Homeland Security 'shoots down' a Skyraider

T33driver · **Posted:** Tue May 26, 2009 8:42 am

If...IF what Walt Fricke reports is true to the letter, then a very basic element of the warbird importation process was botched--filing an ATF form 6 for the airplane itself. The owner is still responsible because it's his airplane. Importing a warbird without filing an ATF form 6 application/import license for article of war is like an international traveller arriving in the USA from another country without a passport because an expert told him it wasn't necessary, then being surprised when he's detained and investigated by US Customs and Immigration. Doesn't matter if we think a Skyraider is still a viable "article of war" or obsolete like a musket, it still falls under that definition so here we go again, we have to live with it. I'm right there with you guys that many of the US homeland security measures need to be modified, streamlined and made sensible, but that needs to be dealt with separately. The fact we don't like the gov't agency's response doesn't change the fact the owner violated the law however innocently or unknowingly. I suspect the US Immigration/Customs division in Buffalo that let the Skyraider pass through without the form 6 is embarrassed and wants to "make it right" by confiscating the airplane and the law certainly gives them the power to do that given the lack of a signed form 6 import license. In the meantime, we have to live with the current laws and jump through the hoops to import warbirds and it can be done with a little bit of diligence and persistence. As much as I disagree with much of the onerous US homeland security red tape, those are the rules of the game and if you wanna play, you must comply. Again, I only take this position if the scenario is as Walt Fricke desribes and there are no other mitigating circumstances. I hope ATF will let the owner file the ATF form 6, get off with a warning and get his airplane back.

PinecastleAAF · **Joined:** Fri May 25, 2007 4:50 pm **Posts:** 1028

Quote:

Doesn't matter if we think a Skyraider is still a viable "article of war" or obsolete like a musket, it still falls under that definition so here we go again, we have to live with it. I'm right there with you guys that many of the US homeland security measures need to be modified, streamlined and made sensible, but that needs to be dealt with separately. The fact we don't like the gov't agency's response doesn't change the fact the owner violated the law however innocently or unknowingly. I suspect the US Immigration/Customs division in Buffalo that let the Skyraider pass through without the form 6 is embarrassed and wants to "make it right" by confiscating the airplane and the law certainly gives them the power to do that given the lack of a signed form 6 import license.

This sums it up absolutely perfectly. Bravo!

brucev · **Posted:** Tue May 26, 2009 12:52 pm

Jack Cook wrote:

Quote:

he left an AD in Tampa Bay as a student

got the accident report handy to show fault to back that one up :?:

i've read it, here is someone else's summary

"...The 23-year-old junior lieutenant wasn't paying attention and erred in using "a power setting too low to maintain level flight in a turn," investigators concluded."

Warbirdnerd · **Joined:** Fri Apr 30, 2004 7:34 pm **Posts:** 2943

In the news:

Quote:

Mark Almond/Birmingham NewsClaude Hendrickson III says he wants to fly the Douglas AD-4N Skyraider in air shows and eventually donate it to the Southern Museum of Flight.
A vintage airplane collector said Tuesday that government agents have impounded his rare 1952 military aircraft he imported from France last fall and are threatening to destroy the plane because of a missed step in bringing it into the country.
Claude Hendrickson III said U.S. Immigration and Customs Enforcement agents seized his Douglas AD-4N Skyraider about six weeks ago at the Bessemer Municipal Airport hangar he leases.

"(ICE) basically said we smuggled the plane into the country. My question is how do you smuggle this into the country," Hendrickson asked pointing to the single-engine aircraft that was commonly used as an attack bomber during the Vietnam War.

Hendrickson's Skyraider is believed to be one of only four of its kind that remain in the U.S.

The airplane, which Hendrickson bought for $100,000 last May, since its seizure has been moved to another hangar at the Bessemer Airport.

Hendrickson said he is not allowed to fly the plane or perform any work on it until ICE agents release it.

ICE spokesman Temple Black on Tuesday declined comment on the case and forwarded questions to the U.S. Attorney's Office in Birmingham.

Officials in the U.S. Attorney's Office declined specifics on the matter, but said "ICE continues to investigate the case."

Hendrickson said he was not trying to bring the plane into the country illegally. He said he believed he followed all steps to import the plane.

The 48-year-old businessman hired attorneys Joe Lassiter and Anthony Johnson. Hendrickson said his attorneys on Tuesday met with lawyers in the U.S. Attorneys in Birmingham regarding the plane.

Hendrickson said he has been advised that ICE had 60 days to file any criminal charges against him. He said the plane has already been impounded for about 45 days.

MISSED PAPERWORK:

Hendrickson, who lives in Shelby County, said he was in Texas on business when federal agents seized the plane at the Bessemer Airport in May.

