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DECLARATION of CALEB T. ENK 

I, CALEB T. ENK, do hereby declare: 

BACKGROUND/EXPERIENCE 

1. I am a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and 

Explosives (ATF) assigned to the Portland, Oregon Post of Duty and have been so employed 

since September 2005. 

2. I am a graduate of the Federal Law Enforcement Training Center and the ATF 

National Academy. During this training, I received instruction relating to the investigation of 

firearms violations. I have been involved in multiple investigations involving the illegal 

trafficking, illicit sales, and unlawful possession of firearms. 

PURPOSE OF THE DECLARATION

3. This declaration is made in support of the Complaint, in rem, for the firearms 

described in Exhibit 1. 

SUMMARY OF INVESTIGATION 

4. 2nd Amendment Guns, LLC, is a Federal Firearms Licensee (FFL), 

#993033013A01064. The license was originally issued on December 5, 2006. The responsible 

persons on the license are Wilson Lee Clow, Jr. and Lynne Ann Clow. Oregon Secretary of 

State records show that 2nd Amendment Guns, LLC is registered as an active domestic 

limited liability company with Wilson L. Clow, Jr. listed as the manager and Lynne A. Clow 

listed as the registered agent and manager. Wilson Lee Clow, Jr. (Clow, Jr.) is the store 

manager for 2nd Amendment Guns, LLC and has no felony convictions. Lynne Ann Clow is 

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Clow Jr.’s wife and is the store owner for 2nd Amendment Guns, LLC. She has no felony 

convictions. 

5. As described more fully below, on multiple occasions, 2nd Amendment Guns, 

LLC, through its employee Wilson Lee Clow, Jr., willfully sold firearms to a person knowing 

or having reason to believe such person had been convicted of a crime punishable by 

imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(d)(1). Clow 

demonstrated a pattern and willingness to unlawfully sell any firearm on display to a person 

he believed was prohibited from possessing firearms. Clow's wife Lynne, who was the store 

owner for 2nd Amendment Guns, LLC, assisted in at least one of these sales and had 

knowledge of another. Furthermore, I believe Clow willfully encouraged and allowed a 

prohibited person to bring a non-prohibited person into the store for the purpose of filling out 

the required ATF Form 4473 so the prohibited person could acquire a firearm. Clow willfully 

allowed a third party to fill out the paperwork before transferring the firearm to a prohibited 

person. In addition, I know FFLs are required to keep and maintain accurate and complete 

records of all firearm acquisitions and dispositions. Law enforcement depends on the accuracy 

of this information so that, in the event a firearm is recovered after the commission of a crime, 

it can be traced to the original purchaser. Clow and 2nd Amendment Guns, LLC, by failing to 

document the actual purchaser of the firearms, willfully made false entries and representations 

into their records in violation of 18 U.S.C. §§ 922(m). I further believe that Wilson Lee Clow, 

Jr. transferred firearms to the CI without noting in his records, as required to be kept pursuant 

to 18 U.S.C. § 923, the name, age, and place of residence of the CI, in violation of 18 U.S.C. 

§ 922(b)(5), and without performing the required background check, a violation of 18 U.S.C. 

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§ 922(t). Thus, as discussed below, there is probable cause to believe firearms seized from the 

residence and garage of Wilson Lee Clow Jr and Lynne Clow and the premises of 2nd 

Amendment Guns, LLC, were used or intended to be used in any manner or part to commit or 

to facilitate the commission of a violation of 18 U.S.C. §§ 922(b)(5), 922(d)(1), 922(m), and 

922(t). The firearms, therefore, are subject to forfeiture under the authority of 18 U.S.C. § 

924(d), which authorizes the seizure and forfeiture of any firearms involved, used, or intended 

to be used in any willful violation of 18 U.S.C. § 922. 

6. The following information, facts, and occurrences are the result of my personal 

experience, knowledge, investigation, and review of electronic surveillance recordings 

relative to this investigation, as well as conversations with witnesses and other law 

enforcement officers, and Clow, Jr. 

STATEMENT OF PROBABLE CAUSE 

7. In February 2012, I was contacted by the Rogue Area Drug Enforcement (RADE) 

team concerning Clow, Jr. RADE asked me if Clow Jr. was a Federal Firearms Licensee 

(FFL). I confirmed that Clow, Jr. was an FFL operating 2nd Amendment Guns, LLC, at 2701 

Coed Place in Grants Pass, Oregon. RADE informed me that Clow Jr. also operated a medical 

marijuana grow site at his residence, 2701 Coed Place in Grants Pass, Oregon. I also had 

previous conversations with different law enforcement officers who expressed concerns that 

Clow Jr. was selling firearms to prohibited individuals, including convicted felons and drug 

users. 

8. In March 2012, I queried 2nd Amendment Guns, LLC, through E-Trace, an ATF 

electronic database used to trace firearms recovered in connection with crimes. I noted six 

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results from 2010 to 2011 where 2nd Amendment Guns, LLC, was the FFL that sold a firearm 

which had later been recovered in connection with a convicted felon and/or drug-related 

crimes. As a result, I initiated an investigation on 2nd Amendment Guns, LLC for possible 

unlawful firearms transfers. 

