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Man found guilty in firearms court case (Michael A. Crooker)
http://www.masslive.com/ ^ | 7 13 06 | BUFFY SPENCER

Posted on 07/13/2006 5:19:30 PM PDT by freepatriot32

SPRINGFIELD - A federal jury yesterday found Michael A. Crooker guilty of a firearms crime that will mean a 15-year mandatory prison sentence.

The jury, made up of eight men and four women, delivered its verdict shortly after 2 p.m. yesterday after deliberating about 10 hours during two days.

Crooker, 51, formerly of Agawam, had been charged with being a previously convicted felon "causing a firearm to travel in interstate commerce."

Crooker was accused of trying to mail an air rifle and sound muffler to an Ohio man in 2004. Air rifles are not considered firearms under federal law, but silencers that can be used on regular guns are. Testimony during the trial centered on whether the black metal cylinder mailed with the air rifle qualifies as a silencer and therefore a firearm. Felons are prohibited from owning firearms.

The jury yesterday morning came back to Judge Michael A. Ponsor with a question, basically asking for more of a definition of a silencer under federal law. Ponsor told them he could not give any more of a description than had been given in his jury instructions.

Crooker sat silently and without obvious expression beside his lawyer, Vincent A. Bongiorni, as the verdict was read.

In an interview after the verdict, Bongiorni said that there is not much to say about a verdict from a jury. "It was tried on a factual basis," he said.

Sentencing for Crooker was set for Oct. 20 at 2 p.m. Assistant U.S. Attorney Kevin O'Regan said after the jury's decision that he is pleased with the verdict.

In closing arguments on Monday, O'Regan told jurors they should have no question Crooker shipped the sound muffler knowing it was capable of being used on a regular gun.

Bongiorni said in his closing arguments that jurors cannot conclude that Crooker knew the muffler could work on anything but the air rifle. He said he defied the jury to find any evidence that Crooker had actual knowledge that it could work on a powder-burning, or regular, gun. The trial began on June 28.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; US: Massachusetts
KEYWORDS: atf; atfabuse; banglist; batfe; case; court; donutwatch; federalcourt; firearms; found; guilty; in; libertarians; man; massachusetts; michaelacrooker; springfield
update to a story posted here Firearms enthusiast testifies
1 posted on 07/13/2006 5:19:33 PM PDT by freepatriot32
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To: Joe Brower; DaveLoneRanger; Mr. Mojo

ping


2 posted on 07/13/2006 5:20:29 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: freepatriot32

Unintended Consequences


3 posted on 07/13/2006 5:21:00 PM PDT by Rodney King (No, we can't all just get along.)
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To: Abram; albertp; AlexandriaDuke; Allosaurs_r_us; Americanwolf; Americanwolfsbrother; Annie03; ...
ill catch up on all the libertarian pings over the next couple of days ive fallen way behind lately but this story just makes me see red when the hell are they goingot iq test jurors and disband the atf ?

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

4 posted on 07/13/2006 5:23:34 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: freepatriot32

From the linked-to original article on this, it appears that the airgun silencers, once modified to fit, reduced the sound of a .22 one-hundredfold.

Isn't that just two db, since the decibel scale is logarithmic? BFD!

Just damn.

BATFAGs pulling the wool over the eyes of the public, creating prosecutions out of thin air, is my first impression.


5 posted on 07/13/2006 5:25:57 PM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: FreedomPoster

Judicial jury-tampering; sounds like a script from Law and Order.

A lawnmower muffler and some steel wool would do about that much.


6 posted on 07/13/2006 5:35:07 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Old Professer

I feel so much safer.


7 posted on 07/13/2006 5:36:10 PM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Old Professer

If a part is used on a Non-Firearm, then it shouldn't be concidered any threat. It would be no different than having a muffler on a lawnmower.
Does this case claim a person can go to jail if they have a muffler on their lawnmower just because it "could" be installed on a firearm?


