Recieved this today so am posting it.I don't know what to think as of right now.Does anyone have more info ?
We sent this out as a stand-alone email
in hopes it would reach all of the nooks
and crannies of the internet where we've
been attacked by people who are convicting
a gun dealer before he is even charged --
in defense ATF gun confiscations.
Please forward.
In Defense of an ATF-Assaulted Gun Dealer
In Defense of an ATF-Assaulted Gun Dealer
In Defense of an ATF-Assaulted Gun Dealer
Also found on the web here:
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=980
by Angel Shamaya
Director, KeepAndBearArms.com
http://www.KeepAndBearArms.com
December 5, 2000
Jerry Michel's Specialty Firearms in Mesa,
Arizona was raided on October 10, 2000, when
the Bureau of Alcohol, Tobacco & Firearms
confiscated 274 guns valued at over $300,000.
Items taken from Mr. Michel included his entire
business inventory, his entire personal
collection other than the two guns on his
person (including antiques, black powder guns
and guns he'd owned since he was a child), guns
he held on consignment, and guns he was storing
for an ailing friend. Mint condition collectibles
were removed from their boxes and thrown,
unprotected, into a trash can with other guns.
(Previous reports linked below.)
The dealer whose entire life was turned upside
down has yet to be charged.
When he was raided, the agents said they
were taking his life's collection -- thus
ending his 14-year business -- because he
violated a Mesa city ordinance requiring a
$100 pawn permit. They also alleged he'd
made strawman sales.
To my knowledge no local media covered the raid,
and KeepAndBearArms.com is the only group that
reported on the events besides Neal Knox's Report.
I wrote our reports, and they were quite
inflammatory. Volatile, actually. Given the
circumstances, and in the opinion of those aware
of all the details of the case, rightfully so.
But another organization, ignoring invitations
to talk to the dealer or his attorney, acquired
and published the search warrant affidavit and
the statements of probable cause that ATF had
used to get the judge to sign on. Mr. Michel's
attorney had requested that the full affidavit
not be published for several reasons, like the
fact that it contains false statements.
It didn't make sense to publish government lies
and help turn Mr. Michel's own community against
him. If it hadn't been for that we'd have
published it ourselves. The other group didn't
care.
Now that group has taken sides with the ATF,
calling Mr. Michel "a bad guy, a felon, a draft
dodger" and worse. But Mr. Michel maintains his
innocence against all charges. And he can prove
there are false statements on the affidavit. He
had and still has a clean record, even a clean
driving record.
David T. Hardy, a renowned 2nd Amendment attorney
who wrote the definitive Law Review of the Gun
Owners Protection Act (complete with 521 footnotes),
has enthusiastically agreed to represent Mr. Michel.
Mr. Hardy told me,
"I know exactly how we're going to win this."
He knows the Gun Control Act of 1968 as well as
anyone alive, and he showed me several holes in
the warrant. Two of them appear to be gaping.
I asked Mr. Hardy, "Is there anything else you're
willing to let me say about this?"
"Sure," he laughed. "The agent in charge, well,
let's just say he's not going to like realizing
how bad he screwed up."
Mr. Hardy hasn't seen such a helpful case against
ATF, "since we won those cases in the late 70's
and early 80's. It's time to put them in check
again, and this case will help."
But the leader and leading members of the group
siding with the gun confiscators have had this
to say:
"In my opinion, the arrest and confiscation of
Michel's inventory was entirely justified by
law....there is no question the warrant was
justified..." B.E.
"[Jerry Michel]...is a draft dodger and person
who apparently routinely violates and circumvents
the law...made sales in violation of federal and
local laws on numerous occasions to undercover
officers...Jerry Michel is a bad guy...a felon..."
B.E.
"Nobody in Arizona is mourning for Jerry Michel."
J.H.
"I am not familiar with Jerry's case other than
what Shamaya has written and the affidavit
contents, and have no reason to contact him or
his attorney...I couldn't care less about the
outcome of the criminal proceedings...Angel was
wrong..." L.P.
These folks have taken to calling me names like
"liar", "Judas", "demon", etc. Attacking on ATF's
behalf, some of them even stooped to making fun
of my name. Their attacks have been public, and
they've gone to fellow leaders in the gun rights
movement to convince them that I'm a "greedy" cop
hater, "getting rich by feeding the anti-cop
flame."
I don't hate cops. In fact, I routinely thank
them for putting themselves on the line when I
meet them, and we've published a great many
articles from police officers on our site. And
considering that I just moved out of a 3350
square foot dreamhouse and into an apartment,
if this is what I get for a year of RKBA
"greediness," greed is overrated.
They also say I'm harming the gun rights community
by defending an innocent man rather than helping
them cover for the Waco Killers.