9. I have been working with a confidential informant (CI) in this investigation. CI is 

not pending any criminal charges, but has numerous felony convictions, including assault, 

burglary, robbery, possession of weapons, and possession of narcotics, as well as 

parole/probation violations. CI has agreed to participate in this current investigation for 

monetary compensation. CI has been an ATF confidential informant for over 7 years. CI has 

successfully purchased firearms on multiple occasions for ATF, and successfully introduced 

ATF undercover agents for purposes of purchasing firearms. CI further has provided 

information on criminal activities of several individuals in the past that has been corroborated 

and found to be true and accurate. The information and assistance provided by CI has led to 

the successful prosecution of multiple persons in federal court. CI has provided ATF with 

ongoing information about criminal activity, including location of criminal targets, details of 

specific crimes, license plate numbers, phone numbers, and other information related to 

criminal activity. The information CI provided has been proven to be verifiable and truthful. 

10. On March 15, 2012, CI was outfitted with an audio/video recording device and 

body wire transmitter, and instructed to meet with Clow at 2nd Amendment Guns, LLC. I 

instructed CI to make contact with Clow and engage in conversation about firearms sales. CI 

followed me to Clow’s place of business, where I observed the CI pull into the driveway of 

2701 Coed Place, Grants Pass, Oregon. I took up a position of surveillance and monitored the 

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wire transmission of the meeting between CI and Clow. I listened via an audio transmitter as 

CI met an individual who introduced himself as “Will.” CI explained that CI had heard about 

Clow’s gun store and wanted to come over to see it. CI explained that CI liked to shoot guns 

and would buy and sell them on occasion. Clow then began showing CI several different 

firearms, the first of which was a 5.7mm caliber handgun, which Clow described as the same 

one which the “Major” from Fort Hood used to kill 13 people. Clow described additional 

firearms he had for sale including a .45/.410 caliber handgun known as “The Judge,” a Smith 

& Wesson .38 caliber revolver, and an Italian-made .45 caliber 1911 style pistol. Clow went 

on to show the CI several additional firearms for sale inside of his store, including Kel-Tec 

rifles and Hi-Point carbines. Additionally Clow showed the CI a lever action .357 caliber 

pistol and a .223 caliber Kel-Tec pistol. Clow and CI continued to discuss other items which 

Clow had for sale, as well as firearms which Clow was working on. Additional customers 

then arrived inside of the shop and CI stated that CI would leave Clow to his other customers 

as CI left the store. I then followed the CI away from the location of 2nd Amendment Guns, 

LLC, met with CI at a prearranged location, and recovered the recording and monitoring 

equipment from the CI. I debriefed CI about the meeting with Clow. CI said that CI observed 

approximately 75 to 100 firearms displayed inside the store, along with gun accessories and 

ammunition, and that Clow had described several of the firearms to the CI. CI further stated 

that Clow mentioned more than one time that silencers and suppressors could be attached to 

several of the firearms he had for sale. On a later date, I reviewed the audio/video recording 

recovered from the CI and found it to be consistent with the CI’s observations during the 

operation, as well as my observations during my monitoring of the operation. 

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11. On April 5, 2012, CI was outfitted with an audio/video recording device and body 

wire transmitter, provided with ATF funds, and instructed to meet with Clow at 2nd

Amendment Guns, LLC. I told the CI to inform Clow of the CI’s status as a convicted felon, 

and then attempt to purchase a firearm from Clow. CI followed me to Clow’s place of 

business, where I observed the CI pull into the driveway of 2701 Coed Place, Grants Pass, 

Oregon. I monitored the wire transmission via an audio transmitter during this time. I listened 

as the CI made contact with Clow. CI told Clow that CI was interested in purchasing a lever 

action pistol which Clow had previously described to CI during their meeting on March 15, 

2012. CI stated that CI did not want to complete the paperwork associated with the purchase. 

Clow stated that there was no actual firearms registration paperwork, but that the paperwork 

was only for background check purposes. CI informed Clow that CI was a convicted felon 

from a Federal conviction in California in the 1970’s. CI stated that CI had to be careful 

because the conviction was still on CI’s record. Clow stated that the firearm CI desired could 

be run through another person of the CI’s choosing and then that person could sell the gun to 

the CI in a person-to-person transaction. CI asked if CI should bring another person to the 

store for the background check. Clow stated that this was a possibility, or Clow would use the 

name of a close friend to run the background check and then Clow would sell CI the firearm. 

CI agreed and told Clow that CI would pay Clow the asking price of $480.00 for the firearm. 

Clow stated there was an additional $10.00 charge for the background check for a total of 

$490.00. CI expressed hesitation, because CI did not want a background check completed. 

Clow again stated that the other person’s information would be used to run the background 

check, but Clow still had to charge the CI for the cost of completing the background check. CI 

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and Clow arranged to meet at the residence after 5:00 pm that same day. Clow then told CI 

that CI needed to be careful and not get caught with the gun, due to CI’s status as a convicted 

felon. Clow said if CI did get caught with the gun, that CI should say that CI bought the gun 

at a garage sale. 