He flew into the airport as soon as he heard about the seizure and briefly met with ICE agents.

Hendrickson said ICE agents told him then that he had failed to fill out a form required by the Bureau of Alcohol, Tobacco Firearms and Explosives when he imported the plane into the states from France.

Hendrickson said he was unaware he had to register the plane with ATF since he removed the aircraft's artillery while it was still in France.

Hendrickson did register the plane with the FAA.

The FAA issued a certificate of registration on the airplane in September 2008, according to the agency's Web site. The registered owner of the aircraft, according to the FAA, is Dixie Equipment LLC, the business Hendrickson owns.

IN HONOR OF FATHER:

Hendrickson's father, Claude F. Hendrickson Jr., is a retired captain in the Navy. The elder Hendrickson flew planes like a Skyraider during his service.

It was his father's service as a Naval pilot that sparked the younger Hendrickson's fascination with airplanes. The younger Hendrickson owns several vintage military aircraft that he houses in Bessemer including the exact SNJ-4 warbird his father flew during his time in the military.

He and his father made the trip to France last year for the Skyraider. After inspecting the aircraft, the two men hired a pilot to fly a 15-day trip to get the plane from Europe to Buffalo, N.Y.

The Hendricksons planned to enter the plane in air shows across the country. Hendrickson already flies several of his military planes in air shows.

The younger Hendrickson said once the Skyraider had made a successful run in air shows, he planned to donate the aircraft in his father's honor.

"Ultimately, my intentions from the beginning have been to fly this plane for five to 10 years in air shows and then donate it to the Southern Museum of Flight in my father's name."

Now, Hendrickson worries that the government will destroy the vintage aircraft.

"I just don't get it," Hendrickson said. "This is a part of American history. It is of no danger to the government."

News staff writer Robert K. Gordon contributed to this report.

Join the conversation below or e-mail Debro at adebro@bhamnews.com.

Found it here (along with some interesting reader commets):
http://blog.al.com/spotnews/2009/06/col ... izure.html

Jack Cook · **Posted:** Wed Jun 03, 2009 8:57 am

Quote:

"...The 23-year-old junior lieutenant wasn't paying attention and erred in using "a power setting too low to maintain level flight in a turn

Not a rare thing for a student pilot. I recall a L-101 crashing out of Miami
due to preoccupation with a malfunction of the nose landing gear position indicating system distracted the crew's attention
from the instruments and allowed the descent to go unnoticed. A DC-8 crahed here when the crew was so distracted by the
low fuel warning light that they ran it out of gas.

oscardeuce · **Joined:** Wed Jul 27, 2005 3:34 am **Posts:** 1021

Maybe Sen. Kerry can help, apparently the IRS "has a gap" in some of his tax records.

I hope this is worked out.

A2C · **Posted:** Wed Jun 03, 2009 10:36 pm

Good point on Kerry. I've heard that Janet Napolitano had to apologize for her statement about rt wing gun toting, Bible believing Americans so she's on the defensive a perfect time to get the plane back.

P51Mstg · **Joined:** Tue Jan 25, 2005 11:36 am **Posts:** 1202

Actually the L-1011 crash was a result of the crew being preoccipied with the nose gear light and nobody "flying the airplane". It was on autopilot and the button was bumped and the autopilot disengaged.

The airplane was over an unlit swamp and it slowly and gently spiraled into the ground while the crew "solved" the nose wheel light problem. Since there were no lights in the area, it was hard to visually see that the airplane was descending.

Lesson learned....... SOMEONE HAS TO FLY THE AIRPLANE AT ALL TIMES.

Mark H

Mudge · **Posted:** Thu Jun 04, 2009 9:41 am

Just proves the old saying..."What good's a little power if you can't abuse it?"

Mudge the disgusted

b17engineer · **Posted:** Fri Jun 05, 2009 3:41 pm

Hmmmm,
Homeland Security 2009,
Gestapo 1939

Anyone see the similarity? Rick

gary1954 · **Posted:** Fri Jun 05, 2009 7:15 pm

Back in the last century I was considering importiing an aircraft from mexico, it had a data plate that said it was made in the USA. I checked with customs and they said that as long as it was made in America, there was no problem. A lot has changed since then with all the appointed DipShhhits in government office(s). What has the government become? individual of questionable judgement's. And they have us surrounded.
We need a compresensive list of Congressmen and other Legislators that are warbird friendly so we can stay in their ear.

steve dickey · **Posted:** Thu Jun 25, 2009 7:19 pm

With whats happening to Gary I've been wondering about this. Any new news :?:

Ken · **Posted:** Sun Aug 02, 2009 10:21 pm

So did this story drop from the news?

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Homeland Security 'shoots down' a Skyraider

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