Today, officers from the Bureau of Alcohol Tobacco Firearms and Explosives in Los Angeles walked into Mark Moore Gallery and confiscated one of my recent pieces; "Improvised Shotgun: White."
The officers also requested the current location and bills of lading of recently shipped work of a similar nature. I assume they plan to seize these works as well. The receipt for the initial seizure is shown below.
As of this posting, I have not received any official complaint, cease & desist, nor notice of any kind from the BATFE. Likewise, they've made no requests pending on other pieces in my growing body of RECESS work.
I assume that the actions of the BATFE are a misguided attempt to develop evidence against me for alleged crimes they believe I have committed.
As I have made clear on this blog, other internet sites, and through my demonstrated exhibition record and career - I am an conceptual artist. My highly public and often controversial works have at time created both challenging and meaningful public discourse. This is the nature of my purpose.
The seizure of my works is a seizure of my voice, and a terrible injustice. I believe the actions of the BATFE today are a violation of my first amendment rights, and an act of overt theft. I am saddened and deeply disgusted that in the midst of this terrible recession, Federal tax dollars are being spent to stifle my rights, seize my work, and question my patriotism.
Everything you can learn about me is here. It is in the combined effort of my labor and the illustration of my ideas. My works are my words, my passions, and my livelihood. Draw your own conclusions and pass this along if you refuse to believe in an America where questioning culture is a crime.
*Update* as of 1/27/11 the BAFTE has taken no formal action against me, nor have they returned my sculptures.
Whereas I personally feel this investigation is a shameful waste of federal funds, an obvious positive outcome is evidenced in the number of blog and forum posts spawned by this initial posting. I've said my piece on the issue, and I am glad to see others doing the same. Questioning, researching and debating the laws we are forced to live by is, in my opinion, the very essence of a democratic state.
As of this posting, I have not received any official complaint, cease & desist, nor notice of any kind from the BATFE. Likewise, they've made no requests pending on other pieces in my growing body of RECESS work.I assume that the actions of the BATFE are a misguided attempt to develop evidence against me for alleged crimes they believe I have committed.
As I have made clear on this blog, other internet sites, and through my demonstrated exhibition record and career - I am an conceptual artist. My highly public and often controversial works have at time created both challenging and meaningful public discourse. This is the nature of my purpose.
The seizure of my works is a seizure of my voice, and a terrible injustice. I believe the actions of the BATFE today are a violation of my first amendment rights, and an act of overt theft. I am saddened and deeply disgusted that in the midst of this terrible recession, Federal tax dollars are being spent to stifle my rights, seize my work, and question my patriotism.
Everything you can learn about me is here. It is in the combined effort of my labor and the illustration of my ideas. My works are my words, my passions, and my livelihood. Draw your own conclusions and pass this along if you refuse to believe in an America where questioning culture is a crime.
*Update* as of 1/27/11 the BAFTE has taken no formal action against me, nor have they returned my sculptures.
Whereas I personally feel this investigation is a shameful waste of federal funds, an obvious positive outcome is evidenced in the number of blog and forum posts spawned by this initial posting. I've said my piece on the issue, and I am glad to see others doing the same. Questioning, researching and debating the laws we are forced to live by is, in my opinion, the very essence of a democratic state.
Holy crap, the BATFE actually took action with relation to a possible violation of existing laws and regulations within their jurisdiction. I live in Texas and they are notoriously incompetent in this state.
But I guess since you live in California they have state laws and a highly restrictive (firearm wise) court system to back them up.
On a more serious note I would recommend you actually cease and desist any action involving firearms for the foreseeable future and see if you can look up any similar cases online. Since the weapons were confiscated yesterday their could be quite an administrative lag between the event and future charges.
Advise on actions I would take if I were to be in the same situation.
1) If you are a member of the NRA call your local chapter and ask for advice.
2) Although it is too late for this it may help to review the official registration and licencing procedures for firearm manufacture.
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
http://www.atf.gov/publications/download/p/atf-p-5300-5.pdf
http://www.atf.gov/forms/download/atf-f-5310-12-notice.html
http://www.atf.gov/forms/download/atf-f-5320-1.pdf
3)If you haven't already look up a lawyer in your phone book or online that is in your area and is affordable. (Facebook is an option) Then keep a few of their office phone numbers and regular hours in hand.
4) Also you should probably temporally remove the improvised shotgun pages of the site siting recent events.
Good luck.
I just noticed this but do the firearms involved have at least an 18 inch barrel?
If they are reviewing the weapon and take it to testing then they may find that this design violates existing California and Federal Gun laws.
The most obvious of which is the personal ownership of a short-barreled shotgun without a DOJ "Dangerous Weapons Permit", manufacture of firearms without a license, and the minimum overall length limit remains on shotguns is 26 inches".
"All NFA weapons made by individuals require that the weapon be legal in the State or municipality where the individual lives, and the payment of a $200 “making tax” prior to manufacture of the weapon, although a subsequent transfer of AOWs after they are legally “made” is only $5. Only a Class-II manufacturer (a FFL holder licensed as a “Manufacture of Firearms” or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) can manufacture NFA firearms (other than destructive devices) making-tax free."
http://en.wikipedia.org/wiki/Haynes_v._United_States
http://en.wikipedia.org/wiki/United_States_v._Thompson-Center_Arms_Company
http://en.wikipedia.org/wiki/United_States_v._Miller
http://en.wikipedia.org/wiki/Firearm_case_law
Alejandro-
Thanks for sourcing all of this information. It's extremely helpful. Thus far I believe everything in question is of legal length. I hope to have more information to share soon. As of now, I am still completely in the dark.