12. I further listened as Clow mentioned that it was possible for the CI to have CI’s 

felony record expunged, even if the conviction was for a Federal crime in California. Clow 

asked if a firearm or violence was involved in the commission of the felony. CI admitted a 

firearm had been involved and that CI gave up after CI ran out of ammunition for the gun. 

Clow stated that this would most likely mean that CI would not be able to get his felony 

conviction expunged. CI then left the location. I followed the CI away and met CI at a 

prearranged location, where I recovered the recording and monitoring equipment from the CI. 

I debriefed CI about the meeting with Clow. CI said that arrangements had been made for the 

CI to meet with Clow after 5:00 pm that same day for the CI to pay for and pick up the lever 

action pistol at Clow’s residence. CI said that Clow told CI that Clow would use the name of a 

close friend to complete the background check, so that Clow could sell the firearm to CI. The 

total amount of the transaction would be $490.00. CI had informed Clow of CI’s status as a 

convicted felon and that was the reason Clow agreed to use his friend’s name to run the 

background check. I later reviewed the audio/video recording recovered from the CI and 

found it to be consistent with the CI’s observations during the operation, as well as my 

observations during my monitoring of the operation. 

13. Later on April 5, 2012, I met with CI to facilitate the firearm purchase from Clow. 

CI was again outfitted with an audio/video recording device and body wire transmitter and 

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provided with ATF funds and instructed to meet with Clow at 2nd Amendment Guns, LLC. I 

had the CI follow me to the location where I observed the CI pull into the driveway of 2701 

Coed Place, Grants Pass, Oregon. I monitored the wire transmission via an audio transmitter 

during this time and heard CI make contact Clow. Several dogs were barking and yelping, 

making the wire transmission difficult to hear. A short time later, I heard CI break contact 

with Clow for a couple of minutes and re-engage Clow in conversation. I heard CI thank 

Clow and leave the residence. I followed the CI away from the location and met CI at a prearranged location, where I recovered the recording and monitoring equipment from the CI. I 

also retrieved the purchased firearm from CI’s vehicle, a Taurus .357 lever action pistol, 

model Rossi R92RH Ranch Hand, serial number K296188. I showed the firearm to CI, who 

confirmed it was the firearm CI just purchased from Clow. CI stated that CI contacted Clow at 

2nd Amendment Guns, LLC and met him at the gate leading into the property. Clow then 

went into his house and came back out with a box containing the firearm, opened the box, and 

showed the contents to CI. CI identified the contents to be the firearm which CI wanted to 

purchase from Clow. CI then handed Clow $490.00 and thanked Clow for working with the 

CI in making the sale possible. Clow stated that it was no problem and that he would “burn” 

all of his books if the police ever came to his store. I later reviewed the audio/video recording 

recovered from the CI and found it to be consistent with the CI’s observations during the 

operation, as well as my observations during my monitoring of the operation, including a 

statement made by Clow that “I don’t like these fucking rules, we didn’t use to have them, 

now we do....” 

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14. In April 2012, I caused a subpoena to be served on Oregon State Police Firearms 

Unit to determine if 2nd Amendment Guns requested a background check for the sale of the 

Taurus lever action .357 pistol to CI on April 5, 2012. Oregon State Police Firearms Unit 

records showed that on April 5, 2012, 2nd Amendment Guns, LLC initiated a background 

check listing Lynne Ann Clow as the purchaser for the Taurus lever action .357 caliber pistol, 

model Rossi R92RH Ranch Hand, serial number K296188, not the CI. 

15. On April 26, 2012, CI was outfitted with an audio/video recording device and 

body wire transmitter, and instructed to meet with Clow at 2nd Amendment Guns, LLC. I then 

had the CI follow me to Clow’s place of business located at 2701 Coed Place, Grants Pass, 

Oregon. I monitored the wire transmission via an audio transmitter during this time and heard 

CI make contact with Clow at the location. During the meet, CI asked Clow about the 

availability of a “Judge” handgun. Clow stated that he did have one available for sale. CI then 

asked Clow if he had smoked marijuana recently, to which Clow denied having done so. CI 

asked how much Clow wanted for the handgun, to which Clow stated the price was $400.00. 

CI asked if it was possible to waive the fee for background check. Clow agreed to do so. CI 

then reaffirmed with Clow about CI’s felony convictions and asked if Clow would agree to 

have a family member of the CI’s sign for the gun. Clow agreed to this arrangement. CI then 

asked Clow if he had a quarter-pound for sale (referencing marijuana). Clow stated that he 

may know someone who did, as CI stated that his “nephew” was in town to make such a 

purchase, and may be interested in buying a gun from Clow as well. CI told Clow that they 

had already been dealing with guns, so CI felt comfortable asking Clow about marijuana. 