QUIZ
~~~~~
WHO do you think would SAY such things about a
gun dealer who has yet to be charged, who
maintains his innocence, who has proof of false
statements on the search warrant affidavit,
who's defended by one of the best attorneys in
the gun rights movement -- if this ever gets to
court?
1) Handgun Control, Inc.
2) Center to Prevent Handgun Violence
3) Arizona Citizens to Prevent Handgun Violence
4) Violence Policy Center
5) The Democrat Party of Arizona
6) The 2nd Amendment Police Department
The correct answer, unfortunately and curiously,
is #6. In the above quotes: B.E. stands for Bruce
Emmott, former NYPD; J.H. is Joe Horn, retired
LAPD; and L.P. is Leroy Pyle, Chief of the 2nd
Amendment Police Department -- an group I helped
found and promote. Joe & Bruce are Mr. Pyle's
right hand men.
We don't understand why they're defending gun
confiscators and condemning a gun dealer based
solely on an ATF document, before the victim has
even been charged. The few statements we've
received from them other than name-calling
haven't made sense.
We can only surmise that my inflammatory statements
about federal gun confiscators upset them. We
understand why active duty, pro-gun Law Enforcement
Officers might shy away from criticizing the ATF or
publicly affirming the duty of LEOs to honor their
oath to defend the Constitution by leaving illegal
laws and orders unenforced.
But why all this should upset retired, "pro-2nd
Amendment" LEOs, we do not know. They are retired,
aren't they?
We encourage RKBA activists not to condemn gun
owners and dealers before they're even charged.
We urge you to keep in mind that the vast majority
of Federal gun laws are unconstitutional to begin
with and enforcing them dishonors an LEO's oath to
defend the Constitution.
We encourage you not to believe everything you
see on BATF documents (e.g., Waco, Ruby Ridge).
And, finally, we encourage you to support gun owners
and dealers who meet the business end of unregistered,
taxpayer-bought, fully-automatic HK-MP5's arrogantly
wielded by gun confiscators.
We thought these things were self-evident, but it
looks as though we were mistaken.
QUESTIONS FOR THE "SECOND
AMENDMENT" POLICE DEPARTMENT
1) What is the definition of "infringe"?
For a Hint, click here:
http://www.dictionary.com/cgi-bin/dict.pl?term=infringe
2) Regarding the right of the people to keep
and bear arms, does the ATF ever infringe? If
so, how much, how often, in what ways and to
what extent?
3) Jerry Michel maintains his innocence. His
attorney says it's one of the best gun rights
cases since the late 70's/early 80's. We told
you all that, so why side with the ATF gun
confiscators and attacking the dealer?
4) What is YOUR definition of the "Second
Amendment" portion of your group's name?
5) Is it an act of lawlessness for a cop to
ignore an unconstitutional law? If so, what's
the point of having all LEOs swear an oath to
defend the Constitution of the United States?
6) What's the meaning of Marbury v. Madison
and how does it relate to the legitimacy of
unconstitutional acts?
7) What is the Nuremberg Defense and how does
it relate to the concept of "Just Following
Orders"?
8) Does an officer violate the oath to defend
the Constitution if he arrests a decent,
otherwise law-abiding woman for the "crime"
of carrying concealed for self-defense?
If anyone at 2ampd wishes to answer ALL of
these questions, in order -- without insults --
we will be happy to publish the answers. Many
people who've read their attacks against me and
Mr. Michel would like to read the answers to
these questions.
PREVIOUS REPORTS ON THE LATEST
ATF INFRINGEMENTS AGAINST THE
RIGHT OF THE PEOPLE TO KEEP AND
BEAR ARMS:
First
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=834
Second
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=854
Third
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=914
Mr. Michel is grateful for the few donations he
has received and has set up a P.O. Box to receive
more assistance from helpful Americans. Mr. Hardy
is so interested in this case he's offering to do
the legal legwork on his dime if necessary, but we
will also require a lead federal defense attorney
to do the filing and handle the court proceedings,
and they aren't cheap. Send checks, money orders,
cash or your credit card information to:
Jerry Michel
11518 E. Apache Trail, #117-10
Apache Junction, Arizona 85220.
Mr. Michel is the only one who checks the mailbox.
He has also vowed that, paraphrasing, if the ATF
gets wise to their mistakes and drops the case, he
will return every penny promptly. He also says he
will do his best to reply to everyone who writes
to him.
~~~~~~~~~~~
KeepAndBearArms.com is a member-supported
organization. You can sign up at:
http://www.KeepAndBearArms.com/custaccount
We also have pro gun internet access:
http://www.keepandbeararms.com/webservices/freemail/
Subscribe or unsubscribe at
http://www.KeepAndBearArms.com
We sent this out as a stand-alone email
in hopes it would reach all of the nooks
and crannies of the internet where we've
been attacked by people who are convicting
a gun dealer before he is even charged --
in defense ATF gun confiscations.
