From the July 2005 Idaho Observer:

You may be at risk for entrapment in an ATF regulatory scheme


Private gun buyers/sellers

Per Title 18, Chapter 44, Section 922, it is "unlawful for any person" living in one state to sell any firearm to any person living in another state.

Thousands of people every year commit this simple act without any criminal intent. The Bureau of Alcohol, Tobacco and Firearms (ATF) knows that thousands of people each year sell hand guns and rifles to people living in different states— irrespective or unknowingly in violation of the "law." But the agency only selectively enforces the law and does not advertise its existence. This encourages people to (either knowingly or otherwise) be in common violation of the law.

This is just one selectively-enforced law laying in wait for gun owners. Understanding the ATF and the true purpose of its mission as a sub-agency under the department of treasury will help us to understand why it prefers to tacitly encourage unsuspecting gun owners to commit a crime potentially punishable by 5 years in prison and a $250,000 fine—per count.

ATF alert!

Kurt Wilson of Survival Enterprises in Post Falls was at the Reno Gun Show in April, 2004, doing what he has done, as a federally-licensed gun dealer and manufacturer, for a decade—buying and selling guns at this show in both his private and licensed capacity. Without warning he was set up by an ATF informant at the show while, simultaneously, his shop in Idaho was raided by ATF agents.

Wilson, who has held a Federal Firearms License (FFL) in good standing for 25 years, was suddenly charged with a multiplicity of felonies in two federal districts. For simply buying a gun, like he had done hundreds of times before, Wilson was looking at spending the rest of his life in prison.

Ultimately it was determined that all of the charges against Wilson in Idaho were maliciously manufactured on illegally obtained evidence that had been altered and were dismissed. The Nevada charges, equally bogus, were dropped if Wilson pled to the least of all the charges. Threatened with the promise that failure to accept the plea would result in the U.S. attorney filing a slew of charges against his wife and son, who also work at the family business, Wilson took the plea.

According to Title 18, Chapter 44, Section 922 of U.S. Code: "It shall be unlawful...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

In other words, it is illegal to sell, trade or give (as a gift) a firearm to anyone who is not a resident of your state and it is illegal to transport (take across state line) and then sell, trade or give (as a gift) a firearm to anyone who is not a resident of your state. It should also be noted that the clause, "...or has reasonable cause to believe does not reside in..." really means, "If the ‘government’ determines you had reasonable cause to believe does not reside in..."

A part of the ATF’s decision to persecute Wilson is undoubtedly tied to his publicly voiced opinions about government, which is supported by Wilson’s military experiences and his background in surveillance, intelligence, world history and alternative health.

Wilson claims that the ATF was formed in 1972 as part of the conspiracy within the federal government to expand its "authority" to confiscate property from people. The publicly stated purpose of the ATF is to help dealers comply with the slew of new gun laws that came in with the Gun Control Act of 1968. "The real mission of the ATF is to destroy commerce in guns between citizens," Wilson said.

Wilson explained that history has shown that for governments to subjugate the people they must control five things: Weapons, medicine, food, transportation and communications. "We can see how federal agencies have gained control of each area, the ATF is the agency in charge of weapons," Wilson explained.

Wilson has known for years that "government" has become the enemy of freedom and cannot be trusted to protect our rights. But what makes him angry is how people sidle up to the feds to help them do their dirtywork.

"To a certain degree, all gun show owners/promoters know about this and other laws that hang like the sword of Democles over the heads of gun owners—but they won’t tell anyone because it would scare people away. They know who the agents are and even invite them into the shows because the ATF awards them with 10 to 20 percent of the take when the property of a ‘violator’ is seized and later sold at auction," Wilson explained.

Wilson described how Reno Show owner Louis Fascio asked Kurt to put more guns out on his table to increase the value of items Fascio apparently knew the ATF would be seizing a few hours later.

"The applicable sections of 922 ought to be posted outside every gun show so that people will not be caught unawares when the federal government decides to selectively enforce this law," Wilson concluded.


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