by Lee Williams
The entire State of Missouri can rest much easier now. The ATF has made the Show-Me State a much safer place. Two rule breakers from small Missouri towns were indicted by a federal grand jury last week. Their crimes? They’re accused of selling guns without a federal license. Their ages? One was 75 and the other was 81 years old.
This, friends, is not a sick joke. The ATF actually publicized the arrests in a press release, which was sent out last week.
“According to an indictment returned this week, Aubrey Foxworthy, 81, of California, Missouri, was charged with dealing firearms in Morgan and Moniteau Counties from approximately June 2, 2023, through September 9, 2024. He did not have a federal firearms license to deal firearms. Foxworthy was also charged with possession of a rifle with a barrel length less than 16 inches and that rifle was not registered to him in the National Firearms Registration and Transfer Record,” the press release states. “According to an indictment returned this week, Philip Leroy Rains, 75, of Popular Bluff, Missouri, was charged with dealing firearms in Morgan County from approximately April 1, 2023, through April 4, 2024. He did not have a federal firearms license to deal firearms.”
Each man now faces five years in a federal prison and fines of up to a quarter-million dollars for the no-FFL charges, but Foxworthy faces an additional 10 years in prison and fines of up to $10,000 for whatever the ATF considered an unregistered short-barreled rifle. Nowadays this could be a legal firearm with a brace. Unfortunately, if things go the ATF’s way, Foxworthy could leave federal prison in 2040 at the ripe age of 96.
Foxworthy could lose a lot more than just his freedom. According to his indictment, the ATF also ordered him to turn over all of his guns, and the 81-year-old had a decent collection.
The ATF wants 197 of Foxworthy’s personal firearms, according to a list attached to his indictment. The guns are about what you’d expect a lifelong gun owner to have in his safe. Almost all are American made: Ruger, Colt, Winchester, Savage, Browning, Remington, Marlin, Mossberg, Henry and Smith & Wesson. The ATF also wants Foxworthy’s ammunition, and the list claims he had more than 16,000 rounds.
Because the ATF prepared the list, there are four firearms identified as “machineguns,” but the type, manufacturer and calibers are listed as “unknown.” Also, Foxworthy was not charged with the illegal possession of any machineguns. This makes sense in a sick way, because experience has shown when the ATF can’t identify a firearm, they usually just consider it a machinegun.
The list also shows that Foxworthy owned a dozen Winchester Model 94 rifles. The serial number of one rifle shows it was manufactured before 1896. Depriving the man of that rifle is a sin, especially since it will likely be kept or even resold by some nameless ATF agent.
Calls to Foxworthy’s defense attorney were not returned.
Takeaways
Who hasn’t seen an old man at a flea market with a couple guns for sale either on a folding table or laying on a blanket in the bed of his pickup?
It’s classic Americana, right? There is certainly no crime or criminal intent.
Unfortunately, Joe Biden robbed us of this for a few years. Biden’s “engaged in the business” rule required anyone who made a profit on a single gun sale to obtain a federal firearm license.
“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” former Attorney General Merrick B. Garland announced about a year ago.
The press release shows that both arrestees’ alleged law-breaking occurred while Biden was napping at the White House. Besides, it was easier for the ATF. Their agents are much less likely to be shot or scared if they harass a couple old men, rather than going after big-city gangsters armed with full-auto Glocks with Glock switches.
Truth be known, Attorney General Pam Bondi or her staff should examine all of the ATF’s cases made during Biden’s term. Some were much worse than this one.
I certainly hope that whoever is actually in charge of the ATF today will take this into account and drop all charges against Messrs. Foxworthy and Rains.
The ATF has put each of them through enough. I hope that Foxworthy gets to keep his guns, too, especially the pre-1896 Model 94.
To do anything else would be a real crime.
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Unfortunately, there are law enforcement folk out there who are infatuated with the exercise of power, with bullying. They love inflicting pain, they are so weak internally that mis-using their authority is how they feel good about themselves.
I saw a street cop bullying a small, harmless, autistic, and homeless man. It was shameful and cruel. After the homeless man fled, I approached that cop and told him that there were a few of us who worked in the are that contribute to that man’s support, who try and care for him. That he harasses no one, does not even litter (all true). I did not tell this cop how to behave but he got the message. Whenever I would ask Harold, he would say the police patrols were not chasing him away anymore.
Thanx.
More people like you all and a whole lot less of people like them
On the one hand the entire thing is ridiculous overreach, obviously an intimidation tactic and repugnant to the highest law of the land.
OTOH, I’m not real hot on suggesting that just because people are old (or any other adjective that makes them “special” and therefore “protected” in some weird framework of thought) they shouldn’t face consequences for the breaking of malum prohibitum laws.
Equality before the law and all that. When it comes to infringement we’re all equally plebian and deserving of a good kicking around, ya know?
All that said, this *new comment section* sure is falling off hard. Is TTAG trying not to run afoul of international speech codes like the UK’s Online Safety Act or something?
Their major update caused problems, but it appears to be working now. Too late. They already drove people away.
So far as I’m aware it took 4+ hours for my comment to post (it’s been 5.5 but I was out for awhile so I don’t know when it actually showed up). I’m not going to say that “appears to be working”.
