In a move that has sparked outrage across the gun rights community, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raided the home of 81-year-old Aubrey Foxworthy in California, confiscating nearly 200 firearms and over 16,000 rounds of ammunition.
According to reporting by Lee Williams of the Second Amendment Foundation, the elderly man is facing federal charges for allegedly selling firearms without a license, along with an additional charge related to a short-barreled rifle. Critics say the incident is yet another example of government overreach under the Biden-era “engaged in the business” rule that has blurred the line between lawful hobbyists and federal criminals.
The Charges: Selling Without a License
According to a federal indictment obtained by Lee Williams, Aubrey Foxworthy is accused of dealing firearms in Morgan and Moniteau Counties from June 2, 2023, through September 9, 2024, without possessing a federal firearms license (FFL). Williams reports that another man, 75-year-old Philip Leroy Rains of Poplar Bluff, Missouri, was similarly indicted for the same alleged crime, though he operated in Morgan County between April 2023 and April 2024.
Both men face up to five years in federal prison and $250,000 in fines for the unlicensed dealing charge. But Foxworthy’s legal woes are compounded by an additional indictment for possession of a short-barreled rifle that the ATF claims was not properly registered with the National Firearms Registration and Transfer Record. That charge carries an extra 10-year sentence and another $10,000 in fines.
Raided at 81
Gun rights YouTuber Troy from 2A News Now called attention to the absurdity of sending federal agents to raid the home of an 81-year-old man. “The ATF raided a home of an 81-year-old Missouri man and seized nearly 200 firearms that were in his collection and also seized 16,000 rounds of ammunition,” Troy reported in his video. He emphasized how these actions show a clear pattern of the ATF targeting low-risk individuals, particularly elderly collectors who often sell parts of their personal collections at flea markets or gun shows.
“There’s no crime or criminal intent,” Troy stated. “These guys are in the later years of their lives, not gang bangers in Chicago running Glocks with switches.”
A Lifelong Collection, Seized
According to the indictment and evidence presented, the ATF has moved to seize a total of 197 firearms from Foxworthy’s collection, as well as the entire stockpile of ammunition, which exceeds 16,000 rounds. The list of confiscated guns, as reported by Williams and Troy, reads like a catalog of classic American arms: Ruger, Colt, Winchester, Savage, Remington, Browning, Marlin, Mossberg, and Smith & Wesson.
Most notably, Foxworthy owned 12 Winchester Model 94 rifles, a staple of American gun culture. “The serial number of one rifle shows it was manufactured before 1896,” Williams wrote. “Depriving the man of that rifle is a sin.”
Even more concerning, the ATF’s inventory lists four firearms as “machineguns,” though the make, model, and caliber are all marked “unknown.” Foxworthy has not been charged with possession of any machineguns. “Experience has shown when the ATF can’t identify a firearm, they usually just consider it a machinegun,” Williams added.
Biden’s “Engaged in the Business” Rule
The backdrop to all of this is former President Biden’s aggressive regulatory stance on private gun sales. Under the “engaged in the business” rule announced by former Attorney General Merrick Garland, anyone selling a firearm for profit – even a single transaction – must obtain a federal license and conduct background checks.
“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store,” Garland said. As both Williams and Troy point out, this rule has turned common behavior – like an old man selling a few firearms from his collection – into a federal offense.
“The press release shows that both arrestees’ alleged law-breaking occurred while Biden was napping at the White House,” Williams wrote, pointing out that both men were simply lifelong enthusiasts, not arms traffickers.
No Mention of How Many Were Sold
One of the more bizarre aspects of the case, as both Williams and Troy highlighted, is that the indictment doesn’t specify how many guns Foxworthy is accused of selling. “They don’t say how many firearms he’s accused of selling without a license,” Troy observed. “It’s probably just a handful here and there.”
Without specific allegations of volume or criminal intent, critics argue the ATF appears more focused on making examples out of vulnerable citizens than actually addressing crime.
When Machineguns Are “Unknown”
One of the more alarming points raised by Troy is the ATF’s apparent tactic of labeling unknown firearms as machineguns. “They weren’t machineguns, because evidently there was no serial number or manufacturer stamped on the firearms,” Troy said. “So what we’re finding out when that happens, they just write them down as machineguns. What kind of crap is that?”
This isn’t just bureaucratic laziness; it’s dangerous precedent. By arbitrarily labeling firearms in a way that dramatically escalates the perceived threat, the ATF could be manufacturing felonies out of thin air.
A Weaponized Bureaucracy
The optics of the raid aren’t lost on anyone following the story. Instead of confronting violent crime in major cities, the federal government decided to bring the full weight of the ATF down on an 81-year-old man in a rural Missouri town. Williams bluntly notes, “Their agents are much less likely to be shot or scared if they harass a couple old men, rather than going after big-city gangsters.”
This case feeds into a growing sentiment that the ATF is being used less as a law enforcement agency and more as a political weapon, enforcing sweeping rules that criminalize ordinary, law-abiding citizens.
Due Process Concerns and Property Rights
Troy also addressed a growing concern within the gun rights community: property confiscation without conviction. “It’s just ridiculous that the ATF is going to put all of these firearms away in a warehouse somewhere,” he said. “We’ve all heard stories of firearms being confiscated, sitting for years, and coming back rusty or missing.”
The idea that federal agents can raid a man’s home, seize his lifelong collection, and potentially never return it – regardless of conviction – raises serious due process issues. It also highlights the need for reform in how property is handled in criminal cases.
Who’s Next?
This isn’t an isolated incident. Similar cases involving elderly gun owners have occurred in other states, and Williams suggests it may be time for a deeper review. “Attorney General Pam Bondi or her staff should examine all of the ATF’s cases made during Biden’s term. Some were much worse than this one.”
Calls for oversight and even full pardons are growing. “President Trump should give them a full pardon and the ATF should be ordered to return all the firearms and ammunition to these guys,” Troy argued.
The Real Crime
In the end, the story has become emblematic of the current climate surrounding firearms policy and enforcement. “The ATF has put each of them through enough,” Williams wrote. “To do anything else would be a real crime.”
Whether or not these men are found guilty in a court of law, their stories have already become cautionary tales for every gun owner in America. What once was a private collection passed down through generations is now grounds for a federal raid, arrest, and potentially the loss of one’s freedom.
The chilling message? The ATF doesn’t need you to commit a crime – they just need to interpret your lifestyle as one. Hopefully, that will change soon.
Ed spent his childhood in the backwoods of Maine, where harsh winters taught him the value of survival skills. With a background in bushcraft and off-grid living, Ed has honed his expertise in fire-making, hunting, and wild foraging. He writes from personal experience, sharing practical tips and hands-on techniques to thrive in any outdoor environment. Whether it’s primitive camping or full-scale survival, Ed’s advice is grounded in real-life challenges.