HSI and ATF wrongfully charged David Schieferle

Goal:

 USD $25,000

Raised:

 USD $675

Campaign created by Isabel Schieferle

Campaign funds will be received by Isabel Schieferle

HSI and ATF wrongfully charged David Schieferle

Article by Lee Williams:  https://www.ammoland.com/2025/02/federal-air-marshal-jailed-over-atfs-fake-silencer-charges/  Edit: February 2025 Starting our 2255 motion for ineffective assistance of counsel and best hope is to go through a new trial to clear our name and show the corruption involved in David's unjust conviction. Edit: January 2025 David's petition for a writ of certiorari to the Supreme Court was denied with no reason given.  Our only guess was because his original lawyer refused to bring it up in the district trial. The ATF is abusing its authority and charging lawful citizens with convoluted regulations they keep reversing! If you don't make a deal with the government agencies and dare to defy their "Chevron deference" they will be able to convince most any federal jury your guilty EVEN WHEN YOUR 100% INNOCENT!!!  More people need to fight back, like David who refused to even discuss making a "deal." Hopefully some 2A advocate or group such as GOA or FPC will take an interest and help us fund this battle to improve the lives of all law abiding Americans. David's PETITION FOR A WRIT OF CERTIORARI two main issues:  I. THE QUESTION OF WHETHER ITEMS SUCH AS INLINE FUEL FILTERS OR FIREARMS SOLVENT TRAPS, WHICH MAY BE ABLE TO FUNCTION AS “FIREARM SILENCERS,” CAN QUALIFY AS “SILENCERS” UNDER THE NATIONAL FIREARMS ACT WHEN THE ITEMS ARE NOT MARKETED AS SILENCERS AND HAVE NOT ACTUALLY BEEN USED TO SILENCE OR MUFFLE A FIREARM? The Importance of the Question Presented The ATF has Wavered in its Interpretation of What Constitutes a “Firearm Muffler” or “Firearm Silencer” and Lower Courts, in Turn, Have Endorsed an Overly Expansive Definition of the Terms The Lower Circuit Courts are Split in their Interpretation of the NFA’s “Firearm Muffler” and “Firearm Silencer” Definition  II. THE QUESTION OF whether the Second Amendment prohibits any laws that foreclose law-abiding citizens with ordinary self-defense needs from possessing items that Can serve as firearm mufflers or silencers? The Question Presented is Likely to Arise in Many Future Cases in the Lower Courts The Historical Tradition of Legitimate Silencer Use and the Steadily Increasing Number of Lawful Silencers in Existence in the United States Exemplify the Need for the Court to Address the Question Presented  https://www.supremecourt.gov/DocketPDF/24/2420/321017/20240729125027325_Petition%20for%20Writ%20of%20Certiorari%20-%20Schieferle%20.pdf  This has been so demoralizing for our family.  The appeal was a complete waste of funds for us and what the judges allowed to be considered (some issues were dismissed because the original attorney refused to bring them up even after David emailed him to address them.)  Edit May 2023: This is so wrong. David did nothing illegal. He bought $3.15 inline filters from an auto parts seller on Aliexpress.com (see photo above.) They were advertised (see photos) to him because he had previously made almost 2 dozen other purchases at AliExpress of compressors, oil/water separator tubes and cotton filter inserts.  This was not even a firearm related purchase!   He bought the solvent tubes on his government issued phone with his farm expense credit card.  There was nothing deceptive. His work phone number and our farm address were on the packages. He even wrote on the box of one, received from New Jersey (not China,) "Solvent Tube" and set it unopened on the table with other unopened oil/water separator tubes and compressors from AliExpress.   The government continuously used pictures of our legal guns (most that had been packed away, still new in the box and unused) throughout the trial and showed the gun pictures with multiple angles of each gun, until the judge made them stop.  During much of the trial the government displayed a picture of all his legal firearms including AIRGUNS and BB guns staged menacingly on our bed on a court projector screen.  They alternated it with pictures from our computer's temporary internet caches from www.Gun.Deals and some gun related Facebook pages.  The government showed some pictures from the many 10,000's thumbnail photos in our internet caches.  David did not interact in any way with the photos!  He never downloaded, searched for, commented, liked or posted - The pictures were just as likely preloaded for internet browsing without even being viewed!  How on earth is a picture by someone you don't know, that was posted on the internet and your computer preloads for faster viewing in case you scroll to it, something to PROVE anyone's intent? David did not get to present one piece of evidence at the trial.  His defense lawyer had dozens of AliExpress screenshots of many of David's previous oil/water separator tube, filter material and compressor purchases.  Without David's evidence the government was able to insinuate that those previous purchases were potentially illegal because HSI seems to consider anything shipped through AliExpress.com: "an address known to law enforcement for illegal shipping." Here is how the Government presented their case:  David had downloaded 1,000's of free books on hard drives from Archive.org over the years. The government searched David's hard drives and found a couple books with something about a silencer.  One book that really impressed the jury to the government's narrative was titled, 'The Poor Man's James Bond' Vol 3 which has a variety of a hundred or so old, reprinted magazine articles.  They put a picture up of the title of one article in the antiquated book, titled something like, "How to assemble a silencer."  They then tell the jury to look at what David is interested in!  The government didn't acknowledge, that same as every other free book on our hard drives, that book had never been read or accessed! David's expert witness, who had written the ATF's original silencer policy, was not even allowed to tell the jury of that fact, nor many of his former ATF credentials.  That expert and David's lawyer were not allowed to show the ATF's own bulletins that inform federal agents of the many inline filters and solvent traps that, though they might resemble a silencer, have legitimate uses and are not illegal.   David insists on telling the truth and exposing what ATF and HSI are doing to criminalize law abiding people. We had to borrow money for the trial and now have the appeal costs while David unable to manage the farm. We hope to unite all honest citizens that have been victimized by ATF & HSI Operation Silent Night, as well as those unknown 10,000's of law-abiding citizens who purchased legal solvent tubes and had them illegally seized by CBP.The government is strong-arming citizens into mitigation deals with the threat of excessive years in prison, losing voting and firearms rights.  We are not backing down and they are now making an example of what can happen to David, our family and farm. 
Recent Donations
Show:
Rich
$ 25.00 USD
2 months ago

