Bob Stewart Is
Proven it to myself, can we prove it to the jury?
August 15, 2001
information includes the new trial date/time.
certain that there are a number of folks familiar with the pending case
against an American Patriot, Robert "Bob" Stewart.
have never met Mr. Stewart personally or spoken with him on the phone.
I have searched & searched for anyone to discredit him, to speak ill
of or against him. The worst thing anyone could find to say was that he
is very outspoken. There are no victims of his alleged crime, only himself
and his family. I haven't sent any donations to him or transacted any business
with him. I have emailed him with questions regarding his case and he has
responded when possible. I honestly don't know why his case concerns me,
or why I've spent many countless hours looking into and searching out laws
related to his case. It has at times taxed my marriage due to the hours
I have spent on this computer. Perhaps it's divine guidance, perhaps it's
what appears to me as an injustice. The "why my interest" bugs me as much
as the facts surrounding the case does. This is the expressed conclusion
that I have come to by reading cases and the law.
The statements below
regarding Mr. Stewart are to the best of my knowledge, any inquiries I've
made of him have been with the stipulation that he doesn't reveal anything
that might serve to incriminate him since I am not his legal counsel and
could be subject to subpoena. You can find more aspects of Mr. Stewart's
story here: Bob
I was drawn in by my own curiosity, and the deeper I dug, the more I
discovered that it appears Mr. Stewart is a victim of injustice."
I don't ask you to take ANYTHING written here in this
article on blind faith & face value; I didn't. When I first heard about
it I didn't give it much thought; it was an event on the other side of
the country that didn't affect me. But somehow I was drawn in by my own
curiosity, and the deeper I dug, the more I discovered that it appears Mr.
Stewart is a victim of injustice. I urge you to look into it as well and
see if you don't discover the same. Again, I might very well be very wrong
when it comes to law, but I believe somewhere it says to the effect "let
no law be written that the common man cannot understand". I have no background
in Law, I sincerely wish I had, for Mr. Stewart's benefit. Thank you for
taking your time to review and consider this matter.
Stewart is an outspoken American who believes in the Constitution and all
the rights it guarantees to Americans. Some years back, Mr. Stewart
was arrested & charged for allegedly possessing some guns in violation
of the NFA. Mr. Stewart apparently did not have very good representation
and pled guilty to the charges brought against him. He served his time
as a result. This made him a convicted felon.
Stewart got on with his life, his passion was still firearms and he assumed
he had found a legal niche that allowed him to be involved with firearms
without violating any laws. (Mr.
Stewart's Web Site) He designed the Maadi-Griffin rifle, had a licensed
firearm manufacturer produce the raw incompletely machined components.
He then sold these parts kits to folks to complete the machining and assembly
of the complete rifles. People building guns from scratch or from gun kits
and demilled gun parts is not uncommon in the firearm industry. You can
find such parts kits in Shotgun News and a number of internet sites dedicated
to building guns like the FAL or Browning 1919A4 belt fed rifles. In fact,
if there are no laws that otherwise prevent you from owning a gun, you
can yourself build a gun from scratch if you like, certain restrictions
apply. See question A7 in the BATF
Firearms FAQ (a PDF File).
Stewart operated his Maadi-Griffin company in full view of the law, advertised
on the web and in all the trade journals and sold a number of kits.
This began to worry the BATF and the Clinton administration. It wasn't
long before BATF decided to raid Mr. Stewart. A "fishing trip" according
to an inside source close to the BATF.
Agent purchased a kit from Mr. Stewart. The agent tried to get Mr. Stewart
to assemble and complete the kit for him which Mr. Stewart refused to do.
The agent himself then completed the kit enough for the firing pin to discharge
a primer on a cartridge (in effect altering the evidence?) and presented
it to a Judge to obtain a warrant to search Mr. Stewart's residence. The
rifle was by no means completed due to the additional required machining,
head spacing and hardening requirements. Had it been used to fire an actual
cartridge, the rifle could have possibly blown up. I know this as fact
from my own background in machining. The agent's claim was that Mr. Stewart
was selling illegal guns through the Internet. The warrant was granted
and in typical fashion, the agents stormed Mr. Stewart's residence.
Mr. Stewart isn't some recluse hiding out in some cabin somewhere. He is
a devout Mormon with a wife and 3 children, he lives in an upscale neighborhood.
