ATF Seized my Replica Mini-14

I'm not so sure he's the one who needs the lawyer. He never took possession nor even got in the same room as the thing.
Every hear of conspiracy? I've heard that conspiracy to commit a misdemeanor is a felony, especially if it involves a horse (ok, who is the first one to get that reference?)

All communication, if any, with the feds should be in writing and direct the feds to send any questions to the attorney. If you start talking, there is the danger you will say something that can be taken out of context, or that you will be quoted inaccurately. Compare the fates of the corrupt midget who refused an FBI interview and Martha Stewart who cooperated.
 
Every hear of conspiracy? I've heard that conspiracy to commit a misdemeanor is a felony, especially if it involves a horse (ok, who is the first one to get that reference?)

All communication, if any, with the feds should be in writing and direct the feds to send any questions to the attorney. If you start talking, there is the danger you will say something that can be taken out of context, or that you will be quoted inaccurately. Compare the fates of the corrupt midget who refused an FBI interview and Martha Stewart who cooperated.

This. No way I would talk to that ATF agent. The gun store has already told him that he is a target for the ATF. Get a lawyer ASAP.
 
Every hear of conspiracy? I've heard that conspiracy to commit a misdemeanor is a felony, especially if it involves a horse (ok, who is the first one to get that reference?)

All communication, if any, with the feds should be in writing and direct the feds to send any questions to the attorney. If you start talking, there is the danger you will say something that can be taken out of context, or that you will be quoted inaccurately. Compare the fates of the corrupt midget who refused an FBI interview and Martha Stewart who cooperated.
Except that there’s no intent on anyone’s part to commit a crime. If one is unaware they are involved in a conspiracy they can not be charged with conspiracy. To have a conspiracy 2 or more individuals must first agree to commit a crime.
 
Conspiracy of all charges is probably one of the easiest to get an indictment on.
Quite true. But convicting the ham sandwich is an altogether different matter. Just too many elements missing here for the OP to get jammed up I think.
 
Quite true. But convicting the ham sandwich is an altogether different matter. Just too many elements missing here for the OP to get jammed up I think.

1) The process itself is brutally punishing, even if you are found not guilty at the end of it.

2) The gun store has already told the OP that the ATF agent has the OP in his sights.

3) Martha Stewart never committed insider trading. She wasn't guilty of the crime for which she was being investigated. Federal agents are more than happy enough to charge someone with lying to federal agent. Those charges have been brought (and convicted) based on the agents faulty recollection of what the alleged perpetrator told the agent.
 
1) The process itself is brutally punishing, even if you are found not guilty at the end of it.

2) The gun store has already told the OP that the ATF agent has the OP in his sights.

3) Martha Stewart never committed insider trading. She wasn't guilty of the crime for which she was being investigated. Federal agents are more than happy enough to charge someone with lying to federal agent. Those charges have been brought (and convicted) based on the agents faulty recollection of what the alleged perpetrator told the agent.
All true. “In his sights” though is a bit strong maybe. I had my bags searched by TSA on my last flight I guess I was “in their sights”. Nothing happened. Martha however knowing lied to the feds. Op shouldn’t do that. He has no reason to.
 
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All true. Martha however knowing lied to the feds. Op shouldn’t do that. He has no reason to.

That is not how this works. If you start speaking to the feds, they can use that to claim you lied, etc. All they need is one detail wrong or that conflicts with something you previously said or did. So, OP, do not speak to anyone.
 
That is not how this works. If you start speaking to the feds, they can use that to claim you lied, etc. All they need is one detail wrong or that conflicts with something you previously said or did. So, OP, do not speak to anyone.
True. I Never said the op should speak to the feds. I wouldn’t speak to anyone alone. My attorney does that. Just saying if you do speak to the feds don’t lie. Especially when there is nothing to lie about. There is obviously no intent to commit a crime here. He could not have been anymore in the open.
 
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“In his sights” though is a bit strong maybe. I had my bags searched by TSA on my last flight I guess I was “in their sights”. Nothing happened. Martha however knowing lied to the feds. Op shouldn’t do that. He has no reason to.

I disagree.

The next day I get a phone call from Rob stating that he talked to ATF Agent and the mini-14 was going to be returned to me in a week or 2. Said ATF specifically told him NOT to contact me to see what I did next just in case I was trying something shady.

In addition, I think you are underestimating the risk of talking to the feds. "Just don't lie" is not enough to keep you clear of a perjury charge. There are plenty of folks who thought they told the truth to the feds only to find themselves convicted of lying to a fed. Don't talk to a federal agent, ever.
 
I disagree.



In addition, I think you are underestimating the risk of talking to the feds. "Just don't lie" is not enough to keep you clear of a perjury charge. There are plenty of folks who thought they told the truth to the feds only to find themselves convicted of lying to a fed. Don't talk to a federal agent, ever.
Just as a legal point. I agree with the jest of what you’re saying 100%. But bare in mind sometimes you have to talk to the feds. No 5th after immunity i.e. grand jury. And you can still be found guilty of Contempt at a minimum after I believe. I bet op is going to be ok. If wrong I’ll send a 5er to his canteen ;)
 
Yes, you have to talk to a grand jury if given immunity, and that is one huge perjury trap. Best to get a really good attorney, listen to your attorney, and prep very well.