Clow stated that he was no longer involved with it. Clow stated that he still uses marijuana in 

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a lotion form to rub on his muscles as a relaxer and sleep agent. CI then stated he would 

return with his “nephew” and Clow stated he would set the Judge handgun aside for CI to 

come pick up later. Clow asked if the “nephew” was an Oregon resident, and CI confirmed 

that this was the case, and left Clow’s place of business. I followed the CI away and met with 

CI at a previously arranged location, where I recovered the recording and monitoring 

equipment from the CI. CI informed me CI arranged to meet with Clow later that same 

afternoon, during which CI would introduce me to Clow so that I could purchase a firearm for 

the CI. CI further stated that CI had inquired with Clow about purchasing a firearm directly 

from Clow, without having to complete any paperwork at all, and Clow agreed that this was 

possible. CI further stated that CI broached the topic of marijuana twice during the meeting 

with Clow, but that neither time he seemed interested in discussing the possibility of selling 

marijuana. I later reviewed the audio/video recording recovered from the CI and found it to be 

consistent with the CI’s observations during the operation, as well as my observations during 

my monitoring of the operation. 

16. Later on April 26, 2012, CI and I (acting undercover) went to 2nd Amendment 

Guns, LLC. CI and I were outfitted with audio/video recording devices and a body wire 

transmitter. CI and I travelled together in CI’s vehicle to 2nd Amendment Guns, LLC located 

at 2701 Coed Place, Grants Pass, Josephine County, Oregon. CI and I entered the store and I 

recognized Clow and his wife Lynne Ann Clow inside. I heard Clow tell Lynne Clow that CI 

was interested in purchasing a Taurus "Judge" handgun, referencing the revolver previously 

agreed upon during CI and Clow’s earlier meeting. I told Clow that I was interested in looking 

at an FN 5.7 pistol. Clow showed me the FN pistol he had available for sale. Clow stated that 

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he had a personal 5.7 caliber rifle, which was made on an AR rifle platform. I then observed 

Clow leave the store and watched through the window as Clow went into his personal 

residence adjacent to the store and return with a rifle. I asked Clow if he could get the CI 

“squared away” with me. Clow agreed and asked if it was just the one handgun, referencing 

the Taurus "Judge" handgun, which the CI had previously picked out. I then told Clow that I 

wanted to purchase the FN pistol from Clow and asked what would be necessary to do so. 

Clow handed me the background paperwork and explained that it was not a registration but 

that any gun sold from the store needed to have a background check with it. Clow then 

explained the background check process to me and stated that it was meant to confirm that I 

could buy the gun legally and that the firearm being sold was not stolen. I told Clow that I did 

not believe there was anything that would prevent me from purchasing a firearm. Clow told 

me that a felony conviction was the only thing that would prevent me from being eligible to 

purchase the gun. I then asked Clow for assistance in how to answer the questions listed on 

the ATF Form 4473. Clow told me that I should answer “Yes” to the first question, indicating 

that I was buying the guns for myself. I clarified that one of the guns was for the CI. Clow 

stated that this was alright, because it was a family member transaction. Clow went on to tell 

me to answer “No” to the remaining questions. I asked additional questions of Clow regarding 

the form, specifically the question concerning illegal drug use. I stated that I occasionally 

smoked marijuana. Clow asked me if I stole marijuana and I responded that I did not. Clow 

said that I was not an unlawful user. Clow then walked me through completing the remainder 

of the form. I then handed the paperwork and my undercover identification to Clow for use in 

completing the background check and submitting it to Oregon State Police. I watched as Clow 

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typed the information into his computer, which was located inside of the store, and listed the 

FN pistol and the Taurus Judge revolver on the paperwork which I had completed. I then 

asked Clow about the question on the paperwork regarding convicted felons, and if it was 

possible to have a felony conviction removed. Clow explained that it was quickly becoming 

difficult due to pressure from the federal government. I asked CI if CI had checked into the 

possibility of expunging CI's record. CI stated that CI was unable to do so. Clow told me that 

this was due to the type of crime committed by the CI, and that it was a violent felony. Clow 

further stated that with a Class A felony, there is nothing that can be done to remove it. Clow 

then submitted the information via the internet and told me that I had come back approved to 

make the purchase. Clow explained to the CI the warranty and other gun-related information 

for the Taurus "Judge" handgun. Clow then told me that in California, CI could not legally 

purchase ammunition. Clow then began to hand the Taurus “Judge” over, as CI reached over 

and took possession of the firearm. CI told Clow that the gun was CI's, not mine. CI gave 

$400.00 to Clow for the handgun. I then counted out $1,120.00 and handed it to Clow for the 

FN pistol. The firearms obtained during this transaction are identified as a FN pistol, model 

Five-Seven, 5.7 x 28 caliber, serial number 386232593 and a Taurus revolver, model "The 

Judge," .410/.45 caliber, serial number CX946428. 

17. In May 2012, I caused a subpoena to be served on Oregon State Police Firearms 

Unit to determine if a background check had been conducted on the firearms purchased by 

myself (acting in an undercover capacity) and CI on April 26, 2012. OSP records confirmed 

that April 26, 2012, 2nd Amendment Guns, LLC initiated a background check for a FN pistol, 

model Five-Seven, 5.7 x 28 caliber, serial number 386232593 and a Taurus revolver, model 

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The Judge, .410/.45 caliber, serial number CX946428, claiming that my undercover 

identification had been listed as the purchaser of both firearms. In fact, the CI had purchased 

the Taurus revolver, model The Judge, .410/.45 caliber, serial number CX946428. 

