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.

ATF has spent $3M to shut down Red’s.

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.

Chris Cox of NRA has a look and a discussion of HR4900.

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.

The WaPo:

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!

Looks like Akins is suing the US and ATF.

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?

ColtCCO:

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

Making a revolver.

And making a 1911.

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 this

The 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.

Ryan notes:

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.

News at Ryan’s:

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.

Ryan looks at some software for FFLs

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.

Joe looks at fertilizer regulation.

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.

What media bias against guns?

Short barreled shotgun porn.

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.

The NRA-ILA notes:

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.

Reader Tommy emails his senators’ letters on the confirmation. More of the same. They are below the fold.

Read the rest of this entry »

I’ve covered the issue many times. Now, the press is covering how Bill Akins has been bankrupted by inconsistencies from the ATF:

More than five years later, Akins is teetering on the verge of bankruptcy.

His business partner has severed ties with his company. His investors have bailed. He has a warehouse in Oregon filled with more than $750,000 worth of useless stock. His reputation has been sullied by trade publications that once praised his invention.

He can’t afford to hire a lawyer to challenge the ATF’s ruling.

“They’ve destroyed my dream,” Akins said. “Eleven years of my life, gone like that.”

ATF officials stand behind their decision to outlaw the Akins Accelerator.

Drew Wade, an agency spokesman in Washington, said the ATF initially approved the device after test firing a prototype that Akins sent them in 2003.

Records indicate the prototype malfunctioned when it was tested and analyzed by a senior technician from the ATF’s Firearms Technology Branch, according to Wade. But the agency approved the Accelerator anyway, saying in a letter that it did not meet the criteria for a machine gun and, as a concept, was allowable under federal law.

“FTB has concluded that your submitted device is not designed and intended for use in converting a weapon into a machine gun,” Alcohol, Tobacco and Firearms officials wrote in a letter dated Aug. 23, 2005.

Wade said the agency reversed its position after someone who bought a fully functioning Accelerator requested another test firing.

And this time, he said, the mechanism worked.

Shortly after, federal regulators issued a new ruling: The Akins Accelerator is prohibited under the National Firearms Act and the Gun Control Act of 1968.

The article also notes the NRA’s lack of involvement in the case: Officials from the NRA and the National Sports Shooting Association, chief advocates for gun ownership in the country, weren’t willing to comment on Akins’ dilemma.

Read the whole thing.

Via Greg.

Rustmeister wrote a letter. He got a response, which isn’t much of a response.

Sen. David Vitter has placed another hold on the confirmation of Michael Sullivan as ATF Director. This in addition to two Idaho senators doing the same. Hmm, maybe I’ll lose my bet.

This a symbolic victory and a good thing.

Two Idaho senators put his confirmation on hold. Now John “My booger hook is on the bang switch” Kerry is asking they remove their hold on the confirmation.

I noted yesterday on the Sullivan confirmation that: Sorry, folks, but it’s a done deal. Mark it.

Today, Ryan reports:

I just came across the following article, Idaho Senators block ATF Pick. It appears that Second Amendment Senators Mike Crapo and Larry Craig have put a hold on Sullivan’s confirmation.

It’s a hold but I’d still bet he gets confirmed.

Still, the significance of Craig and Crapo putting the confirmation on hold indicates that at least some in congress are listening to complaints of ATF abuse. From the AP article:

Idaho’s senators are blocking President Bush’s nominee to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, saying the agency has become overly aggressive in enforcing gun laws.

Republican Sens. Larry Craig and Mike Crapo placed separate holds on the nomination of federal prosecutor Michael Sullivan, the acting ATF director for more than a year.

Crapo’s spokesman, Lindsay Nothern, said the senator’s office has heard from a number of gun dealers, gun owners and others in Idaho who “have concerns about ATF policies regarding gun sales and even (gun) ownership. Maybe the federal government is getting a little too aggressive with people who haven’t done anything wrong.”

Good.

Len Savage of Historic Arms is no stranger to really annoying the ATF and suffering for it. Via Ryan, comes a bit by Savage entitled Am I an enemy of the US Government? A must read for looking at ATF’s tactics. There’s also an interview with him.

Sorry, folks, but it’s a done deal. Mark it.

Ryan at Red’s Trading Post advocates contacting your Senators to oppose the confirmation of Michael Sullivan to head ATF. I concur. A successful politico from Massachusetts isn’t exactly someone I trust to enforce gun laws.

Testimony of Richard Gardiner on ATF enforcement actions. Read it all.

