projects: April 2011 Archives

This is the third post about my recent run in with the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives). A few months back, several of my sculptures (and a citizen complaint about them) led the ATF to accuse and later define me as an illegal firearms manufacturer and trafficker. Following a five month investigation, the ATF opted not to charge my for my alleged crimes and instead issued a Cease and Desist.

Perhaps the most interesting outcome was that the Cease and Desist letter had to be issued in person, signed and witnessed. This is the story of that brief encounter.

After my case was transferred from L.A. to the local field office I received a phone call from Special Agent Martinez, the agent in charge. Like every call I received from the Agency, her number came up unlisted on caller ID. The number carried the signature of an unassigned VOIP line (e.g. 00-2, etc.), which I am fairly certain they use for easy recording. This theory was solidified on an earlier call when agent asked, mid-call, to call me right back, then rang me with a 000 number and began a line of questioning I assume he'd recorded. Of course, I spoke to them exclusively on my Skype number for the exact same reason.

To get back to story, agent Martinez suggested we meet at 8:40 am in a lot next to a gas station in a light industrial part of town (seen above). A bit dramatic for sure, but assumed ATF agents spend a lot of time working out of their cars like beat cops. So, we exchanged vehicle descriptions and I showed up at the gas station about 15 min early on the morning in question.

At exactly 8:40 AM the gray Dodge Charger I was expecting rolled into the lot and parked inches from my car (drivers door to drivers door). I sat there for about 90 seconds, with no cues (her windows were pitch black), until deciding she was waiting for me to make a move.

I got out and, as expected, she followed suit moments later. This is where the story gets interesting. Simultaneously a huge guy in plain (read: working in the yard) clothes gets out of a truck across the lot and hustles over to meet us. This guy had been there long before I showed up on the scene, and I had completely missed it. While I'm momentarily stunned by this set-up, Agent Martinez casually introduces herself and Agent Thug and pulls out the paperwork.

I felt owned, and I'm still a bit shocked to have been taken so seriously as to require backup; And not just backup, but backup forced to stake out a gas station at 8:00 AM on a Tuesday. I suppose these were gun charges after all (as ridiculous as that sounds), and in retrospect I think the agency demonstrated excellent planning and protocol. If I'm ever in a similar situation, I plan to bring a little discreet backup of my own. "Hi Agent Martinez, Agent Thug, I'm Chad and over there in that minivan is my wife and child; my neighbor Bob is at the diesel pump filling his dually, and my mother-in-law is on a plane headed back east that should be passing overhead right about now..."

In all seriousness, the agents were very professional and cordial. I signed the letter and a property release claim, and took copies for my records. I left feeling very relieved, but also very aware at how entirely unprepared I was in that situation. I was disarmed by my own trust and the assumptions I'd made about the apparent outcome. Point well taken.

The RECESS chicken cooperative has been moving along very well lately. The birds endured an unseasonably cold winter and emerged an incredibly productive lot this spring. We are now routinely seeing a dozen eggs per day, making the 10 minutes of daily chores well worth it to our members. Feed cost is stable, and manageable - though we've yet to procure an affordable source for organic feed. And, we haven't had any further trouble with the dogs.



Unfortunately, we had a rather sad day at the chicken coop last week. I discovered one of our Black Star hens dead, curled up underneath the lowest nesting shelf. The cause of death is somewhat of a mystery. I inspected the carcass (and the rest of the flock) and found no glaringly obvious signs of illness, physical attack, or other duress.

A volunteer reported to have seen a snake in the chicken yard a few days prior. It's possible the snake may have frightened or even bitten the hen, leading her to hide under the roost and die. This seems concurrent with the only physical anomaly I did spot: a small dark purple/black "bruise" a few inches from the dead bird's vent. Perhaps it was a snake bite? I have no idea. What I do know is that we have been having an incredibly dry spring, and the chickens' water tray may have lured in a rattler.

The dead hen also appears to have lost a number of feathers near the site, although this may have been due to decomposition, since she appears to have spent ~2-3 days on the hen house floor before I found her. If any chicken experts derive an alternate theory from this photo of the bird's carcass, I would love to hear it.
 

Five months ago one of my sculptures was seized by the ATF. Agents visited my art dealer with orders to confiscate "Improvised Shotgun - White" following a citizen complaint. The citizen/agency questioned the legality of the manufacturing and trafficking of the alleged weapon.


Last week, the lengthy (and undoubtedly expensive) investigation was closed. While I held my breath, ATF engineers spent months - or maybe just a day - attempting to fire a standard 12 gauge round through my improvised shotgun sculpture. In the end, they met with success.

While I have yet to see any evidence that the sculpture was successfully weaponized, the BATFE has informed me that they have classified my sculpture as a firearm, placing it within jurisdiction of the infamous Gun Control Act (GCA). Hence it would appear that, the act of making the sculpture and my transference of said sculpture to art gallery in Los Angeles was illegal.

As outlined by the letter you see here (click to enlarge), the ATF considers my actions "unlawful manufacture and transfer of firearms" which carry the penalty of "imprisonment for not more than 5 years and/or a fine of up to $250,000." So, why am I not in jail? In a word; context. I am not an arms manufacturer, nor am I an arms trafficker - I am an artist. Fortunately, the ATF appears to agree.

Is it illegal to manufacture firearms and traffic them across state lines without proper permits, etc.? You bet it is; and I would highly recommend that you do not try this at home. However, given the context of my unique situation a decision was made to pass on enforcement of the crimes I allegedly committed. (I continue to maintain that there was no actual crime.)  

In an earlier post I remarked that questioning, researching and debating the laws we are forced to live by is the very essence of a democratic state. As an artist, I routinely push against boundaries, conventions, and in this instance, the GCA, in order to ask difficult questions about my life and the world around me. My art is speech, and my speech is protected. I can only assume that this was the rationale that led the ATF to issue me (in person) a cease and desist and take no further action.

This simultaneous vilification and vindication has been nothing short of inspirational. I am proud of the ATF for making what I believe is a sensible call, and thankful to not be engaged in a lengthy legal battle over the nature of my work. Whereas I am disheartened to lose the sculpture, since the BATFE has refused to return it to me, I will be writing it off as an unrecoverable business loss in 2012.

On a very personal note, I feel a renewed sense of purpose and faith in my work. This experience has reaffirmed that by continuing to ask questions and following my ideas to their natural end - regardless of difficulty or intimidation - I will inevitably find moments of truth and beauty.


*I am continuing to seek hard evidence (photographic/video) that the sculpture in question was successfully weaponized in the BATFE lab. If/when I obtain this, I will post a follow up.*
In the meantime, I would like to remind anyone reading this post to read the disclaimers on my Project Statement Page and do your own research before undertaking any actions that may be dangerous or illegal where you reside.