ATF agent
(AP Photo/LM Otero)

Aaron Horwath of Kenai, Alaska, was acquitted by a jury of his peers on September 27 on a federal charge of dealing in firearms without a license. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) charged the owner of Gator Guns Inc. last summer on the allegations that he was selling guns from his store despite the agency having revoked his Federal Firearms License (FFL) years earlier. 

The ATF revoked Horwath’s FFL in 2020 due to what the agency claims were “willful violations of federal firearms laws and regulations,” accusing him of failing to record hundreds of firearms sales transactions between 1982 and 2018. Aaron Horwath’s attorney, Steve Wells, says the errors were not willful violations but clerical ones that went unnoticed until the ATF switched to electronic records in recent years. Before that, the agency had never inspected the gun store owner’s records for the nearly four decades he was in business.

“The government describes them as missing guns, but in many ways, they’re not so much missing guns as missing paperwork,” Wells said.

ATF claims contact on two separate occasions in 2021 by individuals informing them Horwath was still selling guns from his Kenai storefront. The agency itself made three separate undercover firearms purchases from the business before filing charges.

The ATF requires former federal firearms licensees to dispose of their remaining inventory without engaging in the business of dealing guns, suggesting sale or consignment to another license holder. However, a dealer may transfer inventory items from the FFL to their personal collection at any time, which is exactly what Horwath did. 

Wells argued that federal prosecutors could not prove that his client had acquired any new inventory since his license was revoked, and had instead legally transferred his remaining inventory to himself, selling the firearms in a personal capacity. A person is not required to have a federal firearms license to conduct private gun sales, making Horwath well within his rights. 

“As a private citizen, you can sell. And there’s no indication that he was buying and then turning around and selling after he lost his license,” Wells added.

Assistant U.S. Attorneys Thomas Bradley and C. Cody Tirpak said in their trial brief that they must prove beyond reasonable doubt that the defendant acted in a capacity beyond that of a hobbyist or collector. They were also required to demonstrate that Horwath dedicated the time and energy to selling guns as a business with the intent of profiting through repeated purchases and sales.

Wells made his argument successfully in a trial that began at about 4 PM on Thursday with jurors returning a “not guilty” verdict around 9 AM the next morning.

Horwath’s acquittal means the ATF must return all of the guns they seized while executing search warrants, a transaction I would not mind being a fly on the wall to witness. Much of the damage, however, has been done, first by shutting down his business, then seizing his personal items and blocking his legal right to liquidate them, then by dragging him into a trial, a strategy seen used often by the government to convey that even in losing, they will destroy you. I would find it appropriate to institute a measure of compensatory damages discouraging such bullying tactics, or perhaps removing qualified immunity from those involved so they could be held personally liable upon acquittal. In any event, Horwath will not get back the firearms that the ATF purchased as part of its undercover operations. They bought those fair and square.

29 COMMENTS

  1. mao, stalin hitler, biden. All leaders that have thrown their opposition in prison.

    Fascism, commune-ism and social-ism are all the same bloody tyranny.

    • Tinfoil alert!

      1) I see that Harris is attacking DeSantis. Does Team Commiecrat think DeSantis is going to be on the ballot, or are they just looking ahead to 2028?

      2) Election guru sez (per Fox) Harras is gonna win and “October surprises don’t matter.” Hmmm, I can see where if Trump ain’t on the ballot in November, it might matter…

      Of course, rational minds think FEMA will flub Milton even worse than Hell-ine and Team Commiecrat wants to scapegoat DeSantis by painting him as hostile. Go Ron!

      I just wish Trump could run from his basement like Biden did.

      Trump/Vance 2024…

        • Your Liberal Progressive Democrat Educational Indoctrination has failed you. Again. Unfortunately you never received the proper education you deserved. Your mommy should ask for her $$$ back.

        • You are almost as insincere as Harris.

          Kamala is interesting name, BTW. “Ka” means soul or spirit in (iirc) Egyptian.

          And “mal” means what? Let see if I can figger that out – malpractice, malicious, malign, hmmm, I think I see a pattern.