-CP
I assume you didn't register it as a short-barreled shotgun, take the extensive background test, and pay the $200 for the tax stamp for making a short-barreled shotgun? They're not violating your free speech, they're enforcing federal law. It's your responsibility to comply with laws such as the National Firearms Act.
Paul-
Your assumptions are mostly correct. The one incorrect presumption you've made is in the context. If I were making and selling firearms, your statement would be correct. However, the pieces seized are sculptures, taken from an art gallery. Art, even art that pushes up against legal limits (such as copyright infringement), has long been protected by the legal precedent that art is speech. Ultimately, the context is up to BAFTE to challenge, and the courts to decide.
The context doesn't matter. You manufactured a firearm.
Be glad you aren't in federal prison for violating the National Firarms Act of 1934.
Manufacture of an illegal Short Barrel Shotgun (which is what you did) can net you a $250,000 debt and 5 years of [EDITED - VULGAR]
Your 'voice and art' doesn't mean a DAMN if you break federal law while making it.
I edited this comment for vulgarity, but it is otherwise as posted.
MazeOfTzeentch-
Thanks for posting. I obviously disagree with your stance. I am also surprised that a commenter with so much firearms experience is willing to evaluate and define a sculpture as a "Short Barrel Shotgun" when he's never handled it, much less seen it in person.
I am thankful I am not in prison, and I am equally thankful that your personal assumptions and condemnation do not dictate the law.
Under current laws your "sculpture" very clearly constitutes a violation of the NFA due to its sub 18" smooth barrel. Also, please note that the ATF measures a barrel's length from the end of breech face, and as such the threaded "barrel extension" on your firearm does not contribute to the length of the barrel. As far as I, and the government are concerned you have manufactured an illegal short barreled shotgun, and you should count your stars that the ATF, nor the California Department of Justice have no desire to peruse legal action against you.
The ATF does not make a distinction between an individual who illegally manufactures an NFA firearm for "art" or to distribute. In fact the act of taking your piece and presenting it in galleries could even constitute the illegal transfer of a short barreled shotgun or AOW.
What you have done, for all intents and purposes, is the same as taking an off of the shelf semi-automatic rifle, and converted it into a fully automatic firearm. I hope that in the future you will take your own advice and research the legality of what you are doing.
I was going to delete this comment, but opted to leave it to make an announcement about commenting on my blog:
Presumptive huff and posturing for authority doesn't mix well with a Star Wars inspired moniker and/or bogus email address. If you have strong convictions and big ideas about my posts, don't cower behind an alias. Speak your mind and be personally accountable for your convictions (you are anyway). "Anonymity" is not only spineless, but it erases the credibility behind any argument you may hope to make here.
This is not a forum of anonymous trolls. In the future, if you wish to comment on my blog, use a real name and verifiable email address. If you can't man up, you aren't allowed to speak up. Your comments will not be published.
Lastly, there is a good chance this page (and others on my blog) is being tracked by federal agencies. Just visiting the page may grant a third-party agency unwanted access to your entire hard drive. This is a common tactic and can be done much easier than you think (look it up). Please consider this risk before posting here - or anywhere else.
Yeah, Chad, these kinds of folks ALWAYS come out of the woodwork to parade around their "knowledge" and opinions disguised as wisdom.
I would conjecture that the ATF raised objections based on a few factors, randomly they might be:
1. you were offering the artwork for sale.
2. A gun is defined as any object that CAN fire at least one shot (even if it blows up doing it)
3. Creative expression is no real excuse. Not intending to put you in the same category, but it's like Pee Wee Herman's defense as to why he possessed child pornography - that he was a COLLECTOR.
If you hadn't offered it up for sale (thereby kicking the commerce clause in) and if it was within the legal definition of a sporting arm (18 inch barrel, 26 inch length) then I doubt they'd have even contacted you.
What SCARES me is their "request" for you to provide them with evidence that can be used to convict you of trafficking in interstate firearms. You providing them with any shipping records for where you'd taken this piece you made IF it passed over state lines. There is no cooperation with the BATFE, or any law enforcement agency that is not detrimental to your freedom.
I'd love to be the technical examiner of this, remember one of their watchwords is "readily convertible" so if your piece was 26 inches in length, could repositioning the twine make it "readily convertible" to a short shotgun?
Nonetheless, there are a ton of people getting a ton of mileage pointing to you as someone they consider "stupid" - so be it, if they didn't have you they'd have to reposition their tin-foil beanies more often and that would involve asking their cousin-wives to hold their beer while they used both hands to do so.
Hi Jim-
You raise some good points, and I do agree with your comment about cooperation with law enforcement. You're correct about the primary objections (sale and shipping), the design was not of concern.
In defense of the ATF (I know, right?) the agents were actually quite rational and reasonable. Unlike many of the tin-foil clad readers you mention, the agency understood the context of the piece they seized, this blog, and the entire RECESS project.
They never mistook myth for truth. They may have even recognized that the "stupidity" I echo throughout this body of work may be as effective at communicating the foolishness and ineptitude of armchair survivalism as does the fear the ATF wields over the gun forum trolls.