Institute for Legal, Legislative and Educational Action
An Indianapolis gun store that was robbed is trying to get its inventory back, but not from the robbers.
In a handwritten complaint filed in an Indiana federal court last week, Andrew Hall, owner of Profire Arms and Supply, alleges the Bureau of Alcohol, Tobacco, Firearms and Explosives will not return firearms agents recovered from the suspect who robbed the store.
The lawsuit also claims that charges are not being pursued against the individual who stole the guns.
Profire, which specializes in manufacturing machine guns, silencers, ammunition and performing demonstrations, was robbed Sept. 20 when a trailer containing 12 machine guns, 17 suppressors, eight handguns and 20,000 rounds of ammo were stolen from the store’s parking lot.
A few hours later, local authorities and federal agents found the trailer empty on the other side of town, and a few days later, apprehended individuals they believed were involved. However, just one of suspect was charged.
According to court documents, police arrested 42-year-old Clifford Helm on Sept. 25 and he’s been indicted on felony possession of a firearm. Helm was convicted in 2006 of driving while intoxicated and causing death.
Hall claims that the ATF is violating his constitutional rights by withholding his inventory .
“The Second Amendment allows us to keep and bear arms. I do not have possession of my property and it is not being returned,” the complaint reads. “This infringes upon my right to keep and bear arms.”
“My firearms have been unreasonably seized by the government and are not being returned,” the complaint continues, citing Fourth Amendment violations.
Hall requests the court order the ATF to return his property, loss of profits generated by property seized and legal fees.
In addition to the lawsuit, Hall launched a GoFundMe page to raise $10,000 to retain the services of an attorney.
http://www.guns.com/2015/04/03/indianapolis-gun-store-sues-atf-for-keeping-recovered-firearms/