8 posted on 07/13/2006 5:47:23 PM PDT by Shooter 2.5 (Vote a Straight Republican Ballot. Rid the country of dems. NRA)
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To: FreedomPoster

FreedomPoster wrote:

> Isn't that just two db, since the decibel scale is logarithmic? <

The decibel scale is indeed log-based. But I think you've got your numbers wrong.

Here's the way I THINK it was taught to me, 40 years ago:

Three dB is an approximate doubling of power, and ten dB is approximately a ten-fold increase in power.

So a hundred-fold decrease would be a decrease of ca. 100 dB.


9 posted on 07/13/2006 5:48:52 PM PDT by Hawthorn
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To: Hawthorn

Looks like it's 20 db.

dB = 10* log (x/y), where x and y are sound power measurements in watts.

So 10 * log (100) = 20 db

Not that much, in the grand scheme of things. I can think of several ways you could probably get more, with common household items.


10 posted on 07/13/2006 5:59:41 PM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Hawthorn; FreedomPoster
FreedomPoster wrote:

> Isn't that just two db, since the decibel scale is logarithmic? <

The decibel scale is indeed log-based. But I think you've got your numbers wrong.

Here's the way I THINK it was taught to me, 40 years ago:

Three dB is an approximate doubling of power, and ten dB is approximately a ten-fold increase in power.

So a hundred-fold decrease would be a decrease of ca. 100 dB.

Almost. The first ten fold is 10 dB the second ten fold (10x10 = 100) is also 10 dB. So the total would be 20 dB.

However, the original article linked above indicated a 100 fold decrease in decibels which is quite significant. Who knows if the reporter got it right.

11 posted on 07/13/2006 6:07:34 PM PDT by Database
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To: FreedomPoster

A good discussion of the decibel scale: http://www.glenbrook.k12.il.us/GBSSCI/PHYS/CLASS/sound/u11l2b.html


12 posted on 07/13/2006 6:42:10 PM PDT by RAY
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To: freepatriot32
So a "silencer" is a firearm. I wonder what other non-firearms are "firearms". For all I know, I may have one in my pocket.

Does this mean a felon cannot own a rifle sling for his air rifle? Would it be a felony for a felon to attach a bayonet to an air rifle?

I think I know what the BATFE would say, but this seems a surprising result from a jury given that the silencer was shipped with an air rifle. One would have to be much more certain of the meaning of the 20,000 anti-gun laws than I am in order to be pleased by this jury's decision.

13 posted on 07/13/2006 6:58:05 PM PDT by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: freepatriot32

Since the 1934 NFA Act is an Unconstitutional "law", this man is innocent ... period!


14 posted on 07/13/2006 7:15:46 PM PDT by MaDeuce (Do it to them, before they do it to you! (MaDuce = M2HB .50 BMG))
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To: freepatriot32
The muffler could be attached with an adapter to a Ruger .22; was the adapter something readily available in commerce, or did the BATF custom-make it? If the latter, how does this man's device constitute anything other than a collection of parts which is not sufficient to build a silencer?
15 posted on 07/13/2006 9:25:48 PM PDT by supercat (Sony delenda est.)
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To: freepatriot32
He was convicted not of a crime he committed, but of the possibility he could commit a crime in the future! Sounds more like North Korea than America.



BIG BORE 909S
Type.... Pre-charged Pneumatic
Caliber.... .45
Maximum Air Pressure.... 3000 psi
Velocity.... 750 fps
Shot per filling.... 8-10
.
16 posted on 07/13/2006 9:42:04 PM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: Hawthorn; FreedomPoster

It is actually 20DB

Go here. http://hyperphysics.phy-astr.gsu.edu/Hbase/sound/db.html#c3


17 posted on 07/13/2006 9:49:19 PM PDT by AndrewC (Darwinian logic -- It is just-so if it is just-so.)
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To: freepatriot32

Divide and conquer. Bit by bit, one person at a time, one "gun" at a time, we're going to lose our Second Amendment rights.


18 posted on 07/13/2006 10:16:03 PM PDT by oldfart (There are no dangerous weapons, only dangerous people and the most dangerous person is the one who h)
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BATF can hold a grudge for a long time.

