Are “80%” guns really guns? |
17th December 2006
I know that I am probably sparking a huge debate but follow along with me for a little while….
Here in Dillon, the issue is being forced because of a case involving a local manufacturer being “raided” and having his operation being shutdown. For those that haven’t heard, a number of months ago, members of the FBI, the ATF, and (for some reason) some Canadian Officials decended upon “RT Ordnance”, an “80%” gun manufacturer run by Richard Celata in Dillon. In that raid, they seized tools, paperwork and weapons belonging to the manufacturer - effectively closing the doors to his business. The warrent was sealed and at the time, not even the owner of the business knew what the reason for the raid was.
According to an article in the Dillon Tribune last week, the Federal Agencies have now attempted to claim title to the weapons seized in the raid. Celata still hasn’t been charged with anything.
Because the Dillon Tribune doesn’t archive thier online articles, I will quote the article -
By J.P. Plutt
Dillon Tribune staff
Dillon’s Richard Celata received an answer from the U.S. Attorney’s office on what the federal government intends to do with materials seized during a raid on his shop June 7 of this year. In a complaint filed Dec. 1 in U.S. District Court, Assistant U.S. Attorney Paulette L. Stewart asks that four weapons seized in the ATF raid be forefeited in rem.
In rem is a technical term used in a suit in which the purpose is to claim title to the property. The complaint describes weapons confiscated during the raid in which two federal agencies – the FBI and Alcohol, Tobacco and Firearm, as well as Canadian officials — descended on KT Ordnance, an “80 percent” gun manufacturer located at 382 Adams Lane.
The 24-page complaint describes facts and circumstances surrounding the case beginning in 2003 when Celata resided in New Hampshire. Numerous references to undercover agents and alleged illegal activity fill the nearly 47 statements of facts and circumstances in which the government has built a case against Celata.
“What they are going to do is split up the charges and extradict me here in Montana and then next in New Hampshire,” said Celata on Tuesday. “They told me by this Friday a Federal Marshall would be showing up to arrest me.”
Celata thinks he will be charged with manufacture and distribution of a firearm without a license. He feels the “arbitrary language” used in the document avoids the true nature of his product.
“If they can’t make toast, it’s not a toaster,” said Celata.
Now this brings up a couple of questions…
1) I thought Montana had passed an amendment to the Montana Constitution that prevented Federal agencies from seizing guns etc from Montana Citizens. How did they get away with it here?
2) Why hasn’t Celata been charged? His business was halted months ago, the Federal Government has siezed his property (and now appearently wants to keep it…), and yet he has not even had a chance to answer the accusations against him.
Perhaps the biggest question raised by this case is - Is an “80%” gun really a gun? Our firearm laws say no but it appears that the Federal Government wants to change that…
I will be watching this case as it unfolds. As an aspiring gunsmith, this case could heavily impact me as well as hundreds of other Montanans.
Moorcat
I read about this right after at happened. This is the report that I first saw. Take it for what it’s worth.
Man Raided By FBI, ATF, Canadian Law Enforcement After Handing Out ‘Subversive’ Alex Jones Material
Gun seller questioned on militia, ownership of George Washington speeches
Paul Joseph Watson & Alex Jones/Prison Planet.com | July 6 2006
RELATED:
List & Photo of Materials Considered Subversive by the BATF, FBI, & Canadian Law Enforcement
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Virginia Training Manual Lists Property Rights Activists As Terrorists
A Dillon Montana man had his home raided by 40 FBI, BATF and Canadian law enforcement agents after handing out Alex Jones’ material to his local Sheriff which was subsequently deemed ’subversive’.
Richard Celata sells 80% completed firearms kits intended for purchasers who want to avoid having to register their weapons in government databases. The kits are completely legal in Montana.
Celata was politically active in disseminating the material of Alex Jones and others in his area, including handing out material to his local Sheriff.