18. On August 2, 2012, CI was outfitted with an audio/video recording device and 

body wire transmitter, and instructed to meet with Clow at 2nd Amendment Guns, LLC. I 

then followed the CI to Clow’s place of business, where I observed the CI pull into the 

driveway of 2701 Coed Place, Grants Pass, Oregon. I monitored the wire transmission via an 

audio transmitter and heard CI make contact with Clow outside of the residence. CI and Clow 

talked about the inventory of firearms Clow had available for sale. CI asked Clow if 

everything in the store was available for sale to the CI and if there was anything that the CI 

could not buy. Clow told the CI that everything was for sale and was available to the CI. CI 

asked Clow about the possibility of not doing any paperwork, since Clow was aware that the 

CI was a convicted felon. Clow agreed that this was possible and then offered to show CI 

several firearms for sale, which were not part of Clow’s store inventory and were “off the 

books." CI and Clow walked over to Clow’s house. CI and Clow entered the residence and 

Clow showed CI several firearms in a room, which were available for sale “off the books." 

Clow and CI discussed several different firearms and Clow left the room to retrieve a few 

handguns to further show CI more guns that could be purchased. CI confirmed that no 

paperwork would be necessary to complete the transaction, to which Clow agreed. CI also 

asked Clow if he would be willing to sell firearms to additional individuals who were 

convicted felons. Clow stated that he would rather deal with the CI directly, but was willing to 

facilitate firearm transfers through the CI, if CI brought the money to Clow. CI then paid 

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Clow $450.00 for a firearm. CI then asked Clow about the possibility of obtaining a price list 

of firearms available for sale. Clow agreed and typed one for the CI. Upon receipt of the 

firearm and list, CI left Clow’s place of business. I followed the CI away and met CI at a 

previously arranged location, where I recovered the recording and monitoring equipment from 

the CI. I also retrieved the purchased firearm from CI’s vehicle, a Sig Sauer .40 caliber pistol, 

model SP2022, serial number 24B101785, and the list of firearms that Clow had prepared for 

CI. I showed the firearm to CI, who confirmed it was indeed the firearm which CI had 

purchased from Clow. CI then informed me that CI drove up to Clow’s residence, parked in 

the driveway, and met Clow outside of the residence. CI stated that Clow was on the 

telephone during the initial contact, but that CI and Clow entered the store together. CI asked 

Clow if everything was available for sale. Clow confirmed that everything was for sale and 

available to the CI for purchase. CI again informed Clow the CI was a convicted felon and 

further asked Clow about the possibility of Clow selling firearms to associates of the CI, who 

were also convicted felons. CI stated that Clow declined this offer, in that he would rather 

deal with just the CI. CI told me that he asked Clow if it was possible to “phony up” the 

paperwork with regards to a potential gun purchase again and then Clow offered to show and 

sell CI firearms which were “off the books." CI went with Clow to Clow’s residence. CI 

entered a room on the left as soon as they went inside of the house, where Clow showed CI 

several firearms available for sale. CI estimated that there were approximately 30 to 40 

firearms in the room, all of which Clow told the CI were available for sale off the books. 

Clow then went into another room of the house and returned with several handguns, which 

were also available for sale off the books. CI stated that there were a couple of .38 caliber 

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revolvers, a Taurus 9mm pistol, a Colt military pistol, and a Sig Sauer .40 caliber pistol, 

which Clow brought into the room to offer to the CI. CI then asked Clow if it was possible to 

obtain a price list or inventory sheet depicting what Clow had available for sale. Clow stated 

that the inventory changed regularly because the guns came and went so fast. Clow then 

offered to type up a list of samples of firearms he had available for sale off the books. CI 

asked if it was possible to simply buy the Sig Sauer pistol for cash and leave and Clow 

agreed. CI then paid Clow $460.00 for the Sig Sauer pistol. Clow gave the CI $10.00 in 

change, for a total payment of $450.00. CI then carried the pistol back inside of the store, 

while following Clow inside. CI stated that the list of firearms available for sale had printed 

off in the store. Clow then handed the list to CI who thanked Clow for the info and the firearm 

and left the premises to meet with me. On a later date, I reviewed the audio/video recording 

recovered from the CI and found it to be consistent with the CI’s observations during the 

operation, as well as my observations during my monitoring of the operation. The firearm 

obtained during this transaction is a Sig Sauer pistol, model SP2022, .40 caliber, serial 

number 24B101785. The list of available firearms provided to CI by Clow, which depicted 

several firearms for sale off the books contained the following information: 

 Colt 1911 series 80 stainless with 3 mags trigger job, target sights $1000 

 Colt 1903 US Army 38 Special 500 

 S&W .38 6” barrel police issue and shoulder holster $600 

 Springfield XD sub compact .40 S&W with crimson laser grips $750 

 Sccy 9mm 10 round carry gun $325 

 Taurus 24/7 pro 9mm $420 

19. In August 2012, I caused a subpoena to be served on Oregon State Police Firearms 

Unit to determine if a background check had been conducted on the firearm purchased by CI 

on August 2, 2012. OSP confirmed that Clow through 2nd Amendment Guns, LLC, had not 

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requested a background check in connection with the sale of the Sig Sauer pistol, model 

SP2022, .40 caliber, serial number 24B101785, to CI. 

