ATF ‘cease and desist’ order to parts-maker defies logic and law
On Thursday, Montana unfinished firearm frame manufacturer Richard Celata of KT Ordance received a hand-delivered “cease and desist” letter from the Bureau of Alcohol, Tobacco, Firearms and Explosives (see sidebar slide show).
What for?
The order states:
NOTICE OF UNLICENSED FIREARMS DEALING IN VIOLATION OF FEDERAL LAW
There’s only one problem: Celata’s not doing that. He has manufactured parts for gun owners who wish to build their own firearms, a perfectly legal activity that ATF apparently wishes to squelch through threat of prosecution —what Mike Vanderboegh of Sipsey Street Irregulars has termed an “economic Waco.” Mike shares his thoughts with us on this latest act of intimidation and includes an important update from Celata that raises the possibility this action is retaliatory for his helping craft the Montana Firearms Freedom Act—something ATF has warned everyone against testing.
Long-time WarOnGuns readers will recall Celeste’s persecution by the agency has been the subject of numerous posts and updates on that blog, including:
* BATFU Raids KT Ordnance
* Help KT Ordnance
* Fighting the Swarm
to name a few and give you a feel for what this man has been going through—for years. Jews for the Preservation of Firearms Ownership summarized Celata’s plight and speculated on ATF motivations over four years ago, and it appears nothing has changed.
Here’s the thing: IF Celata is doing what the government accuses him of, since when do they give out warnings and advise people to get a license? Can you imagine the DEA finding you formulating and selling Oxycontin and responding by hand-delivering a letter telling you to stop and not resume activities until you become a legally-authorized pharmacist?
And since when does ATF do things that way? This looks like nothing so much as a clumsy attempt at entrapment--if they can get him to acknowledge in writing that what he is doing constitutes manufacturing firearms, they'll be able to use that to obtain a warrant, do a raid and then characterize it to a jury as Celata's "admission/confession."
No?
Celata’s attorney, Quentin M. Rhoades, has responded with a “cease and desist” demand of his own, also included in the slide show (sorry to have to present it that way, but the Examiner.com “upgrade” no longer allows content providers to embed documents in articles—for those who wish to have a copy of the complete document, I have posted it on Scribd).
Rhoades accuses the government of making “vague and intimidating demands absent all specific allegation or direction” and returns fire with the promise of a lawsuit.
It’s pretty obvious if the feds thought they had something on Celata they would have just come busting in with ski masks down, guns drawn and bubble-wrap tightly wound, as per standard practice. Why are we to think this is anything other than an official harassment campaign to discourage activity they do not approve of but do not have actual authority to enforce against? Why would we not think they’re relying on their near-unlimited resources being able to break Celata’s financial ability to defend himself against?
When are our representatives going to start dragging bullies in front of an oversight committee to explain themselves—under oath?
I guess that depends on when we gun owners are going to demand it.
You have, already, right?
