ArmedAndSafe tells us that HR4900 (the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act) has 165 Cosponsors. If your Rep (like mine, Jimmy Duncan) is not on the list then call and ask them why.
ATF actually goes after real gun crime!
More like that please. Of course, the article is filled with the usual PSH over assault weapons and cop killer handguns, which are illegal in the US. And this is unpossible:
“I just learned from Mexican authorities that more law enforcement officers were killed in Mexico last year than all the people killed in New York, Philadelphia, Newark combined,” Forcelli said. Mexican authorities told ABC News more than 2,000 law enforcement officers have been killed in the past 18 months.
Unpossible, with all of Mexico’s gun laws.
NRA is encouraging folks to call their congress critters and tell them to support HR 4900 (Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act).
A new letter on suppressors and repair here. Don’t read too much into it because they’ll change their mind next week, not tell you, then arrest you for it.
ATF has no business attending gun control news conferences
Should a federal agency advocate a position on gun control? I think not. In fact, I think I’ll call my congress monkey and tell him that.
Update: Press coverage here.
The story so far: CavArms sold polymer lower receivers for AR-15s. The receivers were injection molded off site. CavArms reached an agreement and got an approval letter from BATF stating that the method of off site production was OK! ATF randomly changes it’s mind without telling anyone (like they do a lot) Then, they raid CavArms.
ATF has initiated Civil Asset Forfeiture for all of the firearms seized in the raid. The list includes firearms that belong to employees, customers, and were here on consignment. We are not going to let them take it all unchallenged, we have retained counsel specializing in asset forfeiture and will be talking with them this week. We will update with more information as it becomes available.
[…]
In Civil Asset Forfeiture, the Government sues the property, and you have to respond as a claimant proving you have a legal right to it. That is the jist of it….google it and you will find a lot of stuff.The way this stuff works is NOT how they tell you it works in high school civics class. I keep reading posts from people about “well the way things are supposed to be is…!” Well it’s not. The way things are supposed to be and the way they actually are, are two different things.
[…]
In Criminal Forfeiture, yes and you have to be convicted. In Civil Forfeiture you have to prove your innocence, or the innocence of the property as not being used in the commission of crimes, etc.
Oops:
Officers from the Bureau of Alcohol, Tobacco, Firearms and Explosives barged into a South Florida home Wednesday only to discover they had the wrong address.
The ATF agents were supposed to conduct a raid at a home in the 2600 block of Northwest 49th Terrace in northwest Miami-Dade County, but they were off by one block. They entered a house on Northwest 49th Street instead.
Philomaine Silvain and her 3-year-old son were among the innocent people inside the home when the agents came in.
Silvain pointed out damage to her front door.
The ATF got all ninjaed up, kicked in the front and back doors, and tossed in some tear gas.
A whole block off? Usually when this happens (and it happens a lot), it’s across the street or next door or something. But a whole block? I guess a screw up that big requires the involvement of the feds.
More stellar performance from ATF!
Update: More from David on innocent mistakes: But let a gun dealer have a paperwork glitch, and it’s a “willful violation” worthy of closing him down.
I kid. But seriously the Commerce, Justice, Science Subcommittee of the House Appropriations Committee will be discussing BATFE’s budget at 2:00 PM ET. If you have time.
Joe says he’s defying me. I didn’t really demand, I just asked. I’m all for the shaming ATF and pointing out how stupid, arbitrary and petty they can be. In fact, I have a whole blog category for that. That’s not what I’m talking about here.
Over at Jed’s place. Seems CavArms is the victim of ATF just arbitrarily changing its mind one day. That seems to be a pattern with the agency and that pattern has ruined too many lives.
ATF Agent Tom Mangan is at it again. You may be asking yourself: Where do I know that guy? Here’s a hint.
How to unintentionally commit a gun crime!
Ya know, I was wondering, as someone who owns a Ruger 10/22, if I purchased a new Ruger Charger, if the ATF could charge me with constructive possession of an unregistered short barreled rifle?
Oh, the things we gunnies have to worry about.
Seen at Radley’s: On a site where government agencies advertise bids for private contractors, the ATF advertises for a Leatherman Micra engraved with the words “always think forfeiture.” You know, in case any of its agents forget what’s really important.
Once again, caught part two of the show. Pretty good bit, I thought. Noted ATF lacks testing standards and that all tests of firearms are not videotaped. They mentioned a bill (HR1791??) that seeks to establish standards and require videotaping of ATF testing. Said that next week, they’d talk to NRA and a couple of Congressmen. Good.
