfactory when it comes to engaging in an activity, such as keeping and bearing arms, that arguably implicates the Bill of Rights.

I am compelled to reemphasize at this juncture that the gravamen of the NFA violations at issue here is not mere possession of an unregistered machine gun; it is the failure to register and pay taxes on that machine gun. That is why section 922(o ) was enacted. If the NFA could double as a naked prohibition against simple possession of an unregistered machine gun, section 922(o ) would have been wholly unnecessary. Yet today we allow the BATF to ignore the NFA's registration and taxation provisions, thereby transmuting the NFA into a second, and perhaps a more easily enforced, criminal ban on the mere possession of machine guns.

According to the Supreme Court, then, citizens do not violate the NFA solely by possessing unregistered machine guns: they must actually fail to register those weapons. And it is apparent--at least to me--that the failure to register and pay the tax on a firearm cannot be a prosecutable criminal act when the government refuses to accept the appropriate registration documents and tax payments even though the applicable registration and tax payment provisions remain "on the books." I find neither authority nor mandate for us to rewrite the NFA to criminalize mere possession of machine guns. Yet without such an act of judicial legislation, I can see no way for us to sanction enforcement of the NFA as it applies to ownership of machine guns manufactured after May 19, 1986. Convicting Ardoin of violating statutory provisions with which he cannot comply strikes me as offending fundamental fairness and thus due process. "One simply cannot be criminally liable for failing to do an act which [one] is ... incapable of performing." For this reason, too, I believe that Ardoin's conviction should be set aside.

This is way beyond horseshit. Yes I follow his channel for entertainment and he can be sort of a goober but God damn fuck the AFT

Kinda like they let everyone go that they try to prosecute for 80% lowers, since an AR lower is not a firearm and a lower receiver itself doesn't qualify as a firearm per the statutory definition, and they let those cases get dropped so as to avoid a precedent.

Which is why they are trying to redefine firearm, rifle, readily, etc. in their unconstitutional new proposals on 80% lowers and AR pistols.

What a bunch of underhanded low-life scum...

But only their leadership and the agents that enforce all of the unconstitutional laws.

Why was he withdrawing so much money every day? I had no idea an SOT made money.

You know the IRS only started accepting 2021 tax forms a few days ago, right?  
And they aren’t late until after 15 Apr 2022, right?

Oh wait, you don’t give a shit. You want to paint him as an idiot criminal because that’s what you do to gun owners.

Right?

And the Amish apparently.

https://lancasteronline.com/news/local/atf-agents-seize-guns-from-leacock-township-property-amish-farmer-admits-sales/article_736a4096-7e25-11ec-9b81-c73a25950798.html

Thanks for the response.  This deserves more investigation, and suggests a means to overturn the unconstitutional NFA, at least in part if not entirely.  I will reach out to GOA and others to see if there is an interest on their part.  Maybe FRT can also use this info.

The ATF should be in jail not him

"First amendment rights" and saying something which may incriminate you criminally are not mutually exclusive.

It's become the edgy thing lately to skirt the NFA line as much as possible, that tactic has backfired for many in the past and will continue to do so in the future.

And yet I still don't hear that distinctive sound of covers being popped off.


H

This is a typical fed move to take away the ability to pay for your own good defense lawyer. Which is why they seized all of fla guys shit from the git go

Auto keycard guy in fla was getting raped by having to use a public defender. Which would have become a slam dunk loss for that feller.

So YouTube guy starts raising money for fla guy to have a private lawyer that actually works on his behalf.  

Thus fed needed to shut down the revenue stream for qualified private lawyer. Presto click YouTube guy to shut down defense fund money stream and publicity in case and force back into use of corrupt public defender

If it were in any way remotely possible to charge YouTube guy they would have done it when this shit all first started. Would have been two raids not one.

And at some point the SC is going to neuter chevron deference and they will lose all their toys.

Yes, them.  
The ATF agents who work to uphold our Constitutional rights and UNDERMINE theIr low-life scum associates receive my heartfelt thanks and qualify as patriots.  May they ever increase in numbers until they bring down the ATF from within and successfully have the agency abolished.

GOA is well aware of these cases. Currently, courts just follow the US Attorney without critically evaluating the case and the law. That is potentially one of the things about Trump appointed judges - a chance to put this legal reasoning into 2A cases like Judge Benitez does. And then gets overturned by the 9th. We win by winning at the appeals court level. Note that when the US appeals to SCOTUS, they tend to take the case, and there is where the odds of a favorable outcome have increased in the last year.

@Dova80
What we really want to know is if you were on the jury in this case, would you vote to convict on any of the charges?

One more violation of God given rights by a tyrannical government agency.

Are NFTs of drawings of machine gun parts illegal? Asking for a friend.

The ATF is out of control.

And  you're quite the fucker for posting the key card here. Now the website AR15.com is a lawbreaker as are all of us that have a copy in a cache in our computer!

Well if everyone in Gretchen Whitmer's "kidnapping" was, then yes....

But enquiring minds want to know... how many people would you turn in?

Pretty sure it was an ammendment not an act... since apparently details and accuracy matter to you.