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While the link is up GRAFTON – Michael J. Kelly Sr. of Grafton, indicted on 206 firearms-related counts, went to trial Monday, June 21, in U.S. District Court with jury selection and opening statements being held. According to court files counts 1-84 and 127-204 allege unlawful transfer of machine guns. Kelly is accused of transferring machine guns not registered in the National Firearms Registration and Transfer Record. Authorities are also alleging appropriate taxes weren’t paid. A machine gun is defined in the proposed jury instruction as “any weapon which shoots, is designated to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, or by single function of the trigger.” The instructions go on to state that counts 85-94 allege mail fraud with Kelly being accused of sending M-14 receivers, and in some cases fully assembled M-14 rifles. According to instructions counts 95-97 allege unlawful transfer of firearms to a non-resident and counts 98-126 allege unlawful possession of firearms. Count 205 alleges unlawful possession of semiautomatic weapons. Allegedly Kelly operated from various locations under the names M-K Specialties, MKS and M-K Specialties Inc. Assistant U.S. Attorney Robert H. McWilliams Jr., the criminal chief for U.S. Attorney Thomas E. Johnston is representing the federal government. Also on the case are Randy Bernard and Michael Stein, assistant U.S. attorneys. Kelly is being represented by Jim Zimarowski of Morgantown, as well as Richard E. Gardiner of Fairfax, Va., author of “To Preserve Liberty – A Look at the Right to Keep and Bear Arms.” Send us your comments about this article. You made a slight mistake in your quoting of the jury instructions. It should read, "designed to shoot" not "designated to shoot." This definition is lifted straight from the 1934 National Firearms Act. Since Kelly was welding together de-milled receiver halves in such a way as to render them incapable of firing "automatically more than one shot, without manual reloading, or by single function of the trigger.” He was essentiall building new semi-automatic only rifles. However, his real mistake was not in having proper ATF approval to do so. Also, his real crimes are mail and wire fraud, as he promised his clients that he did have ATF approval and that he would reimburse them if the ATF ever confiscated their rifles. He neither had ATF approval nor has he reimbursed a singal client. Joe Cheavens Please continue to cover this most interesting story. Can you provide any testimony or detail the exhibits? Thank you. T Cox To all those whom seem to forget all people are inocent until PROVEN GUILTY, and that is what the government has to do. To all that have guns for hunting or for whatever reason they have them the ATF (government angency) DO NOT I REPEAT DO NOT want you to have them. Remember your rights, remember the 2nd amendment. Michael Kelly DID NOT manufacture machine guns, this case is based on a opinon not a LAW! All those that support the 2nd amendment and their rights to bear arms speak out. Please email me with any questions. Thank You, MaryAnn Kelly maryann kelly Sirs, thank you for being the source of news on the Kelly trial. In fact the ONLY source of news on this trial. Hopefully you will follow up with continuing news on this trial that has affected hundreds of the buyers of Mr. Kelly's product across America. Sincerely, Jon Aronson Dr. Jon Aronson Thank you for covering a story that is so directly important to citizens across the county. The BATFs case is based soley on their own opinion and it has no merit. What they state about the firearms being machine guns is a falsehood. It was be easier to start from scratch to make an illegal firearm than to try and convert one of the rifles made by the Kelly's. These rifles were also sold legally to hisorical arms collectors at a premium price compared to similar rifles on the market. If these rifles are proved to be illegal then any arm owned by any man or woman could be proved illegal and confiscated without compensation. Lastly, the BATFs tactics have been dishonest at best and they have one again bullied and scared innocent civilians to try and claim they are worthy of their existence. Good luck to all involved. If the BATF prevails it will be another blow against freedom for all Americans. Mark A. Bethel From a retired Military veteran of two wars, whose family has defended the Constitution since 1777 the War for Independence. As usual the BATF has again attacked inocent Americans and victims of an alleged crime with deceit and inuendos. The rifle receivers in question would take professional artisians, industry heat treatment and expert machinist to convert to automatic fire. In retrospect, an amateur could convert any semei automatic .22 rifle to automatic with a little knowledge. Ban all Rugers, Winchesters and Remington?? Is this the next step, totaly abolish the 2nd Amendment of the Constitution? You only have to remember the front page of the Miami Newspapers of the BATF and their legal Machine Guns pointed at the body of an 8 year old Cuban boy. Again, rmember almost 80 American men women and children who died in Waco TX. This is what America dosen't need, Internal Terrorist. John Adams etal are turning over in their graves. D. Sass |
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