“On Monday morning the Sheriff called me and said, I’ve read all your stuff, I would like to speak to you on Wednesday, could you come in,” Salada told GCN radio host Jack Blood.
Celata said he thought the scheduled meeting on Wednesday was strange because there was an election on the Tuesday and the Sheriff wouldn’t have known whether he’d still be in office or not.
“Wednesday morning I get a phone call saying ‘I lost the election and it’s even more important that we have our meeting than it was before’.”
Celata collected material he had previously handed out to the Sheriff and traveled to his office.
“I walk into the room and there’s way too many people in the Sheriff’s office,” said Celata.
Celata said he knew he was in trouble as he was introduced to BATF and FBI agents and handed a search warrant and a promise that his premises were going to be raided.
“I read the search warrant and low and behold there’s no signed affidavit,” said Celata.
Celata told the Sheriff that the search warrant was therefore void to which the FBI and BATF responded that the affidavit was secret and sealed by the court.
“Now they can make up the affidavit to match what they found if they want to,” said Celata as he was told that the agents would carry out the search anyway.
Celata was then escorted by an estimated 40 FBI, ATF and Canadian law enforcement agents to his property. Salada asked if he could call his wife so as to enable her and their two small children to leave the property before the SWAT team arrived but was refused on the grounds that he was giving her a secret code to destroy evidence. However, the Sheriff allowed the call to be made and the family was able to leave. At no point was Celata shown any identification by any of the agents.
The cadre of agents, which now included Canadian AFT agents, then began the process of methodically cataloguing and seizing Salada’s possessions - bizarrely urinating on the exterior of the property ignoring the two bathrooms located inside the building.
Celata was told, without being shown any supporting evidence, that five of the pistols he had sold were used to commit murders in Canada.
“I said look, guns don’t kill people - people kill people,” said Celata.
Following the raid Celata was questioned on his ownership of a Citizen’s Rulebook, speeches by George Washington and Alex Jones’ books and videos. He was asked why he read and listened to them and if he believed them.
The agents asked Salada if he was in a militia or if he knew anyone that was. Salada had previously sent out material asking why Montana didn’t have a state organized militia when it was required by law.
The agents then specifically asked Celata about specific individuals in the freedom movement, including JPFO’s Aaron Zelman, author Devvy Kidd and constitutional attorney Edward Vieira. The only way the agents could have known about Celata’s interest in the work of Kidd and Vieira was if they had gained access to his e mail.
After this three hour interrogation the agents took Salada’s entire inventory of 80% finished frames, copied his computer hard drive (causing the computer to break down), and left.
A similar article appeared in the Dillon Tribune in June when this all went down. I will see if I can find it.
As to the particulars, I have a number of questions…
1) Why did Sheriff Briggs allow the search when it is in violation of the Montana Constitution?
2) What are the actual charges that have been levied against Celata?
3) Under the constitution, even seized property is still the property of the individual. Why hasn’t this property been returned to Celata or at least charges been filed to justify it’s value as evidence?
This entire escapade stinks to high heaven. Celata was not allowed to know why the search warrent was served and it appears that no justification is forthcoming now.
If Celata broke laws, he should have to answer for them. If all he did was engage in an activity that the BATF and FBI want disagree with but is legal, they can piss up a rope. The man has rights…
Moorcat
1) He probably had no choice. I seriously doubt a small town (Dillon) law enforcement official has the balls or the desire to stand up to the BATF or FBI.
2) That’s the rub. Without charges and a trial, it’s nothing more than enforcement through intimidation. It sets a nasty precident, if not challenged. Where’s the ACLU when you need em?
3) Again, precidence being set just because. If they had legitimate charges and evidence, they would use it. When gov’t agencies conduct themselves in this manner, it’s because they believe they have the authority to do so because they say so.
Well, welcome to life under the Patriot Act gentlemen. Turns out that they don’t have to say a damn thing about why/how/who of any raid if they don’t want to.