Up next, here’s a Petition to US Congress and the ATF for Fair Treatment of FFL Dealers by the ATF. 5,000 signatures so far.

The NFRTR (National Firearms Registration and Transfer Record) is the registry that maintains NFA weapons. So, a guy wants to lawfully buy a machine gun. He finds the gun, plunks down his roughly $15K for an AR and fills out the paperwork. The ATF verifies that the weapon is in the NFRTR and approves. Then, ATF realized that it wasn’t transferable after you dropped your money, did the transfer, and arranged a dealer and all the other hoops you have to go through to get an NFA weapon. Oops. You’re shit out of luck.

Of course, if the NFRTR was accurate and not full of errors, things like this could be avoided. In the past, agents have testified that the NFRTR is inadequate.

When it comes to gun laws, the enthusiast acts at his peril.

Over at Red’s Trading Post, there’s a letter from the acting ATF director responding to complaints to the National Ombudsman regarding the ATF shutting down firearms dealers.

His letter addresses that there is no correlation between the dramatic decrease of nearly 150,000 licensees and ATF revocation actions. I don’t think he knows what correlation means as there most definitely is one. He also addresses the Akins.

Well, SC sums it up:

Red’s Trading Post and various and sundry gun bloggers and activists are urging everyone to contact the Senate to insist upon a “NO” vote on Micheal Sullivan confirmation as director of BATFE.

David has a how to and instructions.

Fringe benefits if you don’t like cats.

Ted Kennedy:

We’ll miss him in Massachusetts, but he’ll be a strong leader at ATF, and I look forward to working with him on key issues on gun control

He’s referencing the acting head of ATF, Michael Sullivan.

Apparently, there’s a day for that.

Another bit from the aforementioned WaPo bit on guns in Mexico:

But law enforcement officers on both sides of the border have never seen anything like the flood of guns now surging into Mexico. The increase has been stoked by the cartel war and by the ease of buying high-powered weapons since the U.S. assault weapons ban was not renewed in 2004, William Newell, a special agent in charge of the ATF’s Phoenix office, said in an interview.

So, now the ATF is misrepresenting the ban?

Such sticklers for paperwork. Seems they lost 500 records, and can’t account for some machine guns. More here.

In the 2008 appropriations bill:

The Committee has heard reports that ATF has pursued violation revocations and denials against firearms dealers based on violations that consist largely of record keeping errors of various types that are unlikely to impede tracing investigations or prosecution of individuals who use firearms in crime. The Committee encourages ATF to consider lesser gradation of sanctions for record keeping errors.

Past ATF problems:

Unethical and illegal actions from field managers.

Lying in court and getting slapped for it.

Bullying bloggers

Lying (or time-traveling) to make a case that one of their auditees is harassing them.

A circuit court smacks them down for their ruling on model rockets;

An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;

Having budget issues due to mismanagement;

Being investigated for breaking he law at Virginia gun shows.

And they’ve had funds cut for some of their rather, err, dubious programs.

The ATF Director has resigned over excessive and lavish spending.

The now former head of the ATF ordered staff to do his nephew’s homework.

And employees are coming forward with allegations of mismanagement.

And getting smacked down for disregarding the law.

Oh dear:

I’ve received the attached pdf file (small, 134K) from someone in the know. It details ATF agents’ complaints regarding how managers are conducting themselves. Here are a few snippets:

” Field agents have attempted to challenge the un-ethical, and illegal actions of field managers through various means in recent years only to meet with retaliation so destructive it almost inevitably results in the challenges or allegations being withdrawn.”

There’s more. The ATF continues its troubled times:

Lying in court and getting slapped for it.

Bullying bloggers

Lying (or time-traveling) to make a case that one of their auditees is harassing them.

A circuit court smacks them down for their ruling on model rockets;

An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;

Having budget issues due to mismanagement;

Being investigated for breaking he law at Virginia gun shows.

And they’ve had funds cut for some of their rather, err, dubious programs.

The ATF Director has resigned over excessive and lavish spending.

The now former head of the ATF ordered staff to do his nephew’s homework.

And employees are coming forward with allegations of mismanagement.

And getting smacked down for disregarding the law.

On the Kwan case (background here):

Friday the Judge in US v. Kwan set aside the verdict on the Short Barreled Rifle. There will be a hearing in three weeks to determine if US attorney wants to retry or make motion to dismiss.

Seems the ATF mis-represented some facts

David notes:

The Judge set aside the Jury’s verdict, and granted motion for re-trial. He stated reasons that the ATF/US attorney mis-stated the facts. The Judge gave the US Attorney three weeks to consider dismissing the charge, appeal his decision, or get ready for a new trial. I will let you know how the next hearing goes in a couple of weeks. This good news for all the 9th circuit…

Oops.