Please forward.
In Defense of an ATF-Assaulted Gun Dealer
In Defense of an ATF-Assaulted Gun Dealer
In Defense of an ATF-Assaulted Gun Dealer
Also found on the web here:
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=980
by Angel Shamaya
Director, KeepAndBearArms.com
http://www.KeepAndBearArms.com
December 5, 2000
Jerry Michel's Specialty Firearms in Mesa,
Arizona was raided on October 10, 2000, when
the Bureau of Alcohol, Tobacco & Firearms
confiscated 274 guns valued at over $300,000.
Items taken from Mr. Michel included his entire
business inventory, his entire personal
collection other than the two guns on his
person (including antiques, black powder guns
and guns he'd owned since he was a child), guns
he held on consignment, and guns he was storing
for an ailing friend. Mint condition collectibles
were removed from their boxes and thrown,
unprotected, into a trash can with other guns.
(Previous reports linked below.)
The dealer whose entire life was turned upside
down has yet to be charged.
When he was raided, the agents said they
were taking his life's collection -- thus
ending his 14-year business -- because he
violated a Mesa city ordinance requiring a
$100 pawn permit. They also alleged he'd
made strawman sales.
To my knowledge no local media covered the raid,
and KeepAndBearArms.com is the only group that
reported on the events besides Neal Knox's Report.
I wrote our reports, and they were quite
inflammatory. Volatile, actually. Given the
circumstances, and in the opinion of those aware
of all the details of the case, rightfully so.
But another organization, ignoring invitations
to talk to the dealer or his attorney, acquired
and published the search warrant affidavit and
the statements of probable cause that ATF had
used to get the judge to sign on. Mr. Michel's
attorney had requested that the full affidavit
not be published for several reasons, like the
fact that it contains false statements.
It didn't make sense to publish government lies
and help turn Mr. Michel's own community against
him. If it hadn't been for that we'd have
published it ourselves. The other group didn't
care.
Now that group has taken sides with the ATF,
calling Mr. Michel "a bad guy, a felon, a draft
dodger" and worse. But Mr. Michel maintains his
innocence against all charges. And he can prove
there are false statements on the affidavit. He
had and still has a clean record, even a clean
driving record.
David T. Hardy, a renowned 2nd Amendment attorney
who wrote the definitive Law Review of the Gun
Owners Protection Act (complete with 521 footnotes),
has enthusiastically agreed to represent Mr. Michel.
Mr. Hardy told me,
"I know exactly how we're going to win this."
He knows the Gun Control Act of 1968 as well as
anyone alive, and he showed me several holes in
the warrant. Two of them appear to be gaping.
I asked Mr. Hardy, "Is there anything else you're
willing to let me say about this?"
"Sure," he laughed. "The agent in charge, well,
let's just say he's not going to like realizing
how bad he screwed up."
Mr. Hardy hasn't seen such a helpful case against
ATF, "since we won those cases in the late 70's
and early 80's. It's time to put them in check
again, and this case will help."
But the leader and leading members of the group
siding with the gun confiscators have had this
to say:
"In my opinion, the arrest and confiscation of
Michel's inventory was entirely justified by
law....there is no question the warrant was
justified..." B.E.
"[Jerry Michel]...is a draft dodger and person
who apparently routinely violates and circumvents
the law...made sales in violation of federal and
local laws on numerous occasions to undercover
officers...Jerry Michel is a bad guy...a felon..."
B.E.
"Nobody in Arizona is mourning for Jerry Michel."
J.H.
"I am not familiar with Jerry's case other than
what Shamaya has written and the affidavit
contents, and have no reason to contact him or
his attorney...I couldn't care less about the
outcome of the criminal proceedings...Angel was
wrong..." L.P.
These folks have taken to calling me names like
"liar", "Judas", "demon", etc. Attacking on ATF's
behalf, some of them even stooped to making fun
of my name. Their attacks have been public, and
they've gone to fellow leaders in the gun rights
movement to convince them that I'm a "greedy" cop
hater, "getting rich by feeding the anti-cop
flame."
I don't hate cops. In fact, I routinely thank
them for putting themselves on the line when I
meet them, and we've published a great many
articles from police officers on our site. And
considering that I just moved out of a 3350
square foot dreamhouse and into an apartment,
if this is what I get for a year of RKBA
"greediness," greed is overrated.
They also say I'm harming the gun rights community
by defending an innocent man rather than helping
them cover for the Waco Killers.