So says David Codrea. Took a while, as I reported here on 1/18 that I was hearing rumors the Olofson case would make the show. The Olofson case involves a malfunctioning weapon being classified as an MG.
I’ll TiVo it.
Gun Law News has some updates on the Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act.
Red’s Trading Post’s story has made the press again. This is interesting:
The revelation of the 10-gun rule came during the first day of a scheduled two-day U.S. District Court hearing over the future of Red’s license. It offered a glimpse of how the ATF decides when and where to crack down on gun shops. That mystery has evaded Republican Idaho Sens. Larry Craig and Mike Crapo, who each put a hold on the president’s nomination of the agency’s head pending an ATF explanation of an apparent escalation in license revocations nationwide in recent years.
So, ten crime guns traced and you’re investigated? Ten out of how many?
More of the same: ATF goes after an insignificant number of clerical errors.
Edgar A. Domenech says he thought Justice Department officials would welcome information about mismanagement at the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Instead, the 23-year ATF veteran says, Justice officials ignored his complaints and later retaliated against him by demoting him, denying him a bonus and attempting to give him a poor job review.
“I realized I was committing career suicide at the time, but I felt I had a moral obligation as the deputy director to protect the agency and the men and women of the agency,” Domenech said in an interview yesterday. “In retrospect, I was naive to believe that the department would welcome my honesty.”
And what did he do?
Domenech filed a 13-page complaint yesterday with the Office of Special Counsel, saying that ATF and the Justice Department punished him for raising questions about the performance of former ATF director Carl J. Truscott, who resigned in August 2006 while under investigation for alleged financial mismanagement.
Domenech, who was second-in-command at ATF for four years, said his complaints about Truscott beginning in late 2005 were ignored or played down by aides to then-Attorney General Alberto R. Gonzales because Truscott had ties to the White House. Truscott headed President Bush’s Secret Service detail before taking over ATF.
But new management is better, right? Wrong:
Domenech said ATF’s acting director, Michael J. Sullivan, and other officials have taken actions meant to punish him for raising questions about Truscott. The moves include transferring him out of headquarters and excluding him from meetings and duties that usually would be his responsibility.
Good to see the ATF continue its stellar performance!
That’s a quote from a guy in the video about the ATF raid on Cavalry Arms. The guy owns a business nearby. Is it bad that my first thought is that the something probably consists of not crossing Ts or dotting an I or writing N instead of No on a form?
As with Red’s, they can come by any time, and check whatever they want - time will tell if there’s any merit to the raid on Cavalry Arms. This one may be related to a past investor(no longer associated) in the company that was nabbed for fraud, Warren Mee of Ameetec, who didn’t have the best rep to begin with. Again, may be unrelated, as the news people can’t seem to figure out if the warrant is for paperwork violations(Fox), or for fraud and money laundering(ABC). May be a fishing expedition or budget justification. Maybe if they fuck up enough small manufacturers and businesses, in the name of the public safety, people will get discouraged about going into the firearm business.
Ryan: When did the Bureau of Alcohol, Tobacco, Firearms and Explosives begin to start regulating fraud and money laundering?
Nicki: From what I’m reading on the Interwebz, it may have been the handiwork of a disgruntled former employee
Good:
The confirmation of US Attorney Michael J. Sullivan as head of the Bureau of Alcohol, Tobacco, Firearms, and Explosives was thrown into further doubt yesterday, when a Republican senator who is blocking the nomination renewed complaints that Sullivan has refused to loosen licensing rules for guns.
more stories like thisThe development means that the future leadership of the US attorney’s office in Boston will remain cloudy for the foreseeable future, because the Bush administration has been unable to nominate a replacement.
For now, Sullivan is performing both roles while his nomination is caught in a crossfire over gun policy.
Senator David Vitter of Louisiana said yesterday that he met with Sullivan late last year to discuss what Vitter described as burdensome regulations imposed on gun owners and dealers by the bureau, which Sullivan has led as acting director since September 2006. Vitter asked Sullivan to address the concerns in writing.
“I recently received his answers to those questions, and I was disappointed in his responses, so I am going to continue to hold this nominee,” Vitter said in a statement released to the Globe. “The nominee seems to support the ATF’s current inadequate policies and exhibits a lack of willingness to address these problems.”
