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The Charlie Puckett Saga

Second Amendment Activist Arrested During Media Interview
A Sierra Times Report : 02.26.02
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LEXINGTON - Second Amendment activist Charlie Puckett has been arrested by agents of the Bureau of Alcohol, Tobacco and Firearms, following a federal grand jury indictment, in the midst of a media interview Tuesday.

According to an indictment, Puckett faces federal firearms and explosives charges. The indictment says the BATF found machine guns, explosives and other items used to make pipe bombs. Items were seized from Puckett's home in November on suspicion Puckett was a felon in possession of firearms.

Puckett's attorney, Gatewood Galbraith, has maintained Puckett should have been legally able to possess firearms because the 1966 conviction pre-dates a federal law passed in 1968 on firearms and felons.

In a Sierra Times November 28 report, the items reported seized by the BATF were 5 weapons: two bolt-action (single-shot) rifles, two sidearms and 1 SK-A semi-automatic rifle. There was never word any of these weapons were automatic when found -- or even if they could be made to be so.

Puckett was leaving a Hilton Hotel in Lexington, Kentucky this morning, following an interview with a reporter who claimed to be an employee of The Learning Channel, according to Puckett's associate, Michael Stacner. The interview took place in the Governor's Suite at the Lexington Green Hilton on Nicholasville Rd. and New Circle Rd.

"The charge is emanating from the raid on his home," said Puckett's attorney, Gatewood Galbraith of Lexington. "The grand jury has indicted him. He's had an initial hearing in front of the court. A detention hearing is scheduled for Friday in federal court at 10:30 am in Lexington."

Galbraith is urging that everyone remain calm. "We have an opportunity to do a tremendous amount of education," he said. "I believe we can educate people on just how levelheaded we are. There's going to be an opportunity to explain our situation many times."

People are not encouraged to show up for the hearing right now. "I trust we can get him bond," Galbraith said. "They waited all this time to pick him up so they must not have felt he was too dangerous. I see no reason to upset that perspective."

Galbraith feels this action may have in part been precipitated by a news story that began airing on a Lexington TV station, Channel 27, last night. It was intended to be a three-part series. The second part airs tonight.

When today's action took place, the 30 or 40 BATF agents would not show a warrant and would not say why, according to Stracner. "They just said 'we've got a warrant for your arrest.' "

"I asked them 'what has Charlie done.' They said 'We'll talk about it later.' I thought I'd be enjoying their company for a while too," Stracner said. "Charlie never said a word."

Witnesses at the scene stated that federal agents were very weary of media attention and sought to make the arrest quick for that reason. Puckett was taken into custody without incident.

Stracner was put up against a column and searched. One of the agents started to handcuff him, but only made him stand still behind the column for about 10 minutes while they loaded Puckett into a vehicle out of Stracner's sight.

All kinds of vehicles were used: Blazers, jeeps, cars, "I was standing behind a pole. I did see some Ohio tags on some of them," Stracner said.

Their interview had been scheduled at Galbraith's office but was changed the day before. At the end of the interview, the "reporter" mentioned that a BATF agent was coming up.

"As we were leaving he told us there was a BATF agent coming up for an interview. He was trying to usher us out so we "wouldn't cross paths," Stracner said the reporter told him.

"As soon as we walked down the front door all these vehicles pulled up," Stracner said. He thought maybe there was some kind of problem at the hotel because he had begun to feel more at ease toward the end of an interview that he felt had possibly "been a setup."

Most of the questions asked by the "reporter" had been about Steve Anderson who is now the target of a manhunt since his involvement with a Middlesboro, Kentucky policeman last fall.

"I think the biggest thing this boils down to is they think he knows where Anderson is."

The reporter wanted to know if Puckett thought Anderson was the type of person that would go out and blow up a federal building, according to Stracner. "Charlie did bring out that Steve is bi-polar." The reporter told the witnesses that he was an employee of TLC and that the cameramen were independent contractors.

Puckett's Second Amendment organization had tried to get the Kentucky Legislature to act on the BATF presence and activity in Kentucky, but were told they had adopted a "Let's sit back and see attitude," Stracner said.

Stacner says his organization has lost faith in the media. "I'm done doing interviews with the news media," Stracner said. "I say to heck with it, no more cooperation. You see what Charlie got for it. He tried to do what he felt was the right thing and now he's paying a penalty for it. My advice to all like-minded individuals nationwide is don't cooperate with them anymore. No more news media, no nothing."