20. When an FFL transfers, at one time or during five consecutive business days, two 

or more handguns to an unlicensed individual, the FFL is required to prepare a Report of 

Multiple Sale of handguns (ATF Form 3310.4) and submit such form to ATF no later than the 

close of business on the day the multiple sale occurs, as required by 18 U.S.C. § 923(g)(3)(A). 

In May 2012, I searched the ATF On-Line Lead database, which showed 2nd Amendment 

Guns, LLC reported to ATF that on April 27, 2012, my undercover name purchased two 

handguns. In fact, CI was responsible for purchasing one of the handguns on April 26, 2012. 

21. August 22, 2012, federal search warrants were executed at the residence of Clow, 

located at 2701 Coed Place, Grants Pass, Oregon and at Federal Firearm Licensee (FFL) 2nd 

Amendment Guns, LLC located at 2701 Coed Place, Grants Pass, Oregon. I prepared an 

affidavit in support of those search warrants and the Honorable Mark Clarke signed the 

warrants on August 21, 2012. Found during the execution of the search warrants were 221 

firearms and several documents with evidentiary value. 

22. During the execution of the federal search warrant, ATF Industry Operations 

Investigator (IOI) Caleb Rushing and I interviewed Clow. During the interview, I asked Clow 

if he had ever sold a gun to a person he knew to be prohibited from firearms possession, 

specifically a convicted felon. Clow responded “yes” he had done so, and further stated that 

he sold a firearm to an older man who had informed Clow that he couldn’t have guns, but that 

he wanted to purchase firearms for his son. I asked if he knew the man’s name and Clow 

stated that he did not, but provided a brief description of the male. I asked Clow if he was 

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aware that it was illegal for him to transfer firearms to a person he knew or believed to be a 

convicted felon. Clow stated that he did and said “I fucked up”. I asked Clow why he did it. 

Clow stated that he was trying to help an old man out and that Clow could use the money 

from the transaction because his house was most likely going to be foreclosed on. I asked how 

many times Clow had done such an illegal transaction. Clow stated that it happened on two 

occasions, both times involving the same male individual. I asked Clow how much money he 

was making on the illegal transactions. Clow stated that it was not very much and not any 

more than he would have made on a legal firearms transfer. 

23. I then asked Clow how he knew the male individual was a convicted felon. Clow 

stated he knew the male was a convicted felon because the male had told him he couldn’t 

have guns and that he had gotten into trouble on a prior occasion. I asked Clow if he 

conducted background checks through the National Instacheck System (NICS) when selling 

firearms. Clow stated that he did background checks all of the time. I asked how it was 

possible Clow performed a background check on the male individual and sold him the 

firearm, when he was a convicted felon. I asked if Clow had utilized another person’s 

information to pass the background, so that firearm could be sold. Clow stated that he himself 

completed the ATF Form 4473 and related background check information, transferred the 

firearm into his possession, and then sold the firearm to the male individual as a person to 

person transaction. I asked Clow to explain further the steps he took to make the firearm sale. 

Clow stated that the male individual came into his store and picked out a firearm he wanted to 

purchase. Clow believed it was this transfer, or the second one, which involved a Taurus 9mm 

caliber pistol. Clow stated that he filled out the background paperwork utilizing his own 

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personal information and further used his own personal information to pass the NICS check. 

Once this was complete, Clow logged out the firearm in the Acquisition & Disposition (A&D) 

book to himself and then later sold the firearm to the male individual in a person-to-person 

transaction. Clow told me that he believed he had not technically used his FFL business to sell 

the firearm to the convicted felon. I asked Clow if the male individual had arrived at the FFL 

business and inquired with Clow about buying a firearm from the FFL business. Clow 

confirmed this to be the case. I asked Clow if the male individual had informed him at the 

FFL business that he was a convicted felon. Clow confirmed this to be the case. I then asked 

Clow if the male individual, now known to Clow as a convicted felon, had picked out a 

firearm he wished to purchase from the FFL business. Clow again confirmed that this was 

true. I then asked Clow if he had made arrangements to sell a firearm which originated from 

his FFL business to the male individual, whom he knew to be prohibited. Clow agreed that 

this was true. I then asked Clow if he had specifically conducted a background check on 

himself and completed the related paperwork to remove the firearm from his FFL store 

inventory, with the single intent of selling the firearm to the male individual, known to Clow 

as being a convicted felon. Clow agreed that this was indeed the case and then shook his head 

and stated that it was stupid of him to do so. I expressed to Clow that it might be very difficult 

to argue that Clow had not utilized his business to transfer a firearm to a convicted felon when 

the transaction had originated with the FFL business, involved a firearm listed on the FFL 

inventory, and had utilized FFL-related background paperwork to facilitate the transfer. I 

further informed Clow he had potentially committed an additional crime by falsifying the 

background paperwork and making a false entry into his A&D book. I explained this was due 

