By Lee Williams
Oklahoma state Rep. Justin Humphrey (R-Lane) sent a letter to the Oklahoma Attorney General, the Sheriff of Pushmataha County, Oklahoma Governor Kevin Stitt and “All Oklahoma judicial authorities and other law enforcement entities,” requesting an investigation into ATF’s SWAT team raid at the home of his constituent, Russell Fincher.
According to a press release, Humphrey said he was contacted by Fincher after a dozen ATF SWAT team members bearing “automatic weapons” raided Fincher’s home, handcuffed him on his porch in front of his 13-year-old son and coerced him into relinquishing his Federal Firearm License.
“If this report is true, and I have every reason to believe it is, then it would appear the ATF’s actions constitute a gross misuse and abuse of their federal police powers,” Humphrey said in the press release.
Fincher’s ordeal was chronicled in a story published in July. The 52-year-old is a high school teacher, a Baptist pastor and a parttime gun dealer.
“Mr. Fincher is a distinguished figure in our community, serving both as pastor and schoolteacher in the small community of Clayton, Oklahoma. He is known as a respected member of the community, and I have every reason to believe his account. If proven true, the actions of the ATF agents could be seen as a severe misuse and abuse of their federal law enforcement authority,” Humphrey wrote in the letter to the AG, Governor and Sheriff.
“Mr. Fincher claimed that the intent of the raid was evidently to coerce him into terminating his license. He said agents pressured him to declare that he was willingly signing the three prepared termination papers. He explained that he felt coerced due to the armed agents and the threatening environment. He likened the agents’ actions to extortion rather than a proper law enforcement search. One agent reportedly warned, ‘Tell your firearms buddies we are coming after them.’ If true, this statement appears to be an unlawful threat by the agent.”
Humphrey, who chairs Oklahoma’s Criminal Justice and Corrections Committee, believes the ATF violated Fincher’s Second and Fourth Amendment rights.
The raid on Fincher’s home was led by ATF Special Agent Theodore Mongell.
“You’re done. We have to shut you down,” Fincher recalled Mongell saying during the raid. “You tell all your FFL buddies we are coming for them. We are shutting the gun shows down.”
At Mongell’s order, ATF agents seized more than 50 of Fincher’s personal firearms, which he estimated have a value of $60,000. Fincher recently received a letter from ATF offering to pay him $10 per gun.
Agent Mongell was not willing to discuss or answer questions about the raid.
In his letter, Humphrey hopes the investigation focuses on whether the ATF agents abused their law enforcement power by “coercing Mr. Fincher into terminating his federal firearm license,” and whether the agents issued threats against other firearm dealers operating in Oklahoma.
Humphrey wrote that he considers it his duty to “assert that our state should not permit the intentional and egregious actions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to infringe upon the rights of Oklahomans to possess and carry firearms.”
“As a legislative body, we have enacted laws to grant law-abiding citizens the right to constitutionally carry firearms and to prohibit the unlawful seizure of such firearms by federal agents under our county sheriff’s jurisdiction,” Humphrey wrote.
A GiveSendGo account has been created to help with Fincher’s legal fees.
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This story is part of the Second Amendment Foundation’s Investigative Journalism Project and is published here with their permission.
Can’t say what’s on my mind, probably get me banned or worse.
Yeah me too. Time for a shot heard ’round the world🙄 The feds are doing this knowing how heavily armed millions of us us ARE…
Like I said in an earlier post. Nothing like a double barrel shotgun blast. To the knee caps. To stop a bum rush on your door.
Not too many manufacturers for ballistic shin/knee protection anymore so outside of some late 90’s to early 00’s surplus or export restricted and/or virtually nonexistent stock European gear yeah door kicking is rough on the knees.
This Russell Fincher?
“Russell Fincher
FBI Agent at Federal Bureau of Investigation
Russell Fincher is a Fbi Agent at Federal Bureau of Investigation based in Washington, District of Columbia”
https://www.zoominfo.com/p/Russell-Fincher/1045727235
The undercover Special Agent Russell Fincher, alias ‘Randall’?
https://coop.vaed.uscourts.gov/moussaoui/exhibits/defense/952B.pdf
No.
But slow on the draw and low quality bait……. which substitute are you as this isn’t the typical Miner?
Your googlefoo is weak, grasshopper…
You’re such a jerk !