One the Web:
http://www.kentuckystatemilitia.cc/

Barry Bright also contributed to this report

BATF "investigator" didn't know he's a Militiaman
Barry Bright - FreeKentucky.com
March 3, 2002
In the midst of a hearing in which Kentucky State Militia Commander Charlie Puckett gained some measure of "freedom" until his trial, a BATF "agent" revealed his immense ignorance.
Not only did the BATF "agent" portray his lack of real "investigation" into the Militia movement but the judge did as well. Neither of them knew that Militia service is conferred at both the federal and state level.
"One of the highpoints of the hearing was when I asked the ATF officer if the people in the Militia have a skewed view of the way things are," said Puckett's attorney, Gatewood Galbraith.
"Yes," was the "agent's" answer.
Galbraith then asked him, if people in the Militia were to be "viewed with some suspicion."
"Yes," was the "agent's" answer again.
Then Galbraith asked him if people should look at him with some suspicion, and then informed him of his membership in the un-organized Militia and provided him with a copy of the U.S. Code that authorizes it.
"He did not know that the U.S. code conveyed the status of member of the U.S. Militia," Galbraith said. "He looked at me in shock and said 'I don't believe that.'"
Galbraith then drove the point home. "I asked him, Who is more delusional, my client who takes his federally conferred status as a Militia member seriously, or you who in the face of the federal statute denies it?"
At the end of the hearing the court quizzed Galbraith for 20 minutes on his own views of the Militia and the First Amendment.
Galbraith had already warned the court that he was standing his ground on the issue of his client's Militia involvement.
"Your honor I'm not going to let the term "Militia" be vilified in this court in any way shape or form," Galbraith told them. "It's an honored term, federally conferred and by state statute too."
Galbraith was not surprised at what should be an astounding admission of ignorance by a Federal employee who is charged with enforcing the law.
"I'm really glad it occurred," Galbraith said. "They're just untrained. The system is not going to educate these people."
Also brought up in the hearing were statements allegedly made by Puckett that were posted on the official Kentucky State Militia website.
"The court, the judge, specifically asked me about some of the statements Charlie allegedly made," Galbraith said. "Out of the 19 statements the ATF said was important to know, 10 came from others than Charlie."
Apparently these "investigating officers" don't even do their own investigating. They depend on private non-governmental organizations to do it for them.
"Several complaints about Charlie's statements came from a contact person in the ADL(Anti-Defamation League) Who apparently keeps the ATF posted on what is said on some of these call-in shows," Galbraith said.
"Do you think the fact that eight ADL members were arrested on the West Coast drags down their integrity?" Galbraith then asked the judge. "Then the court said 'You can't judge a whole organization by the actions of a few.' He realized what he'd just said. And realized that's why we were in that courtroom."
Though former KSM member Steve Anderson's name was brought up in their investigation of Puckett several times he was not mentioned often in this hearing. "He was simply referred to as a person who had made threats," Galbraith said. Anderson is wanted by Federal and state law enforcement for firing on a Middlesboro, Kentucky police officer and other charges.
People are not encouraged to "pack the courtroom" by Puckett's counsel.
"A packed courtroom almost always tends to act against the interests of my client," Galbraith said. "My main focus here is protecting Charlie."
Galbraith thinks that a trial can be won by educating the jury on the jurisdiction of the BATF and Federal Government in these matters.
Pat Nash, another Lexington attorney with Federal Court experience is assisting the defense. "It's a different set of rules governing evidence, appeals, memorandums, and points of criminal law," Galbraith said.
The defense intends to involve others as well. "I want an expert on evidence, to find out what prosecution evidence may be excluded by pretrial motion," Galbraith said. "I believe in the jury system and I believe that a jury can be educated about these issues."
Help is needed from the "patriot" community, but not a physical "call to arms," at this point.
"We can use help in fundraising, research. I would like to issue a civil call to arms on this," Galbraith said. "It's not time for any kind of a lock-and-load situation."
Puckett has some restrictions involved with his $50,000 unsecured bond. He cannot have a computer with a modem, as one of charges against him was that some of the evidence stated his computer was used to send "threatening messages." He must turn off his caller I.D. service. All firearms must be removed from his land. He has to wear a tracking bracelet, and refrain from "criminal activity." He's also subject to being dropped in on by the probation department.
Despite all this Galbraith is looking forward to working with Puckett.
"Charlie's in great spirits. We look forward to getting together outside institutional circumstances. I feel like Charlie will be exonerated by a jury," Galbraith said. "The simple fact is that Charlie is a patriot and has no criminal intent."

http://www.SierraTimes.com Now Updated 24 Hours a Day
Charlie Puckett Misplaces Ankle Bracelet; The Chase is ON.
A Sierra Times Special Report

Ok, here's what we know:
Charlie Puckett, Second Amendment Activist was awaiting trial under house
arrest. Apparently he's decided to make it a 'trial by fire'. He's on the lamb.

