Federal Government Responds
to Gun Kit Maker's Challenge of Jurisdiction
Gun Kit Maker Responds in
by Angel Shamaya
April 28, 2001
The federal government's prosecuting attorney
motioned to strike Mesa, Arizona gun kit maker Bob Stewart's Bill of
Particulars. In his evasive 6-page motion, Agent Welty (prosecuting attorney)
offers an attempt at a conclusive statement, as follows: "No bill of
particulars should therefore be required of the government."
Bob Stewart responded with a continued request
that the judge either require a response or accept his stipulated
"answers" as the true and correct answers in the event of trial in his
case. You can read the two documents below.
If you have no idea what this is all about, to
get up to speed, immediately following are links to previous reports, in
chronological order. In essence, a gun kit maker is challenging the ATF's
jurisdiction after their having assaulted him and messed up his life quite
thoroughly, and their prosecutor doesn't want to go there. Mr. Stewart's grounds
for pressing the matter are intriguing. If the judge does the right thing and
requires the federal government to respond to Mr. Stewart's filings, Bob Stewart
contends that this case is "a landmark case that will stop this tyranny
that has been going on."
raids gun-kit manufacturer
gun-kit maker released
Rules Against Bob Stewart -- Says Kit is a "Gun"
for Suppression of Search Warrant to be Submitted (later refused)
Kit Maker Challenges ATF's, Court's Jurisdiction (most recent filings, to
which the following documents are responses and counter-responses)
Mentioned in the Above Report
6 Pages -- Response to Defendant's Special
Demand for Specific Bill of Particulars & Motion to Strike Bill of
Particulars Proposed for Stipulation
This is the federal prosecutor's response to
Mr. Stewart's request for clarifications as to the true nature of their alleged
case against him. Agent Welty (prosecuting attorney) is basically asking the
judge to throw Mr. Stewart's documents in the trashcan in his bid to avoid the
jurisdiction issue altogether.
12 Pages -- Alleged Accused's Reply to
Plaintiff's Response to Accused's Special Demand for Specific Bill of
Particulars and Response to Plaintiff's Motion to Strike Bill of Particulars
Proposed for Stipulation, with Affidavit of Verification
This is Mr. Stewart's response to federal agent
Welty's attempt to avoid dealing with the fact that the ATF has no jurisdiction
3 Pages -- Affidavit of Verification for the
Alleged Accused's Reply and Memorandum in opposition to alleged plaintiff's
Motion to Strike the Alleged Accused proposed Bill of Particulars
This is the affidavit Mr. Stewart submitted
with the above 12 pages, once again reiterating that he needs some information
in order to be effective in his defense.
We now await federal judge Roslyn O. Silver's response to this back and forth
paper war. Will she grant Mr. Stewart's requests for the ATF to clarify their
alleged jurisdiction? Or will she protect the alleged jurisdictional veil under
which the ATF has been operating for a very long time?
We shall know soon enough.