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to Clow’s knowledge that the firearm was never intended to be sold to Clow from the FFL 

store, but rather to be directly transferred to the male individual whom Clow knew was 

prohibited from firearms possession. Clow agreed that this was the case. I asked Clow why he 

would have done this. Clow stated that he didn’t know and that he was only trying to help the 

guy out, even though Clow knew it was against the law. Clow further stated that he did not 

know why he made an exception for this one person, because he had never done so in the 

past. 

24. I then asked Clow if he sold guns to any other individuals who were prohibited 

from possessing firearms. Clow stated he had not and that he was only involved with two 

transactions, both involving the same male individual. Clow stated he never sold guns to 

anyone whom he believed to be a drug user or illegal alien. I asked if Clow had ever utilized 

any other person’s background information to pass firearms off of Clow’s A&D books. Clow 

denied having done so and he had only used his own personal information to do so. I then 

asked if Clow had ever added firearms to already completed ATF Form 4473’s in order to 

transfer the guns to a person Clow believed was prohibited. Clow stated he had not done so. I 

asked Clow if he was familiar with the term “straw purchase”. Clow stated he was and knew 

it involved one person buying a firearm directly for another person who was prohibited from 

firearms possession. I asked Clow if he had ever knowingly participated in facilitating a straw 

purchase. Clow adamantly denied having ever done so and further stated he worked very hard 

at preventing this from happening at his FFL store. 

25. I then asked about the second transaction which involved the male individual. 

Clow stated that the same male individual had arrived at his FFL store approximately three 

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weeks prior to the date of the search warrant and wanted to buy another firearm from Clow. 

Clow stated he told the male individual he could not sell him a firearm from his FFL store but 

he was willing to sell him a firearm from his personal collection, which was located inside of 

Clow’s residence. I asked Clow if he told the male individual he had guns for sale “off book”, 

which were available for purchase. Clow responded yes and this was the case with the second 

encounter with the male individual. Clow stated the male individual never came inside of the 

store, but rather went inside of Clow’s house, and into the family room where Clow sold the 

male individual a firearm. I confirmed this was the same male individual whom he had 

previously sold a firearm to, and that he was a convicted felon. Clow agreed this indeed was 

the case and he knew when he sold the male individual the second gun, he was a prohibited 

person. I asked Clow if the firearm he had sold the male individual was part of his FFL store 

inventory or was it a personal firearm of his. Clow stated it was a personal firearm of his. I 

asked Clow why he did this. Clow stated he again was just trying to help the guy out and 

again stated he had “fucked up”. 

26. IOI Rushing then inquired as to the inventory of firearms Clow had on his 

premises. Clow stated he had store-related inventory locked in three safes which were located 

in his garage. Clow further stated he had personal firearms which were stored in his house. 

IOI Rushing asked Clow specifically about the personal firearms in his house and if they were 

part of the FFL business. Clow stated they were his personal firearms and he listed the guns 

on Gunbroker.com for sale. Clow further explained that Gunbroker.com was a website for 

buying firearms in an auction format, much like Ebay.com. Clow stated he would personally 

acquire firearms from various sources such as garage sales, flea markets, and other places, but 

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not utilize his FFL to do so. IOI Rushing asked why this was the case when Clow possessed 

an FFL and could readily use it to acquire guns. Clow stated he believed some individuals 

would not sell their firearms to a licensed FFL because they may have a fear of the 

government and did not want a written record with their names on it. IOI Rushing then 

clarified Clow acquired firearms, not acting as an FFL business representative but as a private 

individual, and then placed those firearms on Gunbroker.com to sell. Clow confirmed this was 

the case. IOI Rushing asked Clow if he represented himself as an FFL dealer on the 

Gunbroker.com website. Clow stated he did not. IOI Rushing asked what the user name was 

used by Clow on Gunbroker.com. Clow stated it was “LynneClow53”. IOI Rushing asked 

Clow to further describe the details as to how Clow acquired guns and disposed of the 

firearms on Gunbroker.com. Clow stated he would privately purchase firearms in the manner 

he had previously described, specifically to sell on Gunbroker.com. Clow stated he would list 

the firearm for sale on Gunbroker.com and list himself and his wife, Lynne Clow, as contact 

names. Clow stated he used the FFL business phone number as a contact number because he 

was in his shop most of the time. Clow further stated when a firearm was sold, he would log it 

into his consignment book showing an acquisition through himself and then dispose of it in 

the consignment book to an FFL to which the purchaser chose to have the gun shipped. Clow 

further stated he used his own FFL business to ship the firearms because it was cheaper to do 

so. Clow stated he would include a copy of his own FFL license inside of the shipment with 

the firearm so the receiving FFL had Clow’s information for their records. Clow further stated 

the return address used to make the shipment was 2nd Amendment Guns, LLC (Clow’s FFL 

business). 

