Skip to comments.[Idaho gun shop] Red's loses its gun license
Posted on 03/16/2007 9:50:21 AM PDT by kiriath_jearim
TWIN FALLS - Red's Trading Post, one of Idaho's oldest gun shops, can trade no longer.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives has revoked the business's license to buy, trade or obtain guns after an ATF audit found Red's employees sold guns improperly numerous times between 1999 and 2004.
Red's manager, Ryan Horsley, admits when the business sold guns it sometimes left blank required parts of a gun purchase form, omitted a background check on a special order, failed to log multiple handgun sales to the same customer in five working days, did not keep track of guns returned to manufacturers, threw away denied applications dealers are required to keep for 20 years and failed to post a gun safety sign and pamphlets.
The ATF revoked Red's license March 5, shutting down 90 percent of the income that has sustained the store through three generations of Horsleys.
"They are taking very minor things and blowing them out of proportion," said Terry Horsley, the shop's owner and Ryan's mother.
The shop, at 215 Shoshone St. South, can sell the 1,000 guns remaining in its inventory, and can continue selling gun accessories and ammunition.
But accessories account for only 10 percent of its revenue.
"I'm just sitting here going, 'What am I going to do?,'" Ryan Horsley said.
The five-year audit found violations over a period in which 10,000 guns were sold, Horsley said.
"Mistakes happen. Stuff happens," Horsley said. "I think it's unreal expecting to have 100 percent non errors."
The bad news, which comes on the heels of record profits, could now close the store, Terry Horsley said.
Red's has paid $20,000 in legal fees protesting the ATF's decision. On Feb. 23, Red's legal team filed a petition in federal court in Boise.
The judicial review will consider, among other things, whether Red's "willfully" violated the law.
"'Not willful' is one of their petitions," said Deborah Ferguson, assistant U.S. attorney, representing the ATF's industry operations. "'Willful has been defined by case law. I would expect the court to look at that legal authority."
Case law defines "willful," an essential component of the allegations, as "they knew of the regulations and did not abide by them," Ferguson said.
Ryan Horsley said Red's was found responsible of several violations in an earlier audit.
But he said the infractions are petty and do not justify a revoked license.
"There's no missing guns," he said. "There are errors but everyone has errors."
Walt Sinclair, a Boise co-counsel for Red's, said the errors were clerical, not intentional.
He said it's not the first time the ATF has revoked the license of a Twin Falls gun dealership.
"Blue Lakes Sporting Goods lost its license," Sinclair said. "They had been there forever. It was a family business. It was a real success story, but this type of petty, technical noncompliance caused them to end up going out of business."
The ATF has 60 days from Feb. 23 to respond Red's petition.
The ATF Seattle Field Office spokeswoman declined to comment on Red's case until after judicial review.
"If the individuals reapply, the facts from the revocation would be considered for any future licenses," said spokeswoman Julianne Marshall. "Industry Operations will consider their application. However, they have an interest for public safety. This license was revoked for a reason."
A judge may still overturn ATF's decision.
Sounds to me like this guy needed to lose his dealer's license if he in fact violated all of these federal regulations and laws.
Sounds like Ryan Effed up
Could you show me in the Second Amendment any reference to complying with the BATFE's Mickey Mouse paperwork?
What part of the word "infringed" do you find confusing?
If the Feds have five years of violations, Reds is no victim.
I see maybe six errors out of 10,000 sales, most of them paperwork errors.
Remember the BATFE has admitted their own database of NFA weapons is nowhere near this accurate.
No sympathy from me on this one.
I caught this news at TheHighRoad last night. Bummer it is. Only been out to his shop once several years ago on the way to a hunting trip. He was one of Idaho's oldest gun shops.
The BATFE has run 90% of gun dealers out of business in the past 15 years, just as they planned.
They know they can never outlaw guns, but if they make the paperwork so onerous and demand zero-defects (a practical impossibility), they can make it so there is no place to buy guns.
What part of the word "infringed" in the Second Amendment do you find to be unclear?
Really, it's not that hard to comply, unless you are hiring idiot employees. Around here, every gun shop I patronize is absolutely fanatical about sticking to the regs. I was once turned down for a purchase because the Post Office changed my zip code. The address was the same, just a different zip, and the shop told me to go get a new driver's license with the proper zip code before they'd sell me any guns.
Somebody needs to revoke the ATF's license.
So is all your paperwork in order?
The BATFE has a blueprint to drive as many gun dealers out of business as possible, a back-door way of outlawing guns.
They have eliminated 90% of gun dealers in the past fifteen years.
What part of the phrase "shall not be infringed" confuses you?
The second amendment deals with ownership, not the transfer or brokering of ownership. Not saying I'm a big fan of the BATF or their paperwork -- by and large I'm not, and think most of this crap is unnecessary. However, the second amendment doesn't apply here.
You have any proof for your claim that there has been a 90% reduction in gun dealers in the past 15 years?
Nobody's infringing anything in this case. This guy openly admits to poor record keeping and administrative practices as required by federal law and supported by the National Rifle Association. He didn't abide by the rules and got his license yanked. No sympathy here.
That's why the NRA receives no money or support from me.
The more the ATF does the more I pray to see the total destruction of this Jack booted THUG organization.
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