Needless to say, federal and state agents are not happy about it.

There is now a $5000 federal price tag on Puckett's head .

Don York, an agent with the Bureau of Alcohol, Tobacco and Firearms (BATF) in
Louisville, said Puckett managed to slip out of an electronic monitoring
bracelet and flee from his home."We know he's a fugitive," York said. "We
consider him armed and dangerous." What York didn't say is that Puckett's
firearms are in the possession of the BATF.

Puckett pleaded innocent in his initial court appearance and was later released
from the Fayette County Detention Center. Under terms of his release, he was to
remain in his home and wear a monitor. But he has argued that the 1968 federal
gun-control act prohibiting felons from owning guns does not apply to him
because he was convicted of the felony two years before the law's enactment.

It's called: No ex-post facto.

So, he posted an e-mail saying he's innocent, and must leave society for his own
safety. He was supposed to stay off those computers, too.

Guess this explains why he said stop sending money to his defense fund.

We'll keep you posted.
This has been a Sierra Times Special Report

SierraTimes.com
An Internet Publication for Real Americans.
©2001 Sierra Times.com - All Rights Reserved

CHARLES PUCKETT
LAST TESTAMENT

Ladies & Gentlemen:

I have served with pride in the Kentucky State Militia
for 12 years. I have given my best & my all for this
country. I have found recently that B.A.T.F. have
written regulations without Congressional approval -
that a simple piece of metal is defined as a machine
gun. This is one of the counts that they have charged
me with. It is my last testiment in this letter, to
the citizens of Kentucky, the state legislature &
militia that I have NEVER had, manufactured, or
INTENDED to manufacture or possesed or owned or fired
a machine gun. I have never WANTED a machine gun.
NOTHING that the B.A.T.F. took from my home was
illegal. The B.A.T.F. construes things to be illegal
by THEIR rules. The B.A.T.F. states that I had bomb
making materials at my home. EVERYONE has these
capabilities in their home due to the fact that oven
cleaner & aluminum are bomb components. It is my last
testiment that I have NEVER made nor INTENDED to make
bombs or ATTEMPTED to make bombs in my life.

After September 11th, our whole great country changed.
Our Congress, (without EVER reading the Patriot Act
of 2001), passed this legislation with only a summary
to read of what the bill was about. Three people
voted against it. Those three men are great
Americans. The Draconian powers created by this so
called "patriot act" will forever ruin America.