This site’s running on WordPress, so I wonder how that plays with the OSA and other Euro online speech restrictions (which are actually targeting the 1A, the Euros are just a proxy for the US censors who’ve officially been shut down since Biden’s ouster).
The summer intern is approving the posts while on their lunch break.
“So far as I’m aware it took 4+ hours for my comment to post…”
The old site owners made a point to deal with those issues in a timely manner.
I fear the new folks have no such ‘sense of urgency’…
i stopped for a while, my old moniker appears blocked. this, my original one (remember ttags ddos back in the teens?) sticks after some time. moderation? who knows. new guy had the meet and greet, a refresh, some initial teething problems, offered to listen… and here we are. eh, la. ’twas ever thus.
Is it, though?
Being old worked to get Biden out of trouble.
The sick mentality behind such absurd charges connects to what has been…
https://youtube.com/watch?v=FrkEk0BscK0&si=45cSIVc6WdlNQnfS
I spoke too soon. I left, cleared my cache, and changed my IP. Now it says there are no comments on this page. Time for another break from TTAG.
HELLO TTAG MANAGEMENT. IS ANYONE THERE? DO YOU CARE ABOUT YOUR SITE?
After making that comment at 9:44 am, now I can see the other comments that were here all along but not visible to me. Why would anyone run a site like that?
I’d post a comment, but I am taking a break from ttag
“I’d post a comment, but I am taking a break from ttag”
Wondered why you hadn’t posted is so long.
Hey I’m old. There’s local fake book groups(Indiana) selling gats contrary to FB “rules”. Methinks it may be watched by cops. I was tempted to deal but never took the plunge. What are the local Missouri laws? This old man ATF BS pizzes me off. A LOT!
If you can’t afford $5,000 a month for a assisted living facility, this could be a viable option. Let the U.S. taxpayers foot the bill. Also, any firearm manufactured in or before 1898 is considered an antique not subject to the regulations of the Gun Control Act of 1968.
ATF did not say it was illegal, only that they wanted him to “surrender” it along with the rest of his “arsenal.” This is probably due to the Federal seizure laws. They will seize anything and everything of value and to get it back YOU have to show that it was not the fruits of illegal activity. For example, if a drug dealer has houses, cars, boats, planes, whatever, they will seize all of it and then the owner has to prove that they were legally obtained with legal funds. And if goods were purchased with illegal proceeds, then they are subject to seizure.
“Also, any firearm manufactured in or before 1898 is considered an antique not subject to the regulations of the Gun Control Act of 1968.”
“If the law supposes that,” said Mr. Bumble,. . . .”the law is a ass — a idiot.”
– – Mr. Bumble, ‘Oliver Twist, C. Dickens
No guns, no gun crime. How much more simple can it get?
Hmm, I really don’t want to start a flame war. BUT, why hasn’t the Master of the Executive Order really done anything about the ATF? Also, wasn’t Bondi involved in a bunch of anti-2A plots?
Dont worry EdP.
To start a flame war would mean the other readers would have the ability to reply back to you.
I remember TTAG used to have 110 replys to some comments.
Minor49 could really stir the shit.
I’m thinking TTAG only wants our “add a comment” if it’s in enamoration of one of the advertisers products.
It’s easy to get impatient. But the Federal government is a very, very large ship. And many of the crew are hostile to the captain and feel perfectly entitled to do their own thing. It’s going to take time if it’s going to get back on the right course (provided that it is still possible for it to get back on the right course).
Thanx.
More people like you all and a whole lot less of people like them
Leaf a comet.
And I try and I try but I can’t-
get No
Satisfaction
No No No
T tag, people that use the internet like instant gratification, that’s why the internet is not running 1g. We would like to see our comments appear at least a minute after we post them.
Eventually you’ll lose your readers, then your advertisers, then your The Truth About Guns.
I’d suggest you don’t give up your day job because this band sucks.
They do keep cranking it up, don’t they?
https://duckduckgo.com/?q=far+side+band+sucks&t=ffip&ia=images&iax=images&iai=https%3A%2F%2Fi.pinimg.com%2Foriginals%2F8d%2Fc4%2F72%2F8dc472f6b8d798831b4cde68582f5d4a.jpg
Dont worry EdP.
To start a flame war would mean the other readers would have the ability to reply back to you.
I remember TTAG used to have 110 replys to some comments.
Minor49 could really stir the shit.
I’m thinking TTAG only wants our “add a comment” if it’s in enamoration of one of the advertisers products.
Xdduly: S N W is no better. The last 10 articles on S N W presently has 43 comments total for an average of 4.3.
I have a few posts over there pending from 4-5 days ago.
“Popular” Bluff, MO?
Someone bought a vowel that doesn’t belong.
V owl sits in popular tree.
Pam’s too busy spending time on FOX…
Doesn’t look like much has changed over at the ATF even while they’re telling us it is!
If these old men were only selling guns from their personal collection, they are not “dealing firearms”.
If they were buying and reselling firearms, then they were dealing in firearms.
Is the ATF sure the SBR wasn’t a braced pistol? They aren’t the brightest bulbs on the block and tend to disobey court rulings.
Pam Bondi should ask the ATF for all the details in these cases. If they were selling their personal collections, and the SBR was actually a pistol, she should drop the charges and fire the ATF agents involved.