I agree that the OP is likely to be fine, provided that he doesn’t talk to that ATF agent whom he has been trying to reach by phone.
 
True. I Never said the op should speak to the feds. I wouldn’t speak to anyone alone. My attorney does that. Just saying if you do speak to the feds don’t lie. Especially when there is nothing to lie about. There is obviously no intent to commit a crime here. He could not have been anymore in the open.

Yup, but it is very difficult to successfully "not lie" even if you have nothing to hide and are not intentionally lieing. "Where were you on July 30?" "Oh, I think I was in the office that day" then it turns out you worked from home that day but didn't remember because it is not important to you. You lied! Off to jail for you!

The only way to be mostly sure stuff like this won't happen is to not speak at all.
 
Yup, but it is very difficult to successfully "not lie" even if you have nothing to hide and are not intentionally lieing. "Where were you on July 30?" "Oh, I think I was in the office that day" then it turns out you worked from home that day but didn't remember because it is not important to you. You lied! Off to jail for you!

The only way to be mostly sure stuff like this won't happen is to not speak at all.
Of course While it’s true innocent people have been committed of crimes they are not guilty of. I’m just not ready to believe our prisons are overflowing with people found guilty of perjury charges who had no intent to do so and who had not even committed an underlining crime to start with. I can think of none off the top of my head. Martha knew she was lying.
 
Looking at the existing AC 556 parts kits listings on Gunbroker, I suggest OP shut up and get a lawyer. Given that the OP seems to have bought a 'demilled' rifle, definitely get a lawyer. No- it's not illegal to have a non-firearm big paper weight, but I do see some elements that the ATF could use as fodder to entrap someone.
 
This doesnt add up. If it truly is a replica, as in something that takes the form of a real gun but does not and cannot ever be made to fire, why would it be required to shipped to an ffl? Its not a gun...

What seems likely here is that it was "deactivated" but not demilled to ATF specs, OR it was a demilled parts kit that was installed on what was intended to be a dummy receiver that ended up being completed past the 80% threshold, thereby rendering it back into a firearm.

Either way, OP, stop running your mouth on the internet, lawyer up and dont talk to 1. The feds, 2. The person(s) you bought it from and 3. The gun shop. Let your attorney take care of that for you.
 
Can I suggest that a moderator delete this thread?

If the OP requests that a moderator delete this thread, we will be happy to do so. All the OP has to do is to report the thread, or send a PM to a moderator, or put a post in the thread asking to have it deleted. I'm reluctant to delete it without the OP's request.
 
3) Martha Stewart never committed insider trading. She wasn't guilty of the crime for which she was being investigated. Federal agents are more than happy enough to charge someone with lying to federal agent. Those charges have been brought (and convicted) based on the agents faulty recollection of what the alleged perpetrator told the agent.
The feds absolutely prohibit subjects from recording their "interview" and my understanding is that the only record is notes backed by the word of the agent(s) present.
 
Yes, you have to talk to a grand jury if given immunity, and that is one huge perjury trap. Best to get a really good attorney, listen to your attorney, and prep very well.

I agree that the OP is likely to be fine, provided that he doesn’t talk to that ATF agent whom he has been trying to reach by phone.
The catch is they only offer use immunity, rather than transactional immunity, in order to compel testimony. This leaves the witness in peril from parallel construction.
 
The feds absolutely prohibit subjects from recording their "interview" and my understanding is that the only record is notes backed by the word of the agent(s) present.

My understanding is that the FBI has finally deigned to start videotaping their interviews. In the past, the FBI has refused to videotape their interviews claiming that would disclose their super duper interview techniques.

I heard one criminal defense attorney say that he would tell the FBI that his client would answer all their questions provided that he would have the interview in his office with a court reporter videotaping the interview. The FBI always declined.
 
Can’t you just get a refund from the seller,

And call it a day?

As far as you know it was sold as a replica , not a firearm, right?

That is what I would try to do if possible. But I don't understand these details well enough to know if that is possible.
 
This is by far one of the more bizarre "ATF screwed up my shit" stories I've ever heard though.... when you find out more, please tell us, I'm innately curious as to what the actual issue was....

On the other hand, I'm of the mind that the OP should just go back to the remote and be like "Hey the feds took my shit because they said it was illegal, I didn't buy it with that understanding. Pls refund my money. "

-Mike
 
Seems like all the more reason to not say a f***ing word without your lawyer present.

Except for “Agents, I will answer all your questions but only with my attorney present.” You have to actively invoke your 5th amendment rights, due a recent and unfortunate SCOTUS ruling.
 
Given the involvement of the ATF, I wouldn’t communicate with the seller in any way going forward. I would just write off the money and walk away.

Agreed. The only thing I might consider is letting the website know this is gong on, but only after everything is resolved. If this appears to be a pattern with the seller, they could ban him and save others the headache in the future. Definitely ask your attorney first if that's appropriate.
 
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