A Houston, Texas-based lawyer specializing in Second Amendment law said the story of an Oklahoma man who had 50 guns confiscated is indicative of the new “zero tolerance” policy of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“They want to make the right to keep and bear arms as difficult as possible,” Richard D. Hayes II told The Epoch Times.
The ATF is offering Russell Fincher less than 2 percent of the estimated value of the guns (according to Epoch Times research) they took during a June 16, 2023, raid on his Tuskahoma, Oklahoma, home.
“This is not the America we signed up for,” Mr. Fincher told The Epoch Times.
The ATF did not respond to a request for comment.
According to Fincher, seven carloads of armed ATF agents raided his property on June 16. They handcuffed him and questioned him and his 13-year-old son before taking 50 firearms. His son was not handcuffed during the operation.
“[The ATF] said they haven’t decided whether to charge me yet,” he said.
Mr. Hayes said it is almost certain that the ATF has some criminal charge in mind. Stressing that he had not seen the search warrant, he said he could only answer general questions. But he also pointed out that as a practicing attorney he is familiar with how the ATF operates.
Paying For Evidence?
“We have had some creep in warrants,” he said. “I imagine a court authorized the seizure of all those firearms.”The ATF sent Mr. Fincher a list of the 50 confiscated firearms. The agency offered to pay $10 for each gun he voluntarily forfeits. He expressed some confusion over the offer.
“When did the police start paying people for evidence?” he asked.
The Epoch Times researched the guns on the list through online gun sales and conservatively estimated the value of the firearms to be about $35,700. This makes the ATF’s $500 offer 1.4 percent of the estimated value.
Lower Receivers on the List
For example, a Winchester 1906 Rifle was listed as low as $500 for an older rifle with significant wear and as high as $2,000 for a mint condition gun.Since it is unknown what condition Mr. Fincher’s rifle was in or what he paid for it, The Epoch Times set a value of $1,250, the midpoint in the $500 to $2,000 price range. Similar estimates were made for other firearms on the list.
It is also interesting that the list includes two AR-15 lower receivers. While they only bring $160 online, the significance is that the ATF classifies the gun parts as firearms even though they are incapable of firing any shots.
The lower receiver is the bottom half of an AR-15 rifle and includes the stock, trigger assembly housing, the magazine well, and the pistol grip.
It does not include the bolt, firing pin, barrel, gas tube, or other parts necessary for a functioning rifle. The ATF has changed the definition of a firearm to include the lower receivers, which places them under its jurisdiction.
Mr. Fincher said the agents didn’t take all his guns. He said they appeared to be selecting certain firearms.
“They were going through the gun safes saying, ‘Oh man, look at this one,’ or, ‘Hey, look at this,’” Mr. Fincher said.
Mr. Hayes said the fact that they left some firearms with a person they ostensibly believe is guilty of a crime is “puzzling.” But, he added that the agents likely didn’t choose what to take and what to leave behind haphazardly.
“There might be an explanation for it,” he said.
Authority Set By Statute
The inventory list includes the statutes that provide the authority to seize the guns. The statutes allow the seizure of property for unpaid taxes, customs law violations, failure to properly document firearms transactions, providing guns to minors, trafficking firearms, committing crimes with guns near a school, and a laundry list of other offenses.The laws also outline what the agency can do with the seized firearms. This includes selling them, destroying them, giving them to other agencies, and even using the guns for their work.
One of the laws allows an agency to pay an informant 25 percent of the appraised value of property seized up to $250,000. This is especially interesting in light of Mr. Fincher’s encounter with an ATF operative.
Days before the raid, a man was in Mr. Fincher’s small store in Clayton, Oklahoma. He said the man, who had a large tattoo on his neck, was acting “weird.”
Can’t Sell Guns To Felons
“I told him I would not sell him a gun because that’s illegal. I can’t sell guns to a convicted felon,” Mr. Fincher said.The man bought a box of ammunition and left.
The would-be gun buyer called a couple of days later and tried again. Mr. Fincher refused again. The agents that raided his property asked him why he didn’t sell the self-identified felon a gun, confirming the ATF had sent him, Mr. Fincher said.
Mr. Hayes said that it is illegal to sell ammunition to a felon. However, he isn’t sure that provides the legal justification for seizing 50 guns.
“You have to seize items that are relevant evidence in the case. There has to be some nexus or causal link to the crime he’s suspected of committing,” Mr. Hayes said.
And that may lead to an answer to why the ATF is offering to buy Mr. Fincher’s guns.
The law states that if no charges are filed or if the person is acquitted, “the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of firearms or ammunition would place the owner or possessor or his delegate in violation of law.”
If Mr. Fincher agrees to forfeit his guns, the ATF will not be obligated to return the property. According to Mr. Hayes, once the ATF seizes a firearm, it is loath to return it.
Mr. Hayes said home-based federal firearms license holders must be vigilant and meticulous in conducting business. He said every gun show has a sizable contingent of ATF agents looking for possible law violations.
“You always want to follow best practices. You can’t bury your head in the sand,” Mr. Hayes said.
“Once you get on [the ATF’s] radar, it doesn’t take a lot to draw extra scrutiny.”