          • Well, I guess you could smash an Egyptian noun up against a Latin prefix, but it’s generally not done that way, especially considering it’s an Indian name.

            I think we can learn much more from examining the original name of Donald Trump’s family:

            “dumpf [dʊmpf] adj

            Overview of all translations
            dull, muffled
            musty, fusty, stuffy, stale
            oppressive, close, heavy, sultry
            moldy, mouldy, musty
            muggy, stifling
            dull, oppressed, numb, torpid, apathetic”

            Donald Trump‘s Grandfather Dumpf self-deported from Germany to avoid military service, and ended up running whore houses over here.

            So I guess one could say Donald Trump’s draft dodging is a family tradition.

          • Yep, the apple doesn’t fall far from the tree:

            “Historian finds German decree banishing Trump’s grandfather
            Royal decree ordered Friedrich Trump to leave Bavaria and never come back after he failed to do military service
            Kate Connolly in Berlin
            Mon 21 Nov 2016 11.04 EST
            7 years old

            A historian has discovered a royal decree issued to Donald Trump’s grandfather ordering him to leave Germany and never come back.
            Friedrich Trump, a German, was issued with the document in February 1905, and ordered to leave the kingdom of Bavaria within eight weeks as punishment for having failed to do mandatory military service and failing to give authorities notice of his departure to the US when he first emigrated in 1885.
            Kallstadt, Germany: on the trail of ‘the Donald’ in the Trump ancestral home
            Roland Paul, a historian from Rhineland-Palatinate who found the document in local archives, told the tabloid Bild: “Friedrich Trump emigrated from Germany to the USA in 1885. However, he failed to de-register from his homeland and had not carried out his military service, which is why the authorities rejected his attempt at repatriation.”
            The decree orders the “American citizen and pensioner Friedrich Trump” to leave the area “at the very latest on 1 May … or else expect to be deported”. Bild called the archive find an “unspectacular piece of paper”, that had nevertheless “changed world history”.“

    • “Fascism, commune-ism and social-ism are all the same bloody tyranny“

      The real Commie is Donald Trump, secretly providing aid and comfort to America’s enemies:

      “Trump secretly gave Putin Covid test machines, Bob Woodward book says
      ‘Please don’t tell anybody,’ Russian president advised, according to new book from veteran Watergate reporter
      US politics live – follow updates
      Martin Pengelly in Washington
      Tue 8 Oct 2024 12.30 EDT

      Donald Trump secretly sent Covid-19 testing machines to Vladimir Putin in the early stages of the pandemic when such resources were in short supply, the veteran reporter Bob Woodward reveals in an eagerly awaited new book.
      Trump took ‘British naval secrets’ to Mar-a-Lago, says Christopher Steele
      According to Woodward, Trump “secretly sent Putin a bunch of Abbott Point of Care Covid test machines for his personal use”.“

      • Who really cares if he gave Putin covid testing machines. Mightve been a political move to gain his trust…so in the future if say, a war in Ukraine popped up, Putin might then listen to Trump from a different perspective than he would usually listen to the leader of the USA.

        • Uh yeah Bob Woodward is a “totally unimpeachable source” in golly everything Trump! Doofus still thinks Nixon was an arch criminal(but not slick Willy,Barry Soetoro or Slow Joe Bidum). What a maroon😀

      • And in most cases not testing or seeking medical attention increased survivability of patients as they had a greatly reduced exposure to remsdivir………huh almost like your argument is more of an invalid than Biden. Nice try FBI now go harass people trying to assert their civil rights.

        • “And in most cases not testing… “

          Allowed the infected to spread the disease more effectively.

          How interesting, to consider someone claiming that testing for a disease causes people to die from the disease.

          I see how the MAGA cult could believe the disease was caused by demon seed from outer space.

          • I had the covid. They sent me home from the hospital, I guess to die. How many people did I come into contact with?

            How come churches and beaches were closed but titty bars and liqor store were not?

            Honestly, miner/freisler, if you’re a product of the education system you are the poster child for burning it down and starting over from scratch.

