My wife was getting ready to head to town with her brother. (That’s why he was there) Joel when to put a sweater in his truck and BLM Officer Penninger yell for him to step away from the vehicle Joel Complied. The Officer then approached us and stated that with us in a bus with Militia propaganda on the side of it and Joel putting something in the truck makes him nervous that we are going for a gun and make him feel he needs to have his gun out. I stated that I understand and that I have 2 small children in the bus. After he ran my name he gave me back my license and said that I need to be gone when my permit expires. That if I did not want attraction from the police that I should paint my bus,and he left.
At that point Joel and my wife Rebecca Ries left for town. I called my parents. A few moments later I noticed Joel driving back with the BLM officer following with his light on. I told my parents I had to go and hung up. I began to step out and Officer Penninger told me to step over to his truck. I asked if I could put on my shoes. He said no that I needed to come with him. I then asked if I was under arrest. He said no. I then stated that if I am not under arrest that I am free to leave and that I did not have to answer his questions. At that point Officer Penninger had me place my hand behind my back. And told me that I was being detained pending an arrest. (For about the next hour or so I stood barefoot in the hot rocks and handcuffed.) He told me the reason I was detained was because my name came back different than what I had given him. I told him I was legally adopted. That My Name was Justin Jameson before that. (All of this was happening in front of my children who did not know I was adopted) I also stated that I had my decree of adoption inside the bus.
My parents arrived in there truck and my father showing he had no weapon’s approached. Officer Penninger informed him they had to leave. Floyd Stated he was there for the welfare of my children. Officer Penninger told them they had to leave immediately. Floyd Ries informed him that it was public lands and he would pull his truck back towards the road but would not leave.Also he had told Joel to leave or he would be arrested . So Joel left.
I was then asked if I had ever been convicted of a felon. I said yes in 2002 in the State of Montana But My Full gun rights and Civil rights have been restored. Penninger then made some phone calls looking into my statement. I was asked what the conviction was and I stated Accountability to the actions of another as it states on the Montana DOC web page.
He told me that they were unable to confirm if I had a felon or not. I was released from hand cuffs, and my wife was able to bring me my shoes.
Officer Penninger then said he was going to call Quartzsite PD to see if they could assist in finding my records. Awhile latter Officer Brady of Quartzsite police department showed up . Officer Brady looked over my tattoos stating he could read gang tattoos. Officer Penninger took pictures of all my tattoos. They tried to get my felony charges info from Montana but were unable to. After a few calls Officer Penninger told me they were going to take pictures of my guns and on Monday they would know if I was indeed able to own a firearm. He said if I could not they would be back for me. They asked if all my guns were in a central location. I said yes they are all in my gun case and are all loaded.
I did not give consent to them to enter my bus. They did not present a warrant. I told them that all but one gun was my wife’s. They said I had access to them and it doesn’t matter. A few minutes later Officer Penninger stepped out of my bus with a pistol grip shot gun. At that point Officer Penninger placed me under arrest for possession of a firearm of questionable length. I was handcuffed and placed inside the ranger truck in a cage. After about 10 min he started the truck and put on the air. It did not help with the heat.
Officer Brady was on the phone while Office Penninger measured the shotgun. I could not hear most of their conversations.
After a while officer Penninger opened the door had me step out and took the handcuffs off. He said that ATF said the shotgun was 7/8 of an inch over the legal minimum length. I asked if I was free to go now. He said no you are still being detained, and placed me back into the cage.
Officer Brady asked for my AO# and I gave it to him.
The 2 officers then approached the BLM truck opened the door and had me get out. Officer Penninger then said that I was being placed under arrest for 5 counts felon in possession of a firearm and one count of obstruction of justice. I asked why the obstruction of justice? He stated that I was uncooperative and lied. I began to tell him I had not lied, and my gun rights where reinstated. Officer Brady immediately told me to shut up and forcefully placed me in handcuffs. I was then patted down and placed back in the BLM truck. They then reentered my bus and confiscated all of our firearms.
They then told me they had me and that the sheriff had all the information needed to prove my guilt and would be there soon. The sheriff showed up. I could see my wife and father over talking to all 3 law enforcement officers. But I could not hear them.
I was then told that it was my lucky day. That they still could not prove I was unable to possess a firearm and they released me. Officer Penninger Said that I would have a week and a half to prove my innocents or they would issue 6 felony warrants for my arrest. He stated that if I could show prof I would receive my guns back. At that time no tickets were issued no citations given and no receipt for the guns taken. I told them that now that we are unarmed and unable to protect my family from coyotes or against a home invader. That I was going to move back into town.
I was not read my Miranda rights at any point in time on 3/30/2013.
I then packed up camp, on my way back into town with my bus. Officer Penninger made me pull over. I thought I would once again be arrested so I called Floyd Ries. I was given a copy of the guns taken."
On 4/1/2013 I personally gave a notarized freedom of information act document to all 3 agencies involved.
Quartzsite PD denied that they were even at the bus on 3/30/13 until I presented them with a picture that showed they were there. The next day they gave me a document stating that they have no information or reports for the indecent in question...
At the Yuma BLM office I requested the fire arms be returned to me. I spoke with Peter Thompsan. He looked at Montana code 46-18-801&2 that I presented. After about a hour and a half wait I was informed that the guns would not be released at this point and that my case has been given to Special Agent S. Martin.
Montana Code Annotated 46-18-801 (1) Convictions of a offense dose not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. If the sentencing judge incorporates by reference in the sentencing order rules of the department of corrections or the board of pardons and parole setting conditions of probation, parole, or supervised release with witch the offender is required to comply, the incorporated by reference constitutes a specific enumeration of the conditions for purposes of this section.
(2) Except as provided in the Montana constitution, if a person has been deprived of a civil or constitutional right by the reason of conviction for a offense and that person's sentence has expired or the person has been pardoned, THE PERSON IS RESTORED TO ALL CIVIL RIGHTS AND FULL CITIZENSHIP, THE SAME AS IF THE CONVICTION HAD NOT OCCURRED.
State v. Radan
(A man convicted of a felon in Montana. served his time was released and resided in Washington state was arrested for felon in possession of a firearm. took the case to the supreme Court and won.)
Bean v. BATF
(Bean convicted felon Attempted to get his gun rights back on a federal level through the ATF. however due to funding cuts they are unable to process the request. and the authority to restore his gun rights are given back to the state of his conviction.)
With the Montana Code and the 2 Supreme Court cases. I can see no question in my ability to own and possess a firearm... I do have a current AZ voter registration card. And I have Voted. According to all the information I can find I qualify for a concealed weapons permit. They are not needed in the State of AZ so I have not applied for one."
Jennifer "Jade" Jones
Publisher, The DESERT FREEDOM PRESS
News you can use for Quartzsite and La Paz County, AZ!