Anonymous Giver
$ 20.00 USD
7 months ago

God bless and good luck. This is the world we live in today. I'm praying everything works out for you and your family.

Donna Dozier
$ 20.00 USD
2 years ago

Sorry I am just learning of the issue. The whole world family is under attack. Not just the American family. Hope this little bit helps. God Bless you and your family what is left of America

Anonymous Giver
$ 100.00 USD
2 years ago

Anonymous Giver
$ 10.00 USD
2 years ago

All ATF is unameircan

Anonymous Giver
$ 20.00 USD
2 years ago

Adam
$ 100.00 USD
2 years ago

Anonymous Giver
$ 10.00 USD
2 years ago

Andrew
$ 25.00 USD
2 years ago

Anonymous Giver
$ 100.00 USD
2 years ago

Texas for freedom
$ 25.00 USD
2 years ago

Anonymous Giver
$ 100.00 USD
2 years ago

Anonymous Giver
$ 20.00 USD
2 years ago

At his best, man is the noblest of all animals; separated from law and justice he is the worst. Aristotle

Anonymous Giver
$ 100.00 USD
2 years ago

Keep these crooked agencies to the written law.

Updates

Update #5 - Song by Robert Raven Kraft supporting David

September 18th, 2024

The Ballad of Creve Coeur

He stood up for what he believed in

And what he believed in is right

He's against all odds

And he hasn't given up the fight

He's been tried and convicted

But he's an innocent man

Now on a mission behind all the bars

To make society understand

Creve Coeur means broken heart

Not broken spirit or broken will

Creve Coeur wil stand and fight the government

Against all odds he's standing still

He's always been a model citizen

I never even heard him curse

Just because he owned some guns

The judge and jury thought the worst

He served our country and put his life at risk

They spent millions to convict him

But does Justice really exist?

repeat chorus

Leaving a wife and four kids behind

He surrendered to serve his time

For buying air filters online

That was his only crime.

Song by Robert Raven Kraft
"Creve Coeur" is David's nickname on Raven's Run.
Raven has 50+ years of streak running and ran over 145,000 miles on South Beach never missing a day.

https://ravenrun.net/

Update Update #5 - Song by Robert Raven Kraft supporting David Image
Update #4 - Hearing for motion to suppress at end of September

September 12th, 2022

David was finally able to get his lawyer to understand he was not taking any "deal or non prosecution agreement' no matter good and to file his motion to suppress the unjust search warrant. 

His lawyer says it's not worth the risk and we don't know what evidence the judge will let us present and something about the judge making judicial notice of issues could complicate his defense.  Oh plus it will cost around another $50,000 to go to trial with additional firearms attorney co-defense and expert witnesses and only then is the prosecutor likely to "dismiss" the case when David finally turns down his last offer to make a deal right before trial. 

These ATF secret regulations are not about truth or justice, but whose attorney will outsmart other the other attorney and the judge just plays referee so the attorneys play by complicated rules normal people can't understand and then everyday people get intimidated or scared of extreme penalties too make questionable deals with prosecutors they don't fully understand.

The judge denied David's Brady Demand for all ATF communications, bulletins, etc. on inline filters, solvent filters, silencers and suppressors.  However the judge did make AUSA give us public released information from ATF/CBP on those items and all the AUSA gave us was an article from May 13 2022 and a seized website: 

CBP and ATF conduct a search and provide the following:

 

“any information released to the public/public announcements providing instruction or commentary from December 2017 through December 2020 regarding:  (1) solvent traps and whether they may be considered firearms under the NFA; (2) modification of solvent traps and at what point such modification makes a solvent trap a silencer under the NFA, (3) any public guidance CBP provided on the issue of solvent traps and their potential illegality or legality.  This would include, but is not limited to, web postings, letters to the public, public service announcements, and paper bulletins sent to firearms dealers or the general public.”   