Good for Vitter.
HR4900: the Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act is the latest attempt by Congress to reign in that agency that seems to want to put its customers out of business.
Sullivan in April 2007 touted the ATF’s “outstanding relationship” with IACP-International Associations of Chiefs of Police. An organization that has been exposed by the NRA as being in the pockets of a large gun control group. Fitting enough Acting ATF Director Michael J. Sullivan was one of the Keynote Speakers at IACP’s Great Lakes States Summit on Gun Violence. Sullivan also served on a panel that included gun banners Chicago Mayor Richard Daley, Joyce Foundation President Ellen Alberding, Milwaukee Mayor Tom Barrett and Professor David Hemenway.
He has a list of other organizations there as well. You’ll recall that the IACP is an anti-gun group funded by the Joyce Foundation.
US District Court Judge Edward J. Lodge has denied the BATFE’s request for summary judgment in our case and has moved it on to trial.
Ryan is excited.
Mexico is upset that guns are getting into the country. They blame the US, of course. The US recently decided to give trace data to the Mexican .gov. But this is bullshit:
Officials said that many of the weapons – including powerful handguns and semiautomatic assault rifles – are purchased legally at shops and gun shows, and that Houston and Dallas are two of the top sources. The guns are typically carried south across the border by multiple couriers whom some officials referred to as an “army of ants.”
Even black-market military-style weapons, such as .50-caliber machine guns, bazookas and grenades, have been seized in raids.
.50-caliber machine guns, bazookas and grenades are all either 1) illegal in the US or 2) heavily regulated in the US. They’re also, generally, unlawful to export of course. So, Mexico’s weapons of this sort are likely coming from somewhere else. But ATF to the rescue:
In Mexico City, U.S. Attorney General Michael Mukasey said the goal of what officials are calling Project Gunrunner is to dry up the cartels’ arms supply in the U.S. by punishing gun dealers who knowingly sell weapons to “straw” buyers who then resell them illegally.
Or just look for the dealers who sell .50-caliber machine guns, bazookas and grenades because they’re likely already breaking the law.
The US government has agreed to give access of trace data to Mexico:
US Attorney General Michael Mukasey said Mexican police who seized arms could use the system to notify the US who would then target the dealers.
When ATF decides you are. In other news, the ATF has never heard of milsurp firearms:
Over 75 percent of the firearms purchased by Novick retailed at less than $170. This information is not consistent with firearms being purchased by an individual purchaser for enhancement of his personal collection
Careful, they can be machine guns:
“If your semiautomatic rifle breaks or malfunctions you are now subject to prosecution. That is now a sad FACT. I guess we know now what Sen. Kennedy meant when he said he looked forward to working with [Acting Bureau of Alcohol, Tobacco, Firearms and Explosives Director] Mike Sullivan on Gun control issues, after his committee approved him for full Senate vote,” Len Savage, a weaponry expert who runs Historic Arms LLC, said in a blog.
What is not a machine gun this week may be next week, if the ATF happens to feel like it. Once again, the ATF is going after people for not breaking the law. Not the first time they’ve been caught deceiving in an effort to get a conviction.
In North Carolina, another judge questions ATF’s definition of willful.
And Senator Crapo on his hold of the Sullivan confirmation:
I recently had the opportunity to meet with Acting Director Sullivan to inform him of multiple concerns that I have had in recent years with BATFE treatment of small firearms dealers. Mr. Sullivan conveyed his belief that BATFE is fair and impartial in its treatment of these businesses, and only revokes federal firearms licenses when it has no other options. I am not satisfied with Mr. Sullivan’s response.
Read it all.
Seems congress has wagged their finger at the ATF a couple of times for going after dealers who commit technical errors (i.e., writing a Y instead of spelling out Yes) a couple of times. But ATF continues to disregard those reprimands.
Speaking of Joe, he notes that an ATF agent gets it right. Good. Though I find it odd since they have a history of feeding the PSH.
So, is it the policy of ATF to repeat anti-gun misinformation in the press in an effort to expand gun control? I think so. Seems it would add to job security.
Semi-autos are not what soldiers carry.
Looks like acting ATF Director Michael Sullivan is under fire again:
This is one of the Judge’s that has criticized Sullivan in the past and at one point threatened to send a US Marshall to pull Sullivan out of a Dentist chair and bring him to court. Then earlier this year filed a complaint against Sullivan’s office citing “extraordinary misconduct by the Department of Justice”.