Agents spent the entire day at his home combing it from top to bottom.
They allegedly found a handgun and other evidence. This was what they wanted
to find. This would make Mr. Stewart a felon in possession of a gun, a
serious Federal crime, so they claim.
during the time very close to the raid on Mr. Stewart, former president
Clinton passed legislation that, among other things, barred the import
of the surplus M2 barrels specified in the Maadi-Griffin plans.)
dropped all charges related to the gun kits and charged Mr. Stewart with
"a convicted felon in possession of a firearm in or affecting commerce".
This is the key point in this case. It seems that most folks only hear
felon in possession of a firearm and not the rest of the law.
that reads "to ship or transport in interstate or foreign commerce, or
possess in or affecting commerce" cannot be ignored. Why so many don't
hear the rest of the sentence disturbs me. The law says what it means and
means what it says, it is literal, so much time is spent in cases using
Blacks Law dictionary to define & determine & scrutinize the meaning
of each and every word and the context in which it is used in the sentence.
To ignore "to ship or transport in interstate or foreign commerce,
or possess in or affecting commerce" is a travesty of justice. Furthermore,
there are cases that specifically decide that mere possession isn't evidence
of "shipping, receiving, transporting or affecting". Blacks Law dictionary
will help answer any questions as to the meaning of those words. Perhaps
the laws of the State of Arizona say that mere possession is a crime, but the U.S.
Code does not.
shall be unlawful for any person who
has been convicted in any court of law,
a crime punishable by imprisonment for a term
exceeding one year; to
ship or transport in interstate or foreign commerce,
or possess in or affecting commerce,
any firearm or ammunition; or to receive
any firearm or ammunition which has been
shipped or transported in interstate or
Fatal Flaws in the Federal
this is where it appears that the Feds case falls apart. Read the case
law, the Emerson
decision (a PDF File), Coward v. United States and the resulting Dalzell
Opinion, Lopez v United States and many others. See James
Bardwell's site for a significant collection of firearms cases. Do
a search on google.com for any of the mentioned cases. Search FindLaw
and the Cornell
Mr. Stewart to be guilty of the Federal crime of firearm possession, he
would have had to been caught "shipping, receiving, or transporting" the
alleged handgun across state lines. Like driving to a gun show in another
state with a gun in the car. The Feds jurisdiction is between the States
not within the State. See United
States v. Antelope for one interesting jurisdiction example. At the
time of the raid, upon discovery of the alleged handgun in the home, the
BATF agents should have allowed the local Arizona police to seize the alleged
evidence and brought charges under the laws of the State of Arizona. Every
state has laws regarding felons possessing firearms otherwise it would
simply be a federal crime everywhere and there would be no need for any
state law with regards to felons with guns. Incidentally the law regarding
felons possessing firearms sometimes reads "persons convicted of crimes
of violence" instead of "Felons". The Arizona law reads this way. Using
felons creates a bigger rights infringing net. This difference is
important to the freedom of all Americans since so many white collar, non
violent crimes are Felonies. Like writing a bad check.
investigation in the laws of Arizona are even more interesting. If a person
has only one felony count, their civil rights are automatically restored.
Title 13-912 which also references Title
13-906. Two or more felony counts require judicial review See
Title 13-905. The exception to this is the right to posses firearms.
Providing that you haven't committed a violent or serious felony like murder,
rape, armed burglary you simply apply to have your right reinstated. A
special provision is made in the law specifically for those who have been
convicted of Federal offenses See
Title 13-910, or felonies outside of Arizona. In addition, you might
question the act of obtaining a firearm from a FFL dealer & the resulting
Form 4473 which it is a crime to falsely answer any of the questions and
the question regarding being convicted of a felony crime. Perhaps
you can't, by Federal law, purchase a gun from a FFL dealer. I would think
that it would depend on your civil rights status with the State of Arizona.
What about a purchase from private party? Note the statement from 13-3114
in regards to the Arizona Firearms Clearance Center or NICS system:
This section does not apply to private firearm sales or transfers which
are not subject to any federal law or any other law of this state.
yourself this question: If the Feds have supreme jurisdiction, what is
the need to have these laws on the books in Arizona? Or any other state
for that matter? The answer is in these words: "to ship or transport
in interstate or foreign commerce, or possess in or affecting commerce".