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27. IOI Rushing then asked Clow about his firearms suppliers and who they were 

exactly. Clow stated he purchased firearms from Lew Horton, CDNN, RSR, MGE, SOG, and 

Davidson’s. Clow stated his main supplier was Davidson’s and that was the only supplier to 

whom he owed any money. I asked how much his debt to Davidson’s was. Clow stated he had 

a line of credit of $10,000.00 with Davidson’s and that would be how much he owed them. 

Clow stated he typically paid off the other suppliers with profits made from the FFL business. 

I asked how much profit Clow’s FFL business was making. Clow stated the online sales were 

the most profitable and he was clearing about $10,000.00 per month. I asked Clow if he had a 

figure on how much he was making per gun. Clow stated that it depended completely on the 

individual gun specifically and that there were times when he actually lost money on gun 

sales. Clow stated he had a lot of money tied up in expensive firearms which he was trying to 

sell for a large profit. Clow stated the FFL business survived on the gun sales and that he did 

not make a lot of money personally as the gun business was more of a hobby. 

28. IOI Rushing then asked Clow if he recalled having been visited by ATF in the past 

for purposes of an FFL compliance inspection. Clow stated he did. IOI Rushing then stated he 

knew Clow had been previously instructed by ATF that he cannot falsify forms and required 

records and Clow cannot transfer guns to people he had reason to believe were prohibited 

from possessing firearms. Clow agreed this was the case. IOI Rushing further stated each time 

ATF visited Clow’s FFL business; he had to sign an Acknowledgment of Federal Firearms 

Regulations. IOI Rushing stated in light of this, Clow knew some of his activities were 

unlawful. Clow stated “yes” this was true. 

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29. Upon completion of the search warrant execution, I identified individuals whose 

personal firearms had been located and seized at the search warrant scenes. These firearms 

were found at the search warrant sites for a variety of reasons; including repair, consignment, 

advertisement, etc. Once identified, and their ownership stake in specific firearms 

corroborated, I released custody of 46 firearms to 18 individuals.

CONCLUSION 

30. On multiple occasions, as described above, 2nd Amendment Guns, LLC, through 

its employee Wilson Lee Clow, Jr., willfully sold firearms to a person knowing or having 

reason to believe such person had been convicted of a crime punishable by imprisonment for a 

term exceeding one year, in violation of 18 U.S.C. § 922(d)(1). Clow demonstrated a pattern 

and willingness to unlawfully sell any firearm on display to a person he believed was 

prohibited from possessing firearms. Clow’s wife Lynne, who was the store owner for 2nd 

Amendment Guns, LLC, assisted in at least one of these sales and had knowledge of another. 

I believe probable cause exists that 2nd Amendment Guns, LLC had intent to sell all of the 

firearms on display had they been presented with a willing buyer. 

31. Furthermore, I believe Clow willfully encouraged and allowed a prohibited person 

to bring a non-prohibited person into the store for the purpose of filling out the required ATF 

Form 4473 so the prohibited person could acquire a firearm. Clow willfully allowed a third 

party to fill out the paperwork before transferring the firearm to a prohibited person. In 

addition, I know FFLs are required to keep and maintain accurate and complete records of all 

firearm acquisitions and dispositions. Law enforcement depends on the accuracy of this 

information so that, in the event a firearm is recovered after the commission of a crime, they 

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can trace the firearm to the original purchaser. Clow and 2nd Amendment Guns, LLC, by 

failing to document the actual purchaser of the firearms, willfully made false entries and 

representations into their records in violation of 18 U.S.C. §§ 922(m). I further believe that 

Wilson Lee Clow, Jr. transferred firearms to the CI without noting in his records, as required 

to be kept pursuant to 18 U.S.C. § 923, the name, age, and place of residence of the CI, in 

violation of 922(b)(5), and without performing the required background check, a violation of 

922(t). 

32. Based on my experience as a Special Agent with ATF and the circumstances 

detailed herein, I have reason to believe that in the Judicial District of Oregon the property 

described in Exhibit 1, is subject to seizure and forfeiture as there is probable cause to believe 

that the remaining 85 firearms seized from the residence and garage of Wilson Lee Clow Jr 

and Lynne Clow and the premises of 2nd Amendment Guns, LLC, were used or intended to 

be used in any manner or part to commit or to facilitate the commission of a violation of 

18 U.S.C. §§ 922(b)(5), 922(d)(1), 922(m), and 922(t). The firearms, therefore, are subject to 

forfeiture under the authority of 18 U.S.C. § 924(d), which authorizes the seizure and 

forfeiture of any firearms involved, used, or intended to be used in any willful violation of 18 

U.S.C. § 922. 

I declare under penalty of perjury that the foregoing is true and correct pursuant to 

28 U.S.C. § 1746. 

DATED this 13th day of January 2016. 

 s/ Caleb T. Enk 

 CALEB T. ENK 

 Special Agent 

 Bureau of Alcohol, Tobacco, Firearms, and Explosives 

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