I have nothing but love in my heart for this great
nation. There seems nowdays to be very little relief
or justice for some in our country. I am one of these
people. It is my last testiment that I have NOT
committed ANY criminal acts, nor will I donate years
of my life for something that I have NOT done. I have
never burned down a church & killed innocent children
for make believe reasons. I have never shot a 15 year
old child in the back & I have never shot a woman in
the face. Government officials have done all of the
above with no one accountable for those acts to date.
The B.A.T.F., using their low life tactics, put out
info to the Kentucky State Police that my son made
threats toward the law enforcement community. My son
has all the respect in the world for K.S.P. My son is
NO threat to ANY Kentucky police officer. We at the
Kentucky State Militia have helped law enforcement in
Kentucky to investigate & bring crooks to justice.
This is verifiable through the Jessamine County
Sheriff's Department ( Joe Walker, Sheriff). The
B.A.T.F. was created by the Secretary of Treasury in
June of 1972 by the stroke of a pen. (Where was
Congress?) When my problem happened in 1966 through
Oct. 1968, there was NO B.A.T.F. to apply to for
rights restoration. The B.A.T.F. was created as a tax
collector on alcohol, tobacco & firearms. This agency
has been transformed into enforcement & loosed on the
people to rob & pillage as a private army of the
Treasury. I can no longer participate in a society
that is governed by such mobsters! They will come up
with all kinds of tricks to trick you. When first
contacted by the B.A.T.F., I was reluctant to talk
with these people. After talking with Agent Robert
Young, I thought that maybe somehow these people were
different here. I cooperated with these people & even
turned over a letter from Steve Anderson to them -
offering to help. Several days later, my problems
started. I even extended an invitation that if they
thought I was doing something wrong - to come & look.
The B.A.T.F. stabbed me in the back. I do not know
where Steve Anderson is. In an investigation of a
Winchester gun store owner by these same people (Agent
Young & others), the trauma was so great that the
store owner committed suicide! This kind of
intimidation is UNACCEPTABLE from ANY government
agency. Who's the terrorist in THIS picture? The
ONLY thing I am guilty of is helping train the
Kentucky State Militia by making training devices &
instructing on how to SURVIVE the coming calamity.
Again, I have made NO bombs, destructive devices or
EVER possessed or made a machine gun. NEVER!! Nor
have I EVER wanted to do any of the above. EVER!! It
is truly time for America to wake up & turn the clock
back to 1776. We have the SAME problems now that we
had then. Whether we can do this without violence is
up to the government officials. We need to ask them
now- "What's it gonna be?" We have outrageous taxes
that are squandered by elected officials every day.
The B.A.T.F. is coming for our guns. These exact
things existed in 1776!!! I must leave society at
this time for my own safety. Again I state - I have
broken NO laws, nor have I violated ANYONE'S freedoms.
When you take freedom away, you ruin a country. This
should be proof. The ONLY thing that I will accept is
the dropping of ALL charges & COMPLETE EXONORATION.
None of my family or militia officers will know where
I am. Rewards will do no good & intimidation will get
you in trouble. I will accept NO less. To the people
that serve in the Kentucky State Militia: I love you
ALL. I have given my life, my family, my home & my
all for this country. Please continue the fight for
freedom. I will be watching & will respond on cue.
Please elect a new State C/O who loves this country as
much as I do & the women & men that have died for it.

Charles N. Puckett
State C/O - Kentucky State Militia

I did NOT shrug my duty to protect & defend the
Constitution.
WILL YOU DO THE SAME?

Commander Puckett asked that all donations to his
defence fund be stopped. The people are going to hold
trial for the government not the other way round.

Cpt. Lee Sutterlin
Kentucky State Militia

Lexington Herald-Leader
http://www.kentucky.com/

Posted on Fri, Apr. 05, 2002

WANTED MILITIA LEADER SURRENDERS
PUCKETT HAD FLED FROM HOUSE ARREST
http://www.kentucky.com/mld/kentucky/news/3002268.htm

By Louise Taylor and Greg Kocher
HERALD-LEADER STAFF WRITERS

Charlie Puckett, the commander of the Kentucky State Militia, quietly
turned himself in to authorities yesterday after three weeks on the lam and
was promptly lodged in the Fayette County jail.

During a brief hearing in U.S. District Court, Puckett's attorney,
Gatewood Galbraith, stipulated that his client had slipped out of an
electronic monitor and "absconded" from house arrest on March 13.

"We don't want to insult this court's intelligence," Galbraith told
Magistrate Judge James Todd.

Puckett vanished late March 13, perhaps inspired to flee because that same
night a note was left on the door of his Garrard County home saying he "was
going to be the target of an assassination attempt by federal agents,"
Galbraith said outside court.

"Agents provocateurs may have planted the note," Galbraith said, explaining
that another militia group, Republic of Texas, has been trying to tell its
Kentucky cousins how to operate and wanted to use Puckett's indictment on
federal weapons charges to provoke a "confrontation."

Puckett has said that he is the commander of the Kentucky State Militia, a
civilian paramilitary group that experts think is one of the most active in
the country.

The February indictment charges Puckett with being a felon illegally owning
guns, pipe bombs and almost 35,000 rounds of ammunition. A revised
indictment later added a count saying Puckett intimidated a witness.

Puckett called the seizure of his guns and weapons a theft of private
property and a violation of his rights. He argued that the 1968 federal
gun control act prohibiting felons from owning guns does not apply to him
because he was convicted of a felony two years before the law's enactment.

After Puckett vanished -- and Galbraith said yesterday he did not know
where he went -- Galbraith suggested that Puckett may have been
kidnapped. Galbraith said many "scoffed" at him over the kidnapping
remark, but that he has known Puckett for almost a decade and that he is
not the sort to flee. "Charlie is not a scofflaw. ... I knew something
extraordinary had happened.

