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Feds charge Parole shop owner in machine gun case


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#1 Admin

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Posted 08 August 2010 - 07:18 PM

Feds charge Parole shop owner in machine gun case
Man 1 of 6 indicted with fraud in Arizona

Published 08/07/10

100104guns.jpg

Though requests for gun-related permits and background checks are up throughout the state and nation, Hal Goldstein, owner of The Armory gun shop in Annapolis, says sales are off 50 to 60 percent at his business

.

The owner of a Parole gun shop is one of six men named in a 107-count indictment filed in federal court in Phoenix, Ariz., last week.

Hal Goldstein, owner of The Armory, at 24 Defense St., off West Street at Solomons Island Road, along with Randoph Benjamin Rodman, owner of Silver Spring-based R&S Arms, and four Arizona men were charged with conspiring to commit fraud to possess and transfer machine guns in violation of the National Firearms Act, according to the 39-page indictment filed July 27.

The indictment alleges the men "harvested" serial numbers from older machine guns and welded those numbers onto pricier machine guns they had specially made. In doing this, investigators said they ducked the 1986 federal machine gun ban. The ban prohibits the possession or transferring of machine guns made after May 1986.

The investigation dates to 2007, when special agents with the Bureau of Alcohol,

Tobacco, Firearms and Explosives in Phoenix, Ariz., began looking at George Clark, a licensed NFA manufacturer of Class III weapons, such as machine guns.

Special agents received information that Clark, of Arizona, was taking previously registered Military Armament Corporation-style 9mm/.45-caliber machine guns and altering them to model 1919 belt-fed .30-caliber machine guns.

These MAC machine guns were manufactured before May 19, 1986, making them "pre-ban" machine guns. This means they could be transferred to anyone with the appropriate tax stamp and sold for a large profit.

The indictment states that for 15 years, Clark destroyed pre-ban machine guns by cutting off the serial number and nameplates. It alleges that Clark then welded the serial number and nameplates to the frame area of newly constructed model 1919s, Thompson submachine guns, and other dissimilar machine guns.

Agents likened this to removing the vehicle identification number from one vehicle and welding it onto another.

On March 20, 2008, ATF agents served a search warrant at Clark's home in Gold Canyon, Ariz. When asked about machine gun sales, Clark told agents he recognized Goldstein's name, and had done machine gun transactions with him in the past, the indictment states.

Agents found documents inside Clark's home that led them to believe Clark and Goldstein had several transactions involving the manufactured machine guns.

Clark admitted he has sold .30- caliber machine guns to Goldstein in the past.

First thing the following morning, ATF agents from Phoenix traveled to Maryland and raided The Armory on Defense Street, as well as businesses and residences in the 800 block of Coachway in Annapolis, 8204 Bodkin Ave. in Pasadena, and the 100 block of Holsum Way in Glen Burnie - all of which are tied to Goldstein.

During their trip to Maryland, ATF agents also searched homes and businesses tied to Rodman in the 900 block of Philadelphia Avenue in Silver Spring and the 4900 block of Linsborough Terrace in Bowie.

They seized more than 100 machine guns and other various firearms between the six raids, including an Israeli rocket launcher. They also found dozens of machine gun parts, tools, electronics, and more than $38,000 in cash, court records show.

Joseph Conte, who represents Goldstein, could not be reached yesterday for comment.

Court documents here: http://www.citypaper...ry.asp?id=20486



#2 macshooter Re: Feds charge Parole shop owner in machine gun case

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Posted 28 October 2011 - 10:33 AM

I get how cutting the serial off a MAC and welding onto a 1919 could get you into trouble. (Does anyone know of any MAC's registered in 30.06? )

But say your MAC's frame is trashed for some reason, like a massive KB or something. So you send it to a Class II mfg for repair, and he welds up a frame from some flats and cuts off the section with the serial from your old trashed reciever and welds in into place on the new one.

To me that seems like repair. Nothing new has been created. A trashed MAC has been repaired. Is that right?

#3 Yahoshua Re: Feds charge Parole shop owner in machine gun case

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Posted 28 October 2011 - 07:19 PM

Nope. That process would constitute 'manufacturing' as the "old" receiver has been destroyed and a "new" receiver has been created. That would be a no-no to the ATF (but what isn't these days?)

#4 emclean Re: Feds charge Parole shop owner in machine gun case

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Posted 29 October 2011 - 10:49 AM

OTOH, anything meatal that has been blown appart can be put back together again (if you can find someome wiht the right skils).

if you take that theroterical KB, and use have it 'rebuilt', you might be still legal (you never know for sure with the ATF).
the only real difference is in how you present it.

#5 macshooter Re: Feds charge Parole shop owner in machine gun case

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Posted 29 October 2011 - 11:42 AM

I guess it would be best to send a letter with pictures of the gun explaining the situation and what you want to do to repair it. Then keep the response with your records.

Maybe Admin can shed some light on that. 8 years after he posted most of the NFA info here. it's still very helpful.

#6 The Original Ralph Re: Feds charge Parole shop owner in machine gun case

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Posted 08 December 2011 - 01:46 PM

before anyone judges Hal Goldstein and the others in this case, what might be interesting to know is they were doing the conversions under ruling letter approval from ATF - as late as 2005 ATF indicated that since a number of MAC 11/12s were nothing more than registered flats when registered in that January to March window of 1986. ATF, being the reptileans they are, decided to reverse their position, with no public notification, sometime in 2006/07 and did what a number of folks refer to as "regulation by ambush" - ie you know it's now not allowed when you learn someone has been charged with a violation.

what is even more interesting, if anyone has access to the PACER court records system, is how badly ATF has played foot loose and fancy free with discovery requests in the case - basically a common strategy in the practice of law to run up the defense costs. In this case they were nearly successful. One of the defendants in the case, having run out of funds for his defense counsel, filed a motion to change his plea to "guilty" from not guilty. The judge was so outraged by ATF's conduct in this case to date, and what has come out so far, she refused the motion for plea change, instead ruling the court would bear that defendant's legal defense costs - i'm told this is unprecedented by a criminal court.

there's more - apparently there's a pretty serious scandal brewing for ATF over an element of this case - check the story at http://sipseystreeti...-al-who-is.html

#7 JSheaHawk Re: Feds charge Parole shop owner in machine gun case

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Posted 09 December 2011 - 02:25 PM

Good info, OR. The link at the bottom is good reading.

Also, :welcome2: to the forums!

Jared

#8 macshooter Re: Feds charge Parole shop owner in machine gun case

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Posted 12 December 2011 - 07:10 PM

Wow... Great post Ralph, welcome.

#9 ChemSoldier Re: Feds charge Parole shop owner in machine gun case

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Posted 12 December 2011 - 07:13 PM

Welcome to the forum Ralph

#10 Admin Re: Feds charge Parole shop owner in machine gun case

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Posted 12 December 2011 - 07:39 PM

a) It is next to impossible to beat the government. They will litigate cases for years driving you bankrupt in legal fees.

b)

According to the July 2010 indictment, George Dibril Clark III of Golden Valley and Gold Canyon and five other men - three from Arizona and two from Maryland - "harvested" serial numbers from pre-1986 machine guns, thereby destroying them. They would then allegedly weld the serial number, or the entire receiver side plate, onto a newly manufactured gun, file the required forms with the Bureau of Alcohol, Tobacco and Firearms, then sell the weapons. After 1986, you can could not produce a new transferable machine gun.


c) The defendants make have a case to beat the rap as it has been reported that there issues with the evidence custody and cooperating witnesses.







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