QUIZ
~~~~~
WHO do you think would SAY such things about a
gun dealer who has yet to be charged, who
maintains his innocence, who has proof of false
statements on the search warrant affidavit,
who's defended by one of the best attorneys in
the gun rights movement -- if this ever gets to
court?
1) Handgun Control, Inc.
2) Center to Prevent Handgun Violence
3) Arizona Citizens to Prevent Handgun Violence
4) Violence Policy Center
5) The Democrat Party of Arizona
6) The 2nd Amendment Police Department
The correct answer, unfortunately and curiously,
is #6. In the above quotes: B.E. stands for Bruce
Emmott, former NYPD; J.H. is Joe Horn, retired
LAPD; and L.P. is Leroy Pyle, Chief of the 2nd
Amendment Police Department -- an group I helped
found and promote. Joe & Bruce are Mr. Pyle's
right hand men.
We don't understand why they're defending gun
confiscators and condemning a gun dealer based
solely on an ATF document, before the victim has
even been charged. The few statements we've
received from them other than name-calling
haven't made sense.
We can only surmise that my inflammatory statements
about federal gun confiscators upset them. We
understand why active duty, pro-gun Law Enforcement
Officers might shy away from criticizing the ATF or
publicly affirming the duty of LEOs to honor their
oath to defend the Constitution by leaving illegal
laws and orders unenforced.
But why all this should upset retired, "pro-2nd
Amendment" LEOs, we do not know. They are retired,
aren't they?
We encourage RKBA activists not to condemn gun
owners and dealers before they're even charged.
We urge you to keep in mind that the vast majority
of Federal gun laws are unconstitutional to begin
with and enforcing them dishonors an LEO's oath to
defend the Constitution.
We encourage you not to believe everything you
see on BATF documents (e.g., Waco, Ruby Ridge).
And, finally, we encourage you to support gun owners
and dealers who meet the business end of unregistered,
taxpayer-bought, fully-automatic HK-MP5's arrogantly
wielded by gun confiscators.
We thought these things were self-evident, but it
looks as though we were mistaken.
QUESTIONS FOR THE "SECOND
AMENDMENT" POLICE DEPARTMENT
1) What is the definition of "infringe"?
For a Hint, click here:
http://www.dictionary.com/cgi-bin/dict.pl?term=infringe
2) Regarding the right of the people to keep
and bear arms, does the ATF ever infringe? If
so, how much, how often, in what ways and to
what extent?
3) Jerry Michel maintains his innocence. His
attorney says it's one of the best gun rights
cases since the late 70's/early 80's. We told
you all that, so why side with the ATF gun
confiscators and attacking the dealer?
4) What is YOUR definition of the "Second
Amendment" portion of your group's name?
5) Is it an act of lawlessness for a cop to
ignore an unconstitutional law? If so, what's
the point of having all LEOs swear an oath to
defend the Constitution of the United States?
6) What's the meaning of Marbury v. Madison
and how does it relate to the legitimacy of
unconstitutional acts?
7) What is the Nuremberg Defense and how does
it relate to the concept of "Just Following
Orders"?
8) Does an officer violate the oath to defend
the Constitution if he arrests a decent,
otherwise law-abiding woman for the "crime"
of carrying concealed for self-defense?
If anyone at 2ampd wishes to answer ALL of
these questions, in order -- without insults --
we will be happy to publish the answers. Many
people who've read their attacks against me and
Mr. Michel would like to read the answers to
these questions.
PREVIOUS REPORTS ON THE LATEST
ATF INFRINGEMENTS AGAINST THE
RIGHT OF THE PEOPLE TO KEEP AND
BEAR ARMS:
First
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=834
Second
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=854
Third
http://www.keepandbeararms.com/newsarchives/XcNewsPlus.asp?cmd=view&articleid=914
Mr. Michel is grateful for the few donations he
has received and has set up a P.O. Box to receive
more assistance from helpful Americans. Mr. Hardy
is so interested in this case he's offering to do
the legal legwork on his dime if necessary, but we
will also require a lead federal defense attorney
to do the filing and handle the court proceedings,
and they aren't cheap. Send checks, money orders,
cash or your credit card information to:
Jerry Michel
11518 E. Apache Trail, #117-10
Apache Junction, Arizona 85220.
Mr. Michel is the only one who checks the mailbox.
He has also vowed that, paraphrasing, if the ATF
gets wise to their mistakes and drops the case, he
will return every penny promptly. He also says he
will do his best to reply to everyone who writes
to him.
~~~~~~~~~~~
KeepAndBearArms.com is a member-supported
organization. You can sign up at:
http://www.KeepAndBearArms.com/custaccount
We also have pro gun internet access:
http://www.keepandbeararms.com/webservices/freemail/
Subscribe or unsubscribe at
http://www.KeepAndBearArms.com