Judge grants Red’s Trading Post injunction
US District Judge Edward Lodge has granted Red’s Trading Post an injunction to continue their full operation. The ATF had maintained that Red’s was a threat to public safety because of the minor violations which included paperwork errors that amounted to less that one percent. Red’s Trading Post had a 99.6% success rate in their 2005 audit, yet the ATF maintained that Red’s had "willfully" violated their policies.
The word "willful" was added in 1986 by Reagan and Congress to protect dealers, it is the responsibility of the ATF to prove that Dealers "willfully" committed violations. The ATF made the decision to partially revoke Red’s license in early March, only allowing them to sell their remaining firearms. ATF DIO Richard Van Loan made the decision to no longer allow Red’s the ability to acquire firearms. Van Loan stated that this position was to protect the Public Safety. Van Loan had also made the decision to deny Red’s request to continue supplying firearms to Law Enforcement as well.
Judge Lodge noted in making his decision that "the ATF speaks of violations found during the inspections of 2000 and 2005, but fails to reveal that additional investigations in 2001 and 2007 revealed no violations or problems." He also notes Red’s statement that ATF is exaggerating Red’s conduct by "double counting" certain violations. Also noted was the balance of the ATF’s hardship compared to Red’s hardship.
The judge found "that granting the preliminary injunction would not place the public safety in jeopardy" and "that that the relative hardships tip sharply in favor of Red’s."
Manager Ryan Horsley states "We are very pleased with the Judge’s decision to allow us to continue to our full operation during the court proceedings. For over 70 years my family has operated Red’s with honor and integrity and we will continue to do so." There has yet to be a court date set. Red’s Trading Post was established in 1936 by Horsley’s great grandfather and is Idaho’s Oldest Gun Shop.