"His son told me that after Charlie got that letter (on his door), he acted
differently.... That note fit the extraordinary aspect of it."

That son, Charles D. Puckett, had also been missing. But after he
determined that no charges were pending against him he arranged for his
father's surrender yesterday to Joe Walker, the Jessamine County
sheriff. Walker could not be reached for comment yesterday, but Galbraith
said Walker is a friend of Puckett and will testify on his behalf at
trial. Puckett is to be arraigned Tuesday on the new indictment and a
trial date will be set then.

Garrard County Sheriff Ronnie Wardrip, who knows Puckett, said he was
pleased with yesterday's outcome.

"I'm just glad he turned himself in," Wardrip said. "I think he will fare
better out of it."

Galbraith said he had spoken only briefly with Puckett since his surrender,
but that he thought Puckett would leave the helm of the militia. "There's
just too much politics in it," Galbraith said. "He wants to get back with
his wife and work on cars."

Meanwhile, Puckett has a major court battle looming that Galbraith said he
will win. One count against Puckett -- intimidating a witness -- was
simply baffling, Galbraith added: "But if it's as flimsy as the
government's other nine charges, bring it on."

Asked why Puckett hadn't simply sought police help after the assassination
note, Galbraith said the government had not shown itself to be a friend of
his client.

Said Galbraith: "Henry Kissinger used to say, 'It's OK to be paranoid
because there is a they out there, and they are out to get you.'"

Reach Louise Taylor at (859) 231-3205, 1-800-950-6397 Ext. 3205 or
ltaylor@herald-leader.com. Reach Greg Kocher in the Nicholasville bureau
at (859) 885-5775 or gkocher1@herald-leader.com.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
The Courier-Journal LEXINGTON, Ky
http://www.courier-journal.com/

Fugitive militia leader surrenders

By Joseph Gerth
jgerth@courier-journal.com

[Photo]
http://www.courier-journal.com/localnews/2002/04/05/ke040502s1p82227.jpg
Charlie Puckett left the federal courthouse in Lexington in chains

The Courier-Journal LEXINGTON, Ky. -- Fugitive militia leader Charlie
Puckett turned himself in yesterday, three weeks after ditching his
home-incarceration ankle bracelet and fleeing while facing federal firearms
charges.

Puckett, commander of the Kentucky State Militia, was ordered held without
bond. His attorney, Gatewood Galbraith, said he wasn't sure why Puckett
fled but suspects a threatening note Puckett received.

Earlier, Galbraith had said Puckett might have been kidnapped.
But in court yesterday Galbraith didn't repeat that, instead apologizing to
U.S. Magistrate Judge James B. Todd, who had released Puckett earlier.

A convicted felon, Puckett was under house arrest when he fled March
14. He was charged Feb. 26 with possessing guns, pipe bombs and
ammunition in violation of federal law.

According to a nine-count indictment, Puckett possessed a device used to
convert an assault rifle into a machine gun, three pipe bombs, five
''mine-type devices,'' plus shotguns, rifles and pistols, a grenade pistol
and more than 35,000 ammunition rounds.

The day before he disappeared, a federal grand jury added two more counts
-- one that allowed the government to confiscate Puckett's weapons and the
other a charge of trying to intimidate a witness.

Galbraith said Puckett met yesterday with a federal probation officer and
Jessamine County Sheriff Joe Walker before turning himself in at the
Fayette County Detention Center.

Puckett has decided to quit the militia movement and he gave himself up
because he missed his family, Galbraith said.

''He told me, 'I don't want any part of the militia. I don't want any part
of politics. I just want to get back and live my life,' '' Galbraith said
at an impromptu news conference outside the federal courthouse in Lexington.

Galbraith blamed Puckett's recent troubles on radical militia members. He
said the witness tampering charge has no merit and blamed it on ''agent
provocateurs'' from Texas who he said hope to use Puckett's case to strike
at the government.

He said the same people may be responsible for the note placed in Puckett's
door just before he fled, threatening an assassination attempt. Galbraith
said Puckett didn't tell him where he'd been, but he believes someone must
have helped Puckett.

A former militia member and friend of Puckett, Steve Anderson, fled to the
mountains in October after allegedly shooting at a Bell County sheriff's
deputy. Anderson, a survivalist who operated a pirate radio station from
his Pulaski County home, is still missing.