            • “How come churches and beaches were closed but titty bars and liqor store were not?”

              Ethanol kills germs.

              Therefore, booze kills ‘The Virus’… 😉

      • Minor Intellect:

        Why does that Cum-Stained Mattress you support own one of chillun-killin’ Glocks?

      • 1. It was A (as in one) test machine, and it wasn’t in secret. The CDC during the pandemic had publicly said it was sharing such with Russia and other countries to determine its effectiveness. It was part of a common ‘pact’ agreement requirement among countries through the WHO to share such during a world wide pandemic emergency. Trump complied with the requirement, just as Russia and other countries did to also send the U.S. their technology and vaccine submissions for testing for effectiveness.

        2. The “COVID test kits” were sent to all the major countries leaders, not just Putin. It is also part of part of a common ‘pact’ agreement requirement among countries through the WHO to share such during a world wide pandemic emergency to (help) ensure continuity of government to more effectively deal with a pandemic. And they were not in short supply, what was in short supply was the logistics to distribute them effectively to the population at large and that was a major screw up which led to people scrambling to get these kits. This all was also made publicly known during the pandemic.

        None of this is the secret or a nefarious Trump plot that Woodward makes it out to be.

        • “It was A (as in one) test machine“

          Where do you get this stuff? You cite no sources, and it’s obviously bullshit based on national reporting and the Russians themselves:

          “Aaron Parnas34 minutes ago
          Today, Vladimir Putin’s spokesperson Dmitry Peskov has confirmed that Donald Trump sent several COVID-19 test machines to Vladimir Putin”

          Fascinating, you lie even more than the Russians, that’s quite the achievement!

          “The “COVID test kits” were sent to all the major countries leaders, not just Putin“

          So while Americans were dying because of a test kit shortage, Donald Trump is sending test kits to the dictator in Russia?

          So much for that America first bullshit from you guys.

          “requirement among countries through the WHO“

          Interesting, so you are all for following the WHO rules when it benefits Vladimir Putin… That’s some real fucking patriotism.

          “Russian Presidential Press and Information Office (Михаил Метцель, ТАСС) / Wikimedia Commons
          Russian Government Confirms Trump Sent Putin COVID Testing Machines
          Another example of Trump siding with Russia over Americans.
          Aaron Parnas34 minutes ago
          Today, Vladimir Putin’s spokesperson Dmitry Peskov has confirmed that Donald Trump sent several COVID-19 test machines to Vladimir Putin during the height of the COVID-19 pandemic in 2020. Peskov stated: “We also sent equipment at the beginning of the pandemic.

          Previously, the New York Times reported, based on a book from Bob Woodward, that Trump had secretly sent COVID tests to Putin when they were hard to come by in America. In addition to sending him the tests, it was reported that Trump and Putin had spoken at least 7 times since Trump left public office in 2020.”

          Yep, you’re beyond pathetic and straight to ludicrous.

          And secret meetings between Donald Trump and Vladimir Putin?
          Bob Woodward was right about Nixon and Watergate and he is right about Trump and Putin.

  2. As crooked LEOs are wont to say, “You might beat the rap, but you won’t beat the ride.”

  3. Arkansas
    Bryan Malinowski
    the batfe
    your government’s 2a rights enforcers
    Freedom🇺🇸🥰Xax

  4. The US Supreme Court heard oral argument yesterday in the VanDerStok v. Garland case involving whether ATF has the authority to expand the definition of firearm. Mark Smith Four Boxes Diner discusses.

    h ttps://www.youtube.com/watch?v=mMyyKX-qyfE

  5. State Goes After Pro-Gun Cop.

    Massachusetts went after a cop who opposed a new, massive gun control bill.

    h ttps://www.youtube.com/watch?v=iUE6j7gix7I

  6. LAWYER: Cop Tricks + Tactics AFTER a (self defense) Shooting To DESTROY You! DGU, Castle Doctrine, Conceal Carry.

    h ttps://www.youtube.com/watch?v=1oGK8Opy5zM

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