Suing the BATFE

[Aszerigan]

A lawsuit against the BATFE for violations of Second, Fourth and Fifth amendment rights was filed by us in Indiana Federal Court, Southern District today at 12:03pm.

Also named in the suit were Eric Holder, Jr and B. Todd Jones. Looking forward to seeing them in court.

Second Amendment Violations: Infringing upon the rights of citizens to keep and bear arms by illegally retaining and not returning property that is legally owned by the company.

Fourth Amendment Violations: Firearms unreasonably seized and not returned, held for unreasonable amounts of time without charging defendants in our theft case with a crime. (illegal seizure)

Fifth Amendment Violations: Lack of due process in the confiscation of our legally owned and registered property. Lack of compensation for the seizure of property illegally held by the BATFE.


Will update this thread as the case progresses.

 

[squidvt]

Flagging for follow up.

 

[17 squirrel]

You Dundock Merlin boys sure have Grandé Webbos..


Kidding aside my friend, GoodLuck.

 

[calcot7]

So now we know the real reason B. Todd Jones resigned as the director. Outstanding and good luck, hope all works out well for you.

 

[bradmedic04]

In it for the long haul.

 

[Woobie]

 

[warthog]

God Bless You for this and if I am aboe to do ANYTHING to help the case, paperwork or ANYTHING, please let me know. I am ready willing and bale to help and I am not seeking anything but JUSTICE. I will call and give you my contact information if you don't have it still. I mean it too, ask and it shall be done.

 

[LockStocksAndBarrel]

Good luck!

 

[lovemywoods]

Thank you for sharing your legal journey with INGO. So sorry you have to work so hard and spend so much just to have what is yours returned to you.

Hoping all the best for you.

 

[ArcadiaGP]

Indianapolis gun store sues ATF for keeping recovered firearms

Indianapolis gun store sues ATF for keeping recovered firearms

An Indianapolis gun store that was robbed is trying to get its inventory back, but not from the robbers.

In a handwritten complaint filed in an Indiana federal court last week, Andrew Hall, owner of Profire Arms and Supply, alleges the Bureau of Alcohol, Tobacco, Firearms and Explosives will not return firearms agents recovered from the suspect who robbed the store.

 

[BiscuitNaBasket]

Yep. Been keeping track of this on Facebook

 

[wizardfitz]

I'm curious about the suspect. Arrested in 2006 for a dui causing death and he's out on the street in 2014?

 

[ChalupaCabras]

If he was sentenced to less than 20 years, then yes, under Indianas OLD penal laws, he could have been out in 8 years or less with good behavior.

Old law says you got a 'day for a day' - basically, you were eligible for parole after 1/2 of your time had been served, and if your behavior was good then they usually granted it. Law was recently changed to a much higher percentage of time 75% or 85%, I forget which.

So yes, basically, If he was sentenced to 10 or even 15 years for a negligent death or something, then he could have easily been out in time to do this robbery because he would have only been locked up 5 - 7 years for it under our old laws.

 

[Frost49]

This doesn't seem to be a 2A violation as the store owner states in the article. They aren't keeping him from bearing arms, they are just keeping his store inventory from him. What did he expect when he left that many guns and that much ammo in a trailer to be hooked up and driven away. It will remain "evidence" as long as the ATF wants it to be. Just my

 

[jon5212]

^^^ Think the issue is the ATF does not own that property, Profire does.

 

[Double T]

This doesn't seem to be a 2A violation as the store owner states in the article. They aren't keeping him from bearing arms, they are just keeping his store inventory from him. What did he expect when he left that many guns and that much ammo in a trailer to be hooked up and driven away. It will remain "evidence" as long as the ATF wants it to be. Just my

the trailer was secure. Had security in place. Someone cut the multiple locks and stole the trailer. Will you be so callous if you were to leave a gun locked in your car, someone breaks the window, cuts the cable, and then steals the "safe" to work open later? I don't think so. The weapons, ammo, and suppressors were secure.

 

[singlesix]

. nevermind dupe thread

 

[Fishersjohn48]

https://www.indianagunowners.com/forums/profire-arms-supply-llc/378976-suing-batfe.html

 

[Frost49]

As I said, my point of view. How they got stolen is a mute point anyway. The fact that he is claiming a 2A right violation in his court case is what my post should have included only. I understand it is not the ATF's property, but if the case is still "active" then the "evidence" isn't going to be released. If and when they take the thief to court, the evidence will be used I would guess. It would be no different from 1 gun being used in a shooting. You wouldn't get your firearm back until the case had been resolved either in a court case or cleared by the authorities.

 

[bocefus78]