Prior missteps by ATF:

Bullying bloggers

Lying (or time-traveling) to make a case that one of their auditees is harassing them.

A circuit court smacks them down for their ruling on model rockets;

An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;

Having budget issues due to mismanagement;

Being investigated for breaking he law at Virginia gun shows.

And they’ve had funds cut for some of their rather, err, dubious programs.

The ATF Director has resigned over excessive and lavish spending.

The now former head of the ATF ordered staff to do his nephew’s homework.

And employees are coming forward with allegations of mismanagement.

And getting smacked down for disregarding the law.

It’s amazing, but the ATF has figured out how to do that:

In order for any of these factors to have affected their decision to terminate the audit, they would literally have had to been able to travel back in time.

Seems ATF finds Red’s Trading Post taking pics as a credible threat. That got some press coverage. And a mention at Instapundit.

The ATF’s push is nonsensical but it continues a trend of bad things for the agency in the last few years, like:

A circuit court smacks them down for their ruling on model rockets;

An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;

Having budget issues due to mismanagement;

Being investigated for breaking he law at Virginia gun shows.

And they’ve had funds cut for some of their rather, err, dubious programs.

The ATF Director has resigned over excessive and lavish spending.

The now former head of the ATF ordered staff to do his nephew’s homework.

And employees are coming forward with allegations of mismanagement.

And getting smacked down for disregarding the law.

The ATF has a history of disregarding the law when it suits them. And here are a couple of cases to illustrate that. The first is the ATF’s position that a pistol with a forward grip is an Any Other Weapon. As a result of their contention is that such a configuration requires said weapon to be subject to NFA registration and a $200 tax.

In the case of US v. Davis, the court ruled that a pistol with a vertical fore grip is not an Any Other Weapon because it’s still a pistol:

25. Title 26, United States Code Section 5845(e) defines “any other weapon” as:

… any weapon or device capable of being concealed from which
a shot can be discharged through the energy of an explosion
… Such term shall not include a pistol or revolver having a
rifled bore, or rifled bores, or weapons designed, made or
intended to be fired from the shoulder and not capable of
firing fixed ammunition.

26. A “pistol” is defined in Section 5845 as

A weapon originally designed, made and intended to fire a
projectile (bullet) from one or more barrels when held in one
hand, and having (a) a chamber(s) as an integral part(s) of or
permanently aligned with, the bore(s); and (b) a short stock
designed to be gripped by one hand and at an angle to and
extending below the line of the bore(s). 27 CFR 178.11
(emphasis added).

27. Even after being modified with grips, the pistols are still “pistols” as defined above and not “any other weapon” as defined by 26 U.S.C. section 5845(e).

Despite this ruling, the ATF’s official position is still that a pistol with a forward grip is an Any Other Weapon and they will arrest and prosecute you to the tune of ten years in jail and a $250K fine.

Another of their policies that has been smacked down is their contention that once a machine gun, always a machine gun. That is to say, a firearm receiver that was once a machine gun will always be a machine gun no matter if said receiver has been modified and rendered incapable of fully automatic fire. This position by the ATF has been slapped down in the case of F.J. VOLLMER COMPANY, INC., v. JOHN W. MAGAW, DIRECTOR, BUREAU OF ALCOHOL, TOBACCO & FIREARMS, U.S. DEPARTMENT OF THE TREASURY. In this case, it was ruled that:

This case presents a recurring question under the Equal Access to Justice Act: In evaluating a claim for fees under the Act, what standard of reasonableness should a court use to determine whether an agency’s action was “substantially justified”? In the case before us, this court previously overturned a decision by the Bureau of Alcohol, Tobacco and Firearms, holding the Bureau’s action was inconsistent with the governing statute and would have produced an “incredible” result. The district court nonetheless found the agency’s decision to have been substantially justified and thus denied petitioner reimbursement for fees and expenses. Reviewing the district court’s ruling under the deferential abuse-of-discretion standard, we conclude that the agency’s position was not substantially justified because it was wholly unsupported by the text, legislative history, and underlying policy of the governing statute.

There is also another case (US vs. Dwight Edward Forrester in Florida) that ruled something similar but I am unable to find a link to the text of the case. There is discussion of the case here. Despite these rulings, the ATF will still prosecute based on its position. It does beg the question though: how do you stop this? Even if we win, they continue business as usual and act like there was no ruling.

