Prosecutor moves to forfeit gun parts from Argenta man

By Nick Gevock of The Montana Standard - 12/21/2006

DILLON — A federal prosecutor has taken steps to permanently confiscate gun parts from an Argenta man who is under investigation for illegally selling firearms without a license.

Assistant U.S. Attorney Paulette Stewart this month filed to have four parts that federal agents seized from Richard Celata forfeited to the government. The parts include four gun frames that can be machined to make them fire, which the government alleges are guns that require a license to be sold.

Stewart said Tuesday she cannot comment on the case.

But Celata, who sold the parts through his business KT Ordnance, said the forfeiture is another step in the federal government’s efforts to drive him out of business.

“They’re only listing four but they took 66 items, so maybe they’re just going to take four at a time,” he said. “Each time I do it, the attorney charges me lots of money — it will be about $30,000 every time.” Agents with the federal Bureau of Alcohol, Tobacco and Firearms and Beaverhead County sheriff’s department in June raided Celata’s home and business near Argenta, located southwest of Dillon. They seized gun parts, records and other materials.

Celata has yet to be charged with any crimes. But he said the government has been investigating him for several years and intends to prosecute him for making and selling firearms without a license.

The forfeiture request is just the latest action in the government’s effort, Celata said. He has been informed that criminal charges will soon be filed.

He has never denied selling the parts, which include gun frames to make pistols and semi-automatic rifles. But Celata said the parts require special machining equipment and skills to use them to complete the guns.

“The legal definition of a firearm is whether it will fire a single shot or not and nothing I make does,” he said.

That will be the center of any criminal prosecution of Celata.

Court records filed in U.S. District Court in Butte shed light on federal officials’ investigation of Celata. Agents with the ATF and FBI have been investigating him since 2003, when his business was run out of New Hampshire. For years officials have used undercover agents and consenting witnesses to talk to Celata and buy parts from him, placing orders over the telephone.

The government alleges Celata never obtained the required variance letter from ATF to sell the frames, according to court records. And Celata told a witness cooperating with government agents who were posing as buyers that people liked his products because they could get a gun without the government knowing about it.

Celata also boasted about thwarting government officials on talk radio shows, according to court records.

But Celata denied that he was trying to subvert government regulations. He said the ATF’s rules are vague and don’t clearly spell out what’s legal; rather they use language such as “resembles” and has “features and characteristics of” that make in unclear what is legal.

“My son’s squirt gun has features and characteristic of a gun, so is it?” he said. “The ATF is the only agency that does not publish anything on what it regulates — they want you to submit one to them, and then they make a determination, even though there’s no law requiring you to do that.” In the meantime, Celata is living off of donations from gun rights advocates. He’s also hoping they’ll step up to help with his legal defense, which he said could cost up to $200,000.

Stewart requests to forfeit two model 1911, .45-caliber pistols, an AR-15 .223-caliber rifle and a rifle of undetermined caliber to the government. She alleges the manufacture and sale of those items is in violation of the federal Gun Control Act.

Reporter Nick Gevock may be reached via e-mail at nick.gevock@mtstandard.com.