 

ATF replied with the following:

 

Per ATF, no other responsive documents were found aside from the website below,

 

Seized Website | Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov)

https://www.atf.gov/denver-field-division/seized-website

 

CBP replied with the following:

 

Per CBP, the only public facing information that the client was aware of concerning the solvent traps is this news report, although this was not published or issued by CBP,

Federal operation nabs nearly 43,000 illegal gun silencers shipped from China (nbcnews.com)

https://www.nbcnews.com/news/us-news/illegal-gun-silencers-china-rcna28505

AUSA own Brady Demand response now acknowledges it's not reasonable for a person to know the legality of these: 
"ATF has expertise with firearms far beyond an objectively reasonable person, so any internal technical memorandum explaining the nature of solvent traps and analyzing their component parts to conclude whether it is a silencer as a matter of law is irrelevant to what a reasonable person would believe the statute proscribes. The essential question is the Defendant’s intent, which internal technical documents would not address." 

Anyway David thought he was going to get a "Franks Hearing" to prove ATF and HSI lied on search warrant but his lawyer says judge just want a motion to suppress hearing.  It looks really hopeful as the AUSA in his own Brady Response stated that inline filters/solvent filters are not inherently illegal unless you have intent to use them in illegal manner!  Which of course David had no illegal intent and no intent was even discussed in the search warrant application.  

Hopefully David's judge see his evidence and rules the search warrant application similar to the NY silencer case:
“The choice of words used by the police in the application were persuasive and wrong,” Justice Christopher J. Burns wrote in his Jan. 14 decision. “As a result, this court must find there was a reckless disregard for the true nature of the item and must suppress any items recovered through the search warrant.”

Update #3

June 13th, 2022

The lawyers seem to have accepted David will not take any nonprosecution agreement and is making this issue his mission to prove his complete innocence and Operation Silent Night unconstitutional.  

David said the court docket shows the government added 2 additional lawyers to assist the prosecution team.  

His lawyer is suppose to refile their Brady Demand for defense discovery materials this week.

Search Warrant Probable Cause part 2

May 22nd, 2022

Last line of search warrant probable cause:

12. The suppressors that are the subject of this investigation are marketed on the Internet as items purportedly unrelated to firearms, such as “solvent traps,” solvent trap accessories,” or “dry storage container,” among other names. However, these deceptive advertisements sometimes include an “NFA Warning” or a legal disclaimer regarding the use or modification of these devices. The inclusion of these disclaimers or statements, as well as customer comments and reviews, suggests that the sellers and buyers are aware of the nature and actual and intended use of the items.

(possible typos from OCR software)

(Left out lines 13-19 which are shipments/addresses/Phone numbers/tracking numbers and David is not an FFL and had no form 1)


Search Warrant Probable Cause

May 22nd, 2022

PROBABLE CAUSE
7. HSI has maintained an enduring initiative to investigate international firearm trafficking pertaining to the sale, importation and trafficking of suppressors into the United States from China in violation of the National Firearms Act("NFA") and the Arms Export Control Act (“AECA”). A suppressor is a muzzle device that reduces the acoustic intensity of the muzzle report (gunshot sound) and the recoil when a gun (firearm) is discharged. The suppressor modulates the speed and pressure of the propellant gas from the muzzle and hence suppresses the gunshot sound. A silencer can be a detachable accessory mounted separately onto the muzzle or can be an integral part of the barrel.

8. The suppressors that are the subject of this investigation originated from China from addresses known to law enforcement to be associated with suppressor shipments. The suppressors in this case are not serialized or contain markings of any kind. The suppressors are capped on one end and require a modification step to drill through the suppressor to allow the round to be projected through. *

* While the assembly of these suppressors is incomplete, the features and characteristics of the parts are consistent with those of known firearm suppressors.


9. These suppressors are often packaged and labeled to mislead law enforcement. That is, on the shipping labels, they are identified as auto repair tools, fuel filters, adapters, solvent trap suppressors, flashlight tubes, solvent filters, and other misleading titles to avoid detection of their actual intended use. These devices vary by size but appear very similar in design. When properly installed on a firearm, the suppressor will allow the firearm to expel rounds in a silenced fashion. I also know that these devices have different names, including but not limited to: "silencers,” “suppressors," ”sound suppressor,” and “sound moderator.” For the purpose of this Affidavit, the devices will be referred to as “suppressors.” 

10. During the investigation, HSI agents obtained a copy of a report from the ATF Firearms Technology Criminal Branch regarding “Silencer Components” dated September 13, 2019, wherein ATF agents examined a metal cylindrical device with no markings or serial number similar to the suppressor components identified in the shipments in this investigation. The report concluded that the item in question was in fact a suppressor. 

11. Based on the analysis and conclusions in that report and my training and experience, I believe the combination of parts contained in the packages that are the subject of this investigation, discussed below, were designed and intended for use in assembling or fabricating a firearm silencer as defined in 18 U.S.C. §921(a)(24), which specifies that a firearm silencer can include, as in our case, “any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler...” 

Line 12 in next update due to limited characters allowed in update

Prayer Requests

Click the Pray button to let the campaign owner know you are praying for them.