Sullivan has time and time again been criticized for refusing to plea bargain, tying up the courts and always seeking the maximum penalty-no matter how small the crime. Sullivan’s critics say he’s rigid and uncompromising, and hasn’t shown an ability to temper punishment with compassion.
Representatives Steve King (R-Iowa) and Zach Space (D-Ohio), have introduced H.R. 4900 the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007.” The bill would roll back unnecessary restrictions, correct errors, and codify longstanding congressional policies in the firearms arena. This bipartisan bill is a vital step to modernize and improve BATFE operations.
Of highest importance, H.R. 4900 totally rewrites the system of administrative penalties for licensed dealers, manufacturers and importers of firearms. Today, for most violations, BATFE can only give a federal firearms license (FFL) holder a warning, or totally revoke his license.
H.R. 4900 would allow fines or license suspensions for less serious violations, while still allowing license revocation for the kind of serious violations that would block an investigation or put guns in the hands of criminals. This prevents the all-too-common situations where BATFE has punished licensees for insignificant technical violation—such as improper use of abbreviations, or filing records in the wrong order.
Among its other provisions, H.R. 4900:
* Clarifies the standard for “willful” violations—allowing penalties for intentional, purposeful violations of the law, but not for simple paperwork mistakes.
* Improves the process for imposing penalties, notably by allowing FFLs to appeal BATFE penalties to a neutral administrative law judge, rather than to an employee of BATFE itself.
* Allows a licensee a period of time to liquidate inventory when he goes out of business.
* Allows a grace period for people taking over an existing firearms business to correct problems in the business’s records—so if a person inherits a family gun store (for example), the new owner couldn’t be punished for the previous owner’s recordkeeping violations.
* Reforms the procedures for consideration of federal firearms license applications. Under H.R. 4900, denial of an application will require notification to the applicant, complete with reasons for the denial. Additionally, an applicant will be allowed to provide supplemental information and to have a hearing on the application.
* Codifies limits on disclosure of firearms trace data—which Congress has already limited through a series of appropriations riders over the past three years, out of concern for gun owners’ privacy and the confidentiality of law enforcement records. The provision would still allow law enforcement agencies full access to trace data for bona fide criminal investigations.
* Requires BATFE to establish clear investigative guidelines.
* Clarifies the licensing requirement for gunsmiths distinguishing between repair and other gunsmith work and manufacture of a firearm.
* Prevents disclosure of information in FFL records outside of law enforcement agencies.
* Focuses BATFE’s efforts on violations of firearms, explosives, arson, alcohol and tobacco laws, rather than on broader areas such as gang or drug investigations.
* Eliminates a provision of the Youth Handgun Safety Act that requires those under 18 to have written permission to use a handgun for lawful purposes (such as competitive shooting or safety training)—even when the parent or guardian is present.
* Permanently bans taxes or “user fees” on background checks by the federal instant check system—fees that Congress has prohibited in annual appropriations riders since 1998.
* Permanently bans creation of a centralized electronic index of dealers’ records—a threat to gun owners’ privacy that Congress has barred through appropriations riders for a decade.
* Allows importation and transfer of machineguns by firearm and ammunition manufacturers for use in developing or testing firearms and ammunition. In particular, ammunition manufacturers fulfilling government contracts need to ensure that their ammunition works reliably.
* Allows transfer and possession of machineguns for use by federal security contractors. Additionally, H.R. 4900 provides for the transfer and possession of machineguns by professional film and theatrical organizations.
* Repeals the Brady Act’s “interim” waiting period provisions, which expired in 1998.
* Gives BATFE sole responsibility for receiving reports of multiple handgun sales. (Currently, dealers also have to report multiple sales to state or local agencies, a requirement that has shown little or no law enforcement value.)
* Restores a policy that allowed importation of barrels, frames and receivers from non-importable firearms, when they can be used as repair or replacement parts.
Good. I particularly like the importation of machinegun bit because:
the lack of a market creates is there will be no new rifle for the military developed in the US. US gun makers (except for Colt) rely heavily on the civilian market. No one is going to develop the next assault rifle unless they can immediately make money off of it and US military contracts are way off in the future. Sure, there’s the occasional smaller company that caters to them but they seem to do so more from a hobbyist standpoint than a business standpoint.
And I like lifting the import restrictions. Actually, not much I don’t like.
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