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Federal Government Responds to Gun Kit Maker's Challenge of Jurisdiction

Gun Kit Maker Responds in Kind

by Angel Shamaya
Founder/Executive Director
KeepAndBearArms.com
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."

Background Information

• BATF raids gun-kit manufacturer
• .50-cal. gun-kit maker released
• Court Rules Against Bob Stewart -- Says Kit is a "Gun"
• Motion for Suppression of Search Warrant to be Submitted (later refused)
• Maadi-Griffin Parts Kits

•
Gun Kit Maker Challenges ATF's, Court's Jurisdiction (most recent filings, to which the following documents are responses and counter-responses)

Related Documents 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.

Graphic Images of the six pages:
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6

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 over him.

Graphic Images of the twelve pages:
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6
Page 7 Page 8 Page 9 Page 10 Page 11 Page 12

Text Versions of the twelve pages:
MS Word
Word Perfect
Adobe Acrobat (.pdf)

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.

Graphic Images of the three pages
Page 1 Page 2 Page 3

Text Versions of the three pages
MS Word
Word Perfect
Adobe Acrobat (.pdf)

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.

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