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WI:Milwaukee Jury Troubled by Gun Muffler Case
Gun Watch ^ | 24 February, 2014 | Dean Weingarten

Posted on 02/23/2014 5:17:10 PM PST by marktwain

Fake gun muffler mounted on barrel

A case has been sent to the jury in Milwaukee, where the BATFE appears to have used a career criminal to entrap a citizen who is both a gun collector and a lawyer.  In many ways it is bizarre, because it is clear that the criminal worked very hard to get the citizen to commit an illegal act of buying what amounts to an ersatz gun muffler.  Under the BATF administrative rules, any device that can be attached to a gun, that decreases the sound by *any* amount, is considered to be a gun muffler, and is illegal unless the $200 tax is paid and the paperwork, which often takes months, if not years, to accomplish, is done.   This level of over regulation of what amounts to a safety device, has never been justified.  The "silencer" in this case only reduced the noise level from 147 to 141 DB.  It is doubtful that an ordinary person would be able to consistently notice the difference.   Given the BATFE's history of lying in court, I am not surprised that a jury would have trouble convicting Mr. Barrett, who was never in trouble with the law before.  There are lots of fake suppressors on the market.  From the jsonline.com:
A jury spent more than five hours Thursday deciding whether a lawyer and gun collector committed a crime when he bought a "hit man's gun" with an illegal silencer.

But jurors couldn't reach a verdict and will continue deliberating Friday.
Thomas Michael Barrett, 54, a Wauwatosa lawyer, was arrested in August 2011 during a reverse sting outside Mayfair Mall. 
Michael Barrett took the stand to defend his actions:
Barrett said as soon as he met Bond, he became a bit nervous that he was perhaps being set up to be robbed. He said he kept trying to do some "fast talking" to get out of the situation without upsetting Bond. He said he initially offered to buy the gun without the silencer for more than Bond had been asking.

But Bond kept insisting Barrett should buy both and then offered to sell them for $400, well less than the $600 they had discussed over the phone.

"I didn't want to piss him off," Barrett said. "He wouldn't take no for an answer."
I am interested in seeing how this case turns out.  Barrett is risking his entire career on this on principle.  I am sure he could have cut a deal, but he has refused to do so.  There seems to be some real doubt in the case.   Perhaps the storefront scandal in Milwaukee, that jsonline.com covered extensively, has produced a little well deserved skepticism of the BATFE and their operations.

Here is the only comment on the story so far:
I was cop for 25 years, and I wouldn't have convicted him. For 2 reasons: 1) 147 db reduced to 141 db this is still extremely loud, and still have a painfully loud "Report" If the silencer reduced the report from 147 db was down to 105 db then maybe I would consider it a silencer, and 105 db is still very very loud!!!
2) The test for entrapment is called the "origin of intent rule" Who came up with the request for the silencer first. If the government agent offered it first, then its entrapment. If the Atty ask for the silencer first then he's guilty. Then it should be a real silencer, down to 105 db or less...
This helps explain why police are routinely excluded from juries.  They know too much.

It is possible that there is a little jury nullification going on here. It is one of the strong checks on government overreach that has consistently been eroded for the past hundred years. Then again, perhaps this is simply a weak case.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch


TOPICS: Government; History; Politics; Society
KEYWORDS: banglist; guncontrol; silencer; wi
There is no justification to regulate gun mufflers any more than other firearm accessories, such as sights or stocks.
1 posted on 02/23/2014 5:17:10 PM PST by marktwain
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To: marktwain

So what would it be like if mufflers were removed from cars?


2 posted on 02/23/2014 5:22:39 PM PST by SkyDancer (I Believe In The Law Until It Intereferes With Justice.)
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To: SkyDancer

We are lucky that car mufflers were common before FDR was elected.


3 posted on 02/23/2014 5:24:23 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain
There is no justification to regulate gun mufflers any more than other firearm accessories, such as sights or stocks.

I often (well, occasionally) wonder why folding stocks are illegal in New Jersey.

4 posted on 02/23/2014 5:32:56 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: JimRed

I’m guessing because it makes them easier to conceal.


5 posted on 02/23/2014 5:33:45 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: marktwain

Are pillows banned?


6 posted on 02/23/2014 5:38:09 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: marktwain

Update: Michael Barrett convicted:

From jsonline:

“A jury found a Wauwatosa lawyer guilty Friday of buying what he called “a hit man’s gun” with a “highly, highly, highly illegal” silencer during an undercover reverse sting in 2011.”

http://www.jsonline.com/news/crime/milwaukee-county-jury-convicts-lawyer-of-having-illegal-gun-silencer-b99210909z1-246601631.html


7 posted on 02/23/2014 5:40:28 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

Agreed. I’ve long thought that Hollywood hype beat out common sense and physics when it comes to suppressor laws.

Tried getting them changed here in MN a couple years back. May try again if we can change the make-up of our legislature again...


8 posted on 02/23/2014 5:43:00 PM PST by Dead Corpse (Tre Norner eg ber, binde til rota...)
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To: trisham; All

“I’m guessing because it makes them easier to conceal.”

But pistols are even easier to conceal, and they are Constitutionally protected. To ban folding stocks, when pistols are protected as a constitutional right, makes no sense.


9 posted on 02/23/2014 5:43:19 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

I hope he has his appeals lined up already.


10 posted on 02/23/2014 5:43:38 PM PST by Dead Corpse (Tre Norner eg ber, binde til rota...)
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To: marktwain

I could be wrong. :)


11 posted on 02/23/2014 5:44:11 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: marktwain

This is entrapment.


12 posted on 02/23/2014 5:53:06 PM PST by I want the USA back (Media: completely irresponsible traitors. Complicit in the destruction of our country.)
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To: Dead Corpse

If the jury convicts him, no appellate court is going to rule agains the BATFE. The government says it respects gun rights, but does everything it can get away with to disarm the public, one person at a time, if that’s what it takes. The courts are especially adept at this.


13 posted on 02/23/2014 5:56:31 PM PST by Cboldt
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To: marktwain

Why can’t a rifled barrel that fits a “shotgun” receiver be just 16” long?


14 posted on 02/23/2014 5:56:55 PM PST by Paladin2
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To: Cboldt

Then we need to go bust him out of jail...

This is a crime against our Rights.


15 posted on 02/23/2014 5:57:44 PM PST by Dead Corpse (Tre Norner eg ber, binde til rota...)
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To: marktwain

And why do you have to register and pay a special tax on short barreled rifles?


16 posted on 02/23/2014 6:16:07 PM PST by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: marktwain
A jury found a Wauwatosa lawyer guilty...

No problem, eventually it will be their turn in the dock, or their kids'.

17 posted on 02/23/2014 6:34:04 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Dead Corpse

Fake suppressors apply to center fire firearms. Dude messed up. Sorry.


18 posted on 02/23/2014 6:57:31 PM PST by dkazz
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To: dkazz

People like you are the reason we’ve lost as much of our RKBA as we have.

Sorry.


19 posted on 02/23/2014 7:17:28 PM PST by Dead Corpse (Tre Norner eg ber, binde til rota...)
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To: Blood of Tyrants; All

And why do you have to register and pay a special tax on short barreled rifles?

More insanity that makes no sense, now that pistols are confirmed as Constitutionally protected.


20 posted on 02/23/2014 7:33:41 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: marktwain

In Europe one gets in trouble for NOT using a suppressor.
Keeps from frightening the cows.


21 posted on 02/24/2014 3:32:41 AM PST by Joe Boucher ((FUBO) obammy lied and lied and lied)
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