In this case, since 1986: http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/crooker_v_batf.txt

19 posted on 07/13/2006 10:32:21 PM PDT by Nonesuch
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To: mugs99
BIG BORE 909S
Caliber.... .45

And the BATF fastened this guy's muffler to a .22!? What wouldn't silence a .22 as well as this guy's muffler?

20 posted on 07/13/2006 10:51:27 PM PDT by supercat (Sony delenda est.)
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To: Database

Database wrote:


> the original article linked above indicated a 100 fold decrease in decibels which is quite significant. Who knows if the reporter got it right. <


It's hard to imagine the reporter did get the facts right, because if my math is correct, a 100 dB decrease would be a decrease in power by a factor of 10,000,000,000!

(Ten raised to the tenth power.)

And I don't think even BATF would believe any muffler or silencer or suppressor could do that much!


21 posted on 07/14/2006 6:21:57 AM PDT by Hawthorn
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To: supercat
The muffler could be attached with an adapter to a Ruger .22; was the adapter something readily available in commerce, or did the BATF custom-make it? If the latter, how does this man's device constitute anything other than a collection of parts which is not sufficient to build a silencer?

a "collection of parts" altho stupid is very dangerous. a dummy grenade, black powder and caps can get you killed. having a handful of rubber washers and a piece of exhaust pipe. shoelaces and paperclips.
owning any ONE of the multiple parts that constitute the difference between an AR15 and an M16 (even tho all of them are needed) and having an AR15 is a felony.
there are a number of stories i've heard about the ATF going to great lengths to "prove" wrong doing was done. removing recoil pad to get a gun under length, or breaking off welded on compensators for example. there's the "consipracy to violate federal firearms laws" that are a good blanket charge for just about anything.
22 posted on 07/14/2006 6:45:12 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: supercat
And the BATF fastened this guy's muffler to a .22!? What wouldn't silence a .22 as well as this guy's muffler?
Exactly...You could adapt a lawn mower muffler to a .22 the same way. The fact is the guy didn't adapt the muffler to a .22 or any other firearm. He was convicted of a crime he might possibly commit sometime in the future.
.
23 posted on 07/14/2006 8:24:57 AM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: oldfart
Divide and conquer. Bit by bit, one person at a time, one "gun" at a time, we're going to lose our Second Amendment rights.

"I say that the Second Amendment doesn't allow for exceptions or else it would have read that the right "to keep and bear arms shall not be infringed, unless Congress chooses otherwise." And because there are no exceptions, I disagree with my fellow panelists who say the existing gun laws should be enforced. Those laws are unconstitutional [and] wrong because they put you at a disadvantage to armed criminals, to whom the laws are no inconvenience."...Harry Browne
.
24 posted on 07/14/2006 8:33:03 AM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: MaDuce
Since the 1934 NFA Act is an Unconstitutional "law", this man is innocent ... period!

Tried by a kangaroo court and convicted by a jury of fools.
.
25 posted on 07/14/2006 8:35:48 AM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: mugs99

There's quite a lot of us who feel the same way. Somehow though, about all we ever do is preach to the choir. Even the big dog in the neighborhood, the NRA, uses the same rhetoric in their official comments.
Like a lot of other old folks who have failed to attain all they wanted in life, I sometimes dream of what I would do if I were King. First and foremost is always: Repeal NFA-34 and GCA-68 with all their additions and ugly baggage. Then I'd DIRECT the SCOTUS to incorporate the entire BoR under the 14th Amendment.
But those are just the dreams of an old man.


26 posted on 07/14/2006 9:05:07 AM PDT by oldfart (The most dangerous man is the one who has nothing left to lose.)
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To: oldfart
But those are just the dreams of an old man.

LOL...
I'm another old man with the same dream!
.
27 posted on 07/14/2006 9:22:52 AM PDT by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: William Tell

Well you have the reciever (upper or lower depending on the firearm that it would be used on). You have a shoestring that is a machinegun, a defective semi-auto that is a machinegun, etc.


28 posted on 07/14/2006 12:56:23 PM PDT by looscnnn ("Olestra (Olean) applications causes memory leaks" PC Confusious)
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