Essentially, this appears to be the entire issue with this case. Mr. Stewart
has petitioned the court for proof of jurisdiction in this matter. It's
my opinion after reading tons of case law, (mind you I am not in
the legal field in any manner so I might be grossly misinformed) that this
may have been a matter for the Arizona Courts, certainly not the Federal
Courts. In my opinion, the judge should have remanded the case to
the State or BATF should have prosecuted Mr. Stewart on the original charges
related to the gun kits. (Which would have likely been thrown out).
can read & research the cases yourself. The Dalzell
Opinion in the Coward v. United States in fact says that the firearm
must be involved in interstate commerce. In fact, the BATF contradicts
themselves in their own explanation of the law & implied jurisdiction.
First, it is perfectly legal for individuals to sell their personal firearms
to other individuals within their own state without any license or paperwork,
there are legal stipulations of course like selling them to kids. To sell
a firearm across state lines or to a resident of another state, even if
that person drives to your home from another state requires a FFL dealer
to complete the transaction. In addition, laws related to the purchase
and use of explosives specify that the State governs the purchase and use
by individuals as long as the explosives stay within the boundary of the
state. See questions 38 and 77 at the BATF
Explosives FAQ (a PDF file). In fact, a type of explosive called a
Binary explosive is not regulated by BATF. A Binary explosive is a compound
that is only explosive when mixed, like the fertilizer & fuel oil bomb
used in Oklahoma City tragedy. Note though, that most states require a
State issued Explosives License to possess or use ANY explosives including
the Binary type.
addition, there could be more to this case than just the law. As I researched
and read and became more and more disturbed at what I read, I hastily jotted
down a timeline of events which transpired -- and formulated it into the
following outline. I will admit
that this outline sounds very "Conspiracy Theory" and quacky in nature, and I place no credible merit in what it
represents; it was just an incomplete
compilation of my notes that came about. I will admit, when I organized
these notes chronologically, I got that sick sinking feeling in the pit
of my stomach.
Exclusionary Rule Reform Act H.R. 666 where US Representatives refer
to the BATF as "Jack-Booted Fascist Thugs". Start reading after time mark
BATF Good Old Boy Roundup
Gene Rightmyer, former BATF agent, organized and led the Roundup from 1980
through 1995. This was the noted gathering with African American check
points & African American Hunting licenses. (Note: African American
isn't the word they used.)
agents willingly commit perjury when testifying about the accuracy of the
BATF knew its records were faulty as evidenced by statements
of Mr. Thomas Busey, Chief of the National Firearms Act Branch,
in an official Roll Call Training Session (Oct. 1995)..... their
chief man says they were 49 percent wrong.
Ross publishes “Unintended Consequences” -- an 864 page fictional novel in
which, in part, BATF agents are charged with the duty of confiscating all
firearms from citizens.
Report responding to complaints of excessive force by BATF agents.
of Force: ATF Policy, Training and Review Process Are Comparable to DEA's
and FBI's (Chapter
Report, 03/29/96, GAO/GGD-96-17).
Report responding to the sharp decline in firearm dealers
Firearms Licensees: Various Factors Have Contributed to the Decline
in the Number of Dealers (Letter
Report, 03/29/96, GAO/GGD-96-78).
testimony regarding the BATF recording & cataloging firearm purchaser
data when they are restricted by law from doing so. Alcohol,
Tobacco and Firearms: Issues Related to Use of Force, Dealer Licensing,
and Data Restrictions (Testimony,
Report responding to BATF recording & cataloging firearm purchaser
data when they are restricted by law from doing so. Federal
Firearms Licensee Data: ATF's Compliance with Statutory Restrictions
Report, 09/11/96, GAO/GGD-96-174).
Physical Abuse by BATF Agents as reported in the The Detroit News by Wayne
Cover-Up Results In Charges ATF agents accused of lying. Charges claim
one mistreated suspect, both covered it up. Alcohol, Tobacco and Firearms
Special Agents Regan J. Scott and Joel J. Kirkpatrick were indicted earlier
this month by a federal grand jury on charges they abused their positions
and disobeyed orders by participating in a raid with Detroit Police on
Oct. 7, 1996.
v. Ward, - F.3d - (10th Cir. 1997)
sued Ward & 6 unknown BATF agents & the US Government for willful
damage of property resulting from a fruitless search warrant. Presiding
judge recognized the abuse.