The ATF has not had a good couple of years, btw. Some recent exploits:

A circuit court smacks them down for their ruling on model rockets;

An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;

Having budget issues due to mismanagement;

Being investigated for breaking he law at Virginia gun shows.

And they’ve had funds cut for some of their rather, err, dubious programs.

The ATF Director has resigned over excessive and lavish spending.

The now former head of the ATF ordered staff to do his nephew’s homework.

And employees are coming forward with allegations of mismanagement.

Update: emdfl points out in comments that:

I seem to recall that the tax on an AOL is $5.00, not $200.00

Sorta: The tax is $5 if you buy one. If you build one (i.e., add a vertical forward grip to your Glock) then it’s $200.

Update 2: And how could I forget the Kwan case (it has been almost two weeks!):

The jury had more common sense than the ATF and decided that this did not meet the standard of “readily convertible.”

More here.

They continue with their stellar performance, but this time, it’s coming from inside the agency:

Jay Dobyns is no stranger to dangerous adversaries.

Within days of becoming a sworn agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Dobyns was taken hostage and shot during a Tucson sting operation.

A year later, he was run over by gangsters in a getaway car.

Since then, he has gone undercover to bust bombmakers, murderers, drug dealers, gunrunners and prison thugs. Three years ago, he infiltrated the Hells Angels so completely that he was offered membership in the biker club.

Now, after nearly two decades of service, after being praised by ATF as a hero and earning national awards, the man known as “Jaybird” is battling his most formidable foe yet: his employer.

Dobyns, 45, is one of dozens of current and former agents to allege mismanagement and misconduct in the ATF, a federal agency responsible for enforcing America’s gun laws and preventing terrorist bombings. More than a dozen lawsuits, administrative claims, grievances, ATF documents and letters to Congress reviewed by The Arizona Republic accused administrators of betraying their own field investigators and operatives out of arrogance or incompetence.

A 2006 inspector general’s report also found that the agency was plagued by poor management and questionable judgment. The ATF director resigned amid the inspector general’s investigation. But agents, lawyers and experts say problems persist, and if left unchecked, a troubled agency will continue to spin out of control.

“The public needs to know,” said Kay Kubicki, a Detroit attorney and former agent who has represented about 25 ATF employees in cases against the bureau, winning half of them and obtaining settlements in some others. “This has a lot to do with homeland security.”

[snip]

In grievances filed with the ATF, Dobyns claimed the agency failed to protect him when he was threatened in the line of duty and then harassed him when he complained about the lack of security. He has submitted a multimillion-dollar claim alleging the bureau ignored death threats against him and his family.

According to a grievance Dobyns filed in May, ATF administrators sought to undermine his credibility by spreading false allegations that he was psychologically unfit for duty and a danger to himself or others. Dobyns alleged in that 83-page record that he was subjected to unwanted transfers, denied security, accused of fraud and blocked from getting a Medal of Valor.

In internal probes, the ATF has dismissed most of Dobyns’ complaints.

Dobyns’ allegations were lodged first in ATF grievances, followed by complaints to the Justice Department’s Inspector General’s Office, the Equal Employment Opportunity Commission and members of Congress. According to those filings, the conflict escalated as Dobyns challenged bosses, complaining up the chain of command.

Other bureau employees, some of whom have similar problems with the ATF, say Dobyns’ transformation from hero to scapegoat is just one example of mismanagement that pervades the agency.

There’s a lot more.

Been a bad year for the ATF. So far:

A circuit court smacks them down for their ruling on model rockets;

An agent testified under oath that the NFRTR (the NFA weapons database) was corrupt;

Having budget issues due to mismanagement;

Being investigated for breaking he law at Virginia gun shows.

Now, it looks like Congress is trying to reign them in some more. From AR15.com, comes the appropriations bill for the ATF. A few interesting things:

Provided further, That no funds authorized or made available under this or any other Act may be used to deny any application for a license under section 923 of title 18, United States Code, or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license , and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986

So, no funding for investigating FFL holders who suffer from a lack of business. And more:

Provided further, That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code

Seems congress is really reigning them in.

CNSnews has a lot more. Read it all and be amazed. Some tidbits:

Agents of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), allegedly acting without warrants or legislative authority to do so, seized firearms from at least 50 gun show patrons in Virginia according to congressional testimony and an agency document made public Wednesday. Witnesses also testified that African-American and female gun buyers in Richmond, Va., and Pittsburgh, Pa., were profiled based on their race or sex and some in Pittsburgh were threatened with arrest by ATF agents for alleged actions that are not violations of law.

