"Imagine
having your driver's license revoked because you did not completely
spell out the word 'no' when answering a 'yes' or 'no' question on your
application five years ago," his petition asks.
He
told WND the inspectors begin with efforts to locate any petty
violation they can, usually clerical mistakes. "They list these errors
as 'willful' which Congress set in the wording to protect FFL dealers,"
he said. "The dealer's Federal Firearms License is then revoked and the
dealer must enter an appeals process which is extremely unfair."
He said
essentially the appeal of a ATF decision goes directly to the people
who originally made the decision.
"This
is the equivalent of being in court and having the prosecuting attorney
act as an adviser to the judge," Horsley said. The result forces the
business, if owners want to continue operating, to sue in federal
court.
Pratt
told WND, "the power that has enabled ATF to take away people's
licenses to do business" continues unabated.
Pratt
said many gun dealers were closed down when Congress allowed local
municipalities to recommend denial depending upon the location of the
gun dealership.
And
he noted a family gun business that had been operation in Baltimore,
Md., for years was attacked because of the "wanton, repeated crime" of
abbreviating Baltimore as "Blto" on the "teeny, tiny spaces on the
forms provided by the teeny, tiny little minds."
The
agency holds, he said, a "continuing animas against gun owners and
dealers."
The
inspectors have no handbook under which to operate, and the absence of
such written procedures allows them to be arbitrary and capricious.
Horsley
described to WND his experiences with those very actions.
The
ATF inspection of Red's in 2000 discovered various paperwork
violations, he said, just shortly after he arrived to take over the
store, mistakes such as a customer failing to write down the county in
which he lived.
In
2001, "they couldn't find any violations," he told WND. A few other
minor problems were found later, including a failure to put up a
poster.
"I
wasn't alarmed because this agent … had told us we were one of the best
small gun shops he'd ever seen," Horsley told WND.
Then
early in 2006, "We get a letter that 'We're [ATF] revoking your
license,'" Horsley said. "I just came unglued. I couldn't believe it."
After
an expensive appeal process within ATF, he ended up with the same
result, and sought out a lawyer for the federal court challenge.
During
the appeal process, the penalty had been delayed, so the store could
continue its business. But once the federal court challenge was filed,
the ATF announced that the store now was a "threat to public safety"
and no longer would be able to acquire firearms.
Horsley
told WND he still was allowed to sell whatever he had, but couldn't
purchase more stock. His stock plummeted from 1,000 guns to 160 and two
workers were laid off before an emergency run to federal court obtained
a ruling from U.S. District Judge Edward Lodge that allows the store to
continue operations – for now.
The
judge found "the ATF speaks of violations found during the inspections
of 2000 and 2005, but fails to reveal that additional investigations in
2001 and 2007 revealed no violations or problems."
The
judge also noted the ATF was exaggerating the situation by "double
counting" some violations.
Horsley
said the key issue is that the inspectors make the determination that
any errors were "willful." He said the first inspection results in a
warning for whatever clerical errors are found; then the next
inspection makes the assumption any errors are willful, even if none of
the original mistakes was repeated.
Horsley
said one inspector told another – in front of a store worker who noted
the exchange, that, "We're going to keep doing this until we find
something."
He
said the number of gun dealers dropped from 1994-2005 by nearly 80
percent and revocations are up nearly six times from 2001-2006. The ATF
declined to share information on cases with WND, citing the
confidentiality required in an open investigation.
But on
a blog on his store's website, Horsley described one situation that
happened just a few weeks ago:
The
ATF came in yesterday at about 10 a.m. and stayed until around 6 p.m.
attempting to find violations to submit to the judge. They did give us
a pass on one of the violations. A customer wrote his middle initial
instead of a full middle name. We let them know that the customer does
not even have a middle name and only an initial. They still told us
they would let that pass. So, I am overflowing with gratefulness right
now.
I
questioned Linda Young (the Area Supervisor) on the last violation that
we did not have our records in PERFECT alphabetical order, stating that
if you wanted to read the policy literally then we should have to keep
all of our records in full alphabetical order and not separated by year
despite this being the way nearly all records are kept by dealers. She
agreed and then stated that she had the authority to overrule
procedures and policies. When I brought up the issue that [an] ATF
Inspector ... advised us to keep them in the previous order that we
were cited for, she then stated that inspectors did not have the
authority to overrule procedures and policies.
Why
was [the inspector] not cited or suspended for providing us incorrect
information? We were cited for a violation on incorrect information.
He
continued: "This is not just happening to us though and is becoming a
common trend throughout the United States … Why would we honestly put
our license, reputation and over 70 years in business in jeopardy? We
would never condone of illegal activity, we have always gone above and
beyond what is asked of us and will continue to do so."
Horsley's
store, meanwhile, has paid about $70,000 in legal fees so far to avoid
his only other option – to lock the doors and go away.
And
Pratt said such actions – and expenses – are common.
One
dealership in Texas already has paid about $600,000 in fees and
expenses to fight to retain its license. That case started with the
complaint that bullets from a shooting range near the store were
polluting groundwater – even though no test ever had been done to
confirm that.
Meanwhile,
the publicity campaigns and stunts arranged by high-profile activists
opposed to guns continue to muddy the water by making unsubstantiated
allegations about gun dealers, they noted.
Jesse
Jackson recently appeared at an anti-gun rally outside a gun shop in
the Chicago area, a shop that has been targeted multiple times. The
protesters have claimed weapons sold at the store have been used to
commit murder.
"We
must turn our mourning into marching," Jackson said. He was joined by
the mother of Blair Holt, 16, who died in a gunman's rampage on a bus.
"To
all those people watching me: It could be your child next. So, you
better stand up and do something now," said Annette Holt.
Jackson
compared gun retailers to the insurgency in Iraq.
"These
guns are killing police, civilians, they're killing our children," he
said. "In Iraq, they'd call that an insurgent's base."
Rebecca
Hazen, however, had a different view. She and her husband for years had
run Blue Lakes Sporting Goods, also in Twin Falls, and competed with
Red's. They shut down after their firearms license was revoked just a
few months ago.
"No
government agency should have the right to take away our right to do
business," she wrote. "Without a gun license, we had no reason to
continue our business… I believe government has been unable to take
guns from the hands of citizens or sue gun manufacturers out of
business, so they will use government agencies to revoke licenses one
at a time until there are no stores to buy guns."
"I
encourage every gun owner to step forward and let their senators and
congressmen know how we feel about the ATF's power to revoke licenses
and close up businesses. The ATF should be stopped before there are no
guns left to buy. Let your voice be heard," she wrote.