Same here. I think most of us are thinking the same thing.
states are going to have to enforce the Supreme *>>LAW<<* of the land against the feds. It is the law above all else. it doesn't matter if it is 1st, 2nd, 4th, 5th, 9th, 10th or 14th amendments, or terroristic threats under the color of authority, they need to be tried and put in jail.
All FFL’s need to become friends with their county sheriff. Sure be nice to have someone there to arrest the jbt’s when they violate your rights
Federal law/authority supersedes state law/authority.
Under the Supremacy Clause, the federal Constitution, statutes, and regulations supersede state law including state constitutions. Whether a state can excuse compliance with or impose greater duties than an otherwise constitutionally valid federal law depends on Congressional intent.
In Ableman v. Booth, 62 U.S. 506 (1859), the Supreme Court held that state courts cannot issue rulings that contradict the decisions of federal courts, citing the Supremacy Clause, and overturning a decision by the Supreme Court of Wisconsin.
In McCulloch v. Maryland, Chief Justice John Marshall solidified the Supremacy Clause as the ultimate authority in United States constitutional law. That decision set out a standard for the entire judiciary; when state laws and the Constitution are in conflict, the Constitution wins.
As long as the Alphabet government organizations are controlled by Tyrannical Liberal democrats. They will always be a threat to Freedom and Liberty
Not so. When any law enforcement engages in unlawful conduct , he is no longer an officer of the law, he becomes a thug and a theif and should be dealt with as such. The state should arrest these NAZIs and press charges and deny bail.
“The government admitted the audiotapes through FBI Agent Russell Fincher, a counter-terrorism agent who listened to numerous audio tapes and read transcripts while listening to the tapes. Agent Fincher also interviewed Padilla at the Chicago O’Hare airport on May 8, 2002. [Doc. 1100, p. 44–94.]“
https://caselaw.findlaw.com/court/us-11th-circuit/1580409.html
No.
What are you going to do about it? Except whine.
Darkman I agree in theory but the red states don’t abide by that. Bruin ,Heller etc. and immigration and drug laws just for starters so the blue states need to grow a pair and do what Ed S says.
The jbt’s are getting out of control.
If enough governors, state ag’s, and legislators jump on this just maybe……..
Doubtful with the doj and fed ag we have now
So what would the possible charge be? Selling firearms outside his FFL parameters?
I believe they are looking into private sales he did while having a FFL. It’s something you gotta be careful with when you have a FFL.
It appears that it is not possible to be “careful enough” today to keep the ATF JBT at bay. They apparently are on a program of using any/every pretense to destroy FFL holders the direction of @FJB’s henchmen.
My understanding it started when he made a clerical error on form 4733 (apologies if i got it wrong). The ATF gave him a warning and closed the issues (even wrote letter detailing the closure). Then they show up out of the blue with this SWAT raid. Sounds like this agent Mongell needs to find another job in another country….or disappear.
Pay attention y’all. There will be more of this unless Congress and the Courts put halt to it. And not just the ATF.
I look forward to the day when the blue freedom states refuse to cooperate with the ATF and the FBI.
Just like when the red communist states refuse to cooperate with the federal immigration service.
Finally, someone who gets it right. Blue is the classic “color” of conservatism, we all know who the Reds are. This bogus Red vs. Blue was fed to by those who want to obfuscate this dichotomy.
As far as the idiot agent statements and coming after law abiding people well he’s just what this admin wants to spark a fire. This so what they hire and use as tools.
As far as the Okie actions and statements you gotta be real careful bout what you say and do when you are in contact with ANY law enforcement (even sheriff’s) in official capacity. Putting cats in bags and all that.
Far as the politician well he might be well meaning but what’s the outcome gonna be? Nothing much IMO
Don’t know OK politics.
Are the senators at all conservative or on any meaningful committees?
I don’t know either, but it is meaningless in the Schumer controlled Senate anyway. THIS (along with judicial approvals) are why voting for Democrats is always wrong. Always.
Government school civics?
Schemer is the US Senate Majority leader. Rep. Justin Humphrey is a member of the OK House.
Police Powers reside in the states (10th Amendment to US Constitution) not fedgov.
Oklahoma politics is conservative. Committees don’t matter because none of them actually do anything about anything
Do they revoke liquor licenses the same way?
