November 28, 2001
LANCASTER, KENTUCKY -- An automotive technician had his home raided by
federal agents over a 35 year-old non-violent felony on Tuesday. After the
7-hour action by the Bureau of Alcohol Tobacco and Firearms that cost the loss
of all firearms and a computer hard drive, Charlie Puckett vows to fight back.
"I will do whatever it takes to get my firearms back," he said.
At issue is the Constitutional guarantee against enforcement of ex-post facto
laws. Puckett was convicted in Virginia back in 1966 after for a crime of petty
theft -- stealing food from a grocery store. Some years later, that crime was
upgraded to a felony based on the value of the theft being over $100. The Gun
Control Act of 1968 stated that a convicted felon could not possess firearms,
but this crime was not processed as a felony, and it happened two years before
GCA '68 was signed into law. Puckett was 19 years of age when the incident took
place.
"I was young then, and we were hungry", said Puckett. But somehow,
someway, a 35-year-old, non-violent felony justified Puckett's home being
ransacked by treasury agents, his property confiscated.
According to Robert Young, Special Agent in Charge for the BATF, a search
warrant was served on Puckett for "suspicion of illegal firearms
possession." This is what they apparently told the local newspaper
(and probably convinced Federal District Judge Todd, who signed the warrant).
Don York, a spokesman for the BATF said that Puckett has never applied for a
"restoration of rights'' with the BATF to allow to him to own firearms.
And it was never an issue -- for 35 years.
But the BATF failed to mention that Puckett -- who has never been charged
with any crime since, married to the same woman for 33 years, and a father of
two, with one grandchild -- had voted in every presidential election since 1968.
"I even filled out the 4473 forms to purchase these firearms, and went
through background checks," he told Sierra Times.
Convicted felons are also prohibited from voting, and background checks are
supposed to catch them. Perhaps he never made it into the system because he was
never convicted of a felony.
Puckett also stated that he has a Kentucky Concealed Carry Permit. "And
they check it every week to make sure nothing new comes up on someone's
record," he said. Puckett has worked as an automotive technician for all of
his adult life.
The Take Down
According to Puckett, the incident began with a call from the BATF around
9:30 am. "They wanted to meet me in a neutral location to look at photos
concerning the Steve Anderson case." Anderson was allegedly involved in a
gunfight with two police officers in Bell County, Kentucky on October 14th of
this year. Despite a $5,000 reward for capture, Anderson is still at large.
Puckett, insisting he has no ties to Anderson, agreed to meet at a local
store to assist the BATF in their ongoing investigation of Anderson. Upon
arrival, he made the mistake of taking federal agents at their word -- he was
served with a federal search warrant instead. "From there, we got in their
car and drove back to my place," said Puckett.
Reports say that between 35 and 50 federal agents (backed up by locals) took
part in the search. The dress was fed-casual: no ski masks or helmets, but the
body armor (with ATF logo) was on top of the shirts, sporting Glock .45's and at
least two M-16 rifles at the ready. No snipers were spotted.
The agents spent about 7 hours in the Puckett home, while Charlie remained in
his garage -- prevented from watching them rifle through his belongings. He was
not harmed, nor was he handcuffed during the search. "I feel like a woman
that has been raped and left to die," he said after they left. His wife
remains emotionally distraught over the ordeal.
The Loot
The mystery about the Puckett search and seizure is not what was taken, but
what was left behind. Puckett reports 5 weapons taken: Two bolt action (single
shot) rifles, two side arms and 1 SKA semi-auto are now in BATF possession. But
for a home that warranted up to 50 tax-supported, armed agents in body armor,
the firearms belonging to Puckett's son were left behind.
The jewel of the Puckett raid seems to have been the hard drive from his
computer. "But they won't find much there. I never leave sensitive
information there. All of my contacts and other important information is kept
off site and in a safe place," said the angry BATF victim.
The Fallout
No arrests were made. No charges have been filed. No court date has been set.
"They just left," he said. Still, Puckett says he's not done with this
matter in the least bit. He is throwing down the gauntlet. "My Questions
are for the Assistant U.S. Attorney in the case: Are you going to prosecute
this? Under what grounds? If you took an oath to follow the Constitution, this
cannot be prosecuted due to the ex-post facto provision!"
Puckett said that he has found legal counsel and will be speaking with him on
Wednesday. He also stated that he has a network of close associates who would
assist in any legal costs. There is wide speculation that the raid on the
Puckett home was merely a desperate attempt to glean any information on the
whereabouts of Steve Anderson -- hence the hard drive seizure.
Puckett said he had plans to run for a seat in Kentucky's 34th congressional
district. But after his bout with federal authorities, he has a different taste
about working or associating with any federal authority. "First thing I'm
going to do [Wednesday] morning is call that FBI contact and tell him we are
done. I am never talking to them about anything again." He included a newly
developed unwillingness to disclose any information about Steve Anderson, if
such information ever came his way.
Puckett stated that he has worked with law enforcement before. According to
Puckett, he helped local Danville police round-up 28 suspects back in 1997.
"We also recovered a stolen police pistol," he said. But those days
are over now. "I am breaking off all contact with federal law enforcement.
I have lost all faith in this government."
Puckett also urges friends and associates from around the country to remain
calm, and not to jump to any conclusions. "No need to do something stupid
folks. You could be next."