Report & testimony prepared by Rep. Rod R. Blagojevich & Rep. Henry
Long-Range Fifty Caliber Sniper Weapons (a PDF File)
Original Typed Brief (a PDF File)
Report Office of Special Investigations
Weaponry: Availability of Military .50 Caliber Ammunition
Henry A. Waxman, Rod R. Blagojevich
ex-wife of John Ross, author of “Unintended Consequences” targeted and
approached by BATF agents in an attempt to solicit probable cause for a
raid on John Ross. The novel has continued to gain in popularity among
people in all walks of life. In its 5th hardback printing.
Stewart's Residence raided by BATF agents
by James Jeffries III, attorney for John Ross addressed to Bradley
A. Buckles, Director Bureau of Alcohol, Tobacco and Firearms requesting
that they cease their harassment of Mr. John Ross.
Clinton signs an Executive Order or legislation that among other things
bans the importation of M-2 .50 caliber gun barrels. These are the barrels
specified in the Maadi-Griffin plans and the Paladin Press "Home Workshop
.50 Caliber Sniper Rifle" Video
gun dealer raided by agents. Firearm inventory seized including numerous
antique firearms willfully damaged by agents. No charges filed against
the dealer, Jerry Michel of Specialty Firearms (480) 962-0913 1055 N. Mesa
Drive, Mesa Arizona 85201.
York Times “alarmist” report on .50 caliber rifles:
Big, Bad, Fun Gun
.50 caliber sniper rifle can blow a hole through an armored car. You call
Report “The Fifty Caliber Militia”
biased and outrageous report on the private ownership of single shot .50
caliber target rifles. Rep. H. Waxman linking all owners of .50 caliber
rifles to the militia and Timothy McVeigh.
encourage you to read the entire debate regarding HR 666 (a coincidence
too) Exclusionary Rule Reform Act. Where Representatives of our own government
refer to the BATF as "Jack Booted Fascist Thugs" and cite examples of their
abuse. This is a government document on a government Server.
the information supplied within this article comes from public records,
official court documents or the Governments own computers. When I started
this search, I found plenty of information but I refused to consider anything
other than official documents or publications. I was certain that I wouldn't
find anything substantial. I was very wrong. As I continued my research
and discussions on the Internet, I began to notice strange things going
on with my computer, specifically my external modem. A substantial amount
of data transmission was taking place when I was idle and web pages were
taking a very long time to load. I installed a Firewall and was alarmed
at the number of pings and "hits" that I was receiving. I traced many to
Alexandria, VA. Again, more than likely just a coincidence, but a creepy
one at that especially with what I was reading. If you take the time to
verify everything that you see here and become alarmed, you will not be
Record: February 8, 1995 (House)]
the Congressional Record Online via GPO Access [wais.access.gpo.gov]
RULE REFORM ACT OF 1995
you discover what I have found to be true regarding the application of
the law in Mr. Stewart's case then I urge you to be there in court if possible
with Mr. Stewart to stand by him and support him and to report on what
takes place. When I began writing this article, Mr. Stewart's court date
was August 14th, 2001, this has been postponed. Strangely, I read in a
discussion forum a number of posts where Mr. Stewart's case was being discussed
and someone claiming to be an attorney insisted that as the trial date
approached, that Mr. Stewart would plead guilty. This individual had an
invalid email address and would only answer in the forum and their posts
were very carefully worded. I find the fact that Mr. Stewart has no intent
of pleading guilty to anything and the trial postponement to be yet another
strange coincidence. Also interesting is that on 8-6-01 the 9th Circuit
ruled in favor of a previously convicted felon's right to possess firearms
under a State charge of felony firearms possession. (9th
Circuit Ruling, a PDF file).
trial is to be held in Judge Silver's courtroom in Phoenix on:
know anyone in the legal field that might be interested in this case or
able to provide legal support, please forward it to their attention.
21st at 2:00 PM
West Washington Street
the author, I grant permission to repost this article in any public forum
providing that is is copied in its entirety with the HTML links to the
supporting data (not in simple text format). If you don't know how to do
that, then simply link to its original publication address on
to remain anonymous, and I seek no credit for my work. Those who need to know
who I am, do know. After all, if BATF will harass someone for a work of
fiction, imagine what they might do to someone for printing the facts.