Shhhhhh don’t give them ideas
A “modern” discussion of the supposed Fedgov “Police Powers” and the Constitution is WAY overdue. This overreach buy the ATF JBTs might be a great opportunity for such an examination.
ALL the alphabet agencies have way overstepped their bounds under the Constitution in trampling on what is reserved to the States (or the people). Prog marxism applied.
The pic in the article, under it says ‘Courtesy ATF’
‘Courtesy ATF’ is an oxymoron.
FBI Caught Lying! Concealed Carries Stop Active Shooters Far More Often Than Government Admits!
They offered the FFL guy 10 bucks per gun? Thats more of just a slap in the face than anything else. I mean that is a purposely tiny amount of money.
What I don’t understand is why they had any authority to seize any of his guns. None of them are contraband. According to the earlier reports, a I recall, his crime was a number of paperwork errors, not funneling guns to Mexico or straw purchases. He really should sue. He is just the latest victim of the current administration’s policy to reduce the number of FFLs in the country by any and all means necessary.
“According to the earlier reports his crime was a number of paperwork errors“
I wonder why none of these folks have posted the search warrant and attached affidavit?
The individual received a copy of the warrant and an inventory of what was seized and why, why hasn’t that been shared publicly if he is a outraged ‘innocent man’?
“…why hasn’t that been shared publicly if he is a outraged ‘innocent man’?”
Here’s a concept that is foreign to you, Liar69er:
In our legal system, the accused is innocent until proven guilty in a court of law. Fincher doesn’t have to prove his innocence to you or anyone else.
In authoritarian countries, the accused is assumed guilty and has to prove their innocence in a court of law — if they are ever given the chance.
And here’s the inventory of what was taken:
https://substackcdn.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https://substack-post-media.s3.amazonaws.com/public/images/317d58a7-7656-4b10-a833-aa45a63936e6_3024x3452.jpeg
https://substackcdn.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https://substack-post-media.s3.amazonaws.com/public/images/d7719e7f-239a-4c0e-99e5-755bf0c27772_3024x1569.jpeg
Always remember. miner is a proven fascist.
Always remember, jwm doesn’t know what a fascist is.
Man with no Brian, thanks for the list!
But we still haven’t seen the search warrant, which would list exactly what laws the government alleged the FFL Holder had violated.
miner. Your religion is .gov. You support the sanger eugenics plan. You actively seek to place the modern version of poll taxes and literacy tests on a civil right. You know that your plan to require training and testing to exercise a basic right will have a very negative impact on the poor which includes a lot of poc.
It seems I do know what a fascist is. Look in a mirror and you will too. You deny. But remember, the criminal always denies his crimes.
“But we still haven’t seen the search warrant …”
Liar69er, you’re still asking the accused to prove his innocence.
For that reason alone, I’m glad that you haven’t been provided with the warrant.
As a nation we’re in trouble.
Bettleback Bettleback
Bettleback!
Misuse of power. Ahhh com on man, it’s the BATFE.
I see a child was mentioned, the guy should be thankful our good friends at the BATFE didnt burn his house down to save that child. Thank goodness mom wasnt there holding a baby.
:No dogs were harmed in the making of this atrocity:
Biden in 20?, 20?, 20 something.
God save the Queen, man
The10th amendment is the Supreme federal law, just as the 1st, 2nd, 4th etc. If a state makes laws that violate rights (Supreme law) they go after them. There is no reason that the reverse cannot be true. the states made the fed, not vice versa.
If the feds violate their oath and instead of upholding the rights as law,s to be enforced, but rather violate them (commit crimes) states are going to have to grow some elephant size gonads and prosecute the feds for violating the federal Supreme law of the land. And if the feds say you can’t do that, the states just need to say, watch my smoke, it’s just as legitimate for us to enforce rights.
I’m kinda hoping our governor will give us the go ahead.
Leaving it up to lawyers and elects isnt going to get nothing done.
Dont rock the boat if you want to ride with us politics.
another case of the ATF going too far….not the first time…
Sounds like a sternly worded letter is being crafted, they are all literally shaking at the ATF.
Many if not most of these “rules and regulations” are made up by the bureaucracies themselves to gain authority over U.S.citizens.
Laws are to be drawn up by the legislative branch of government not by some division of the executive branch (which batfe is).