More:

“There’s a way to have a sting operation that’s legal. This dragnet, apparent dragnet, however, is not the way it ought to be done,” Scott said. “You have to show probable cause and it can be done. But you ought not just stop people without probable cause and without any indication of guilt.”

John White, a former law enforcement officer who is now an FFL operating under the business name “The Gunsmith,” said female customers who approached his sales area at the Richmond shows were immediately targeted by the “undercover” officers.

“If a woman showed up at my table, she was surrounded by law enforcement,” White recalled. “If the lady walked off and suddenly stopped, they would have bumped into each other. Their surveillance methods were pitiful.

“Every woman that makes a purchase, every woman who comes to my table to buy a gun was automatically [treated as] a straw purchaser,” White said. (A “straw purchaser” is a person who can otherwise legally purchase a firearm, but who does so with the intent to illegally provide it to an ineligible buyer such as a convicted felon or an illegal alien. “Straw purchases” are illegal.)

More:

“Did anybody mention that it is a federal crime to deny women or minorities their civil rights?” Feeney asked. “Did anybody mention to the ATF that denying civil rights, including the right to bear arms, is a federal crime?”

Feeney suggested that, since ATF had refused to comply with the Freedom of Information Act requests from the gun show promoters, the subcommittee should request the information they were seeking. Coble noted that such a letter had already been sent.

Something to hide, eh?

And, again, there has been no mainstream media coverage of this story. None, that I’ve seen. Completely silent. Where are you guys? Oh, still crying because Cheney didn’t call you. Feh.

In what is turning out to be stellar last few months for the ATF in terms of getting slapped around, comes the latest. Now, a circuit court has ruled that the ATF is full of crap with respect to its desire to regulate the engines used in hobby rocketry:

The problem in this case is that ATFE’s explanation for its determination that APCP deflagrates lacks any coherence. We therefore owe no deference to ATFE’s purported expertise because we cannot discern it. ATFE has neither laid out a concrete standard for classifying materials along the burn-deflagrate-detonate continuum, nor offered data specific to the burn speed of APCP when used for its ‘common or primary purpose.’ On this record, the agency’s decision cannot withstand judicial review.

Xavier and TriggerFinger have more.

Past ATF troubles:

An agent testified in court that the NFRTR (registry of NFA weapons) was deficient

They are currently experiencing significant budget troubles attributable to bad management

They’re under investigation for breaking the law at Richmond, VA gun shows.

Not a good year for the ATF. An agent testified in court that the NFRTR (registry of NFA weapons) was deficient; they are currently experiencing significant budget troubles, attributable to bad management; now, they’re about to be investigated for breaking the law at Richmond, VA gun shows:

On February 15, at 4:00 p.m., the U.S. House Judiciary Subcommittee on Crime, Terrorism and Homeland Security will hold an oversight hearing to investigate apparent wrongdoing by BATFE at a Richmond, VA gun show last August.

In 2004-05, a troubling pattern emerged at a number of Richmond, VA-area gun shows, where hundreds of BATFE agents and state and local police staked out local shows. Immediately upon learning of these incidents, NRA began investigating and working to ensure congressional oversight hearings would be held to determine any wrongdoing and ensure BATFE was not overstepping its bounds or violating the law.

BATFE agents copied lawful gun purchase transaction records and provided this information to local police officers, who in turn conducted “residency checks.” Federal law prohibits the release of this information except to state and local police to identify prohibited purchasers or recipients of guns.

I covered their alleged wrongdoing at gun shows several times before.

Only this time, it’s budget stuff and not a corrupt registry of NFA weapons or kitten stomping. The WaPo:

The new headquarters of the Bureau of Alcohol, Tobacco, Firearms and Explosives in the District is at least $19 million over budget at a time when the agency is considering sharp cuts in the number of new cars, bulletproof vests and other basics it provides agents.

The Justice Department inspector general’s office recently received a complaint alleging that ATF Director Carl J. Truscott put through or proposed unnecessary plan changes and upgrades to the 438,000-square-foot building in the past two years, according to four sources familiar with the project.

[snip]

The sources also said that some ATF officials object to the approximately $1 million annual cost of an extensive security detail for Truscott, who spent 22 years at the Secret Service before coming to ATF. The expenditures pay for five full-time agents and two armored Chevrolet Suburbans, which have not been made available to previous ATF directors or to the heads of comparable agencies, such as the U.S. Marshals Service, according to sources and government records.

ATF spokeswoman Sheree L. Mixell said a $12 million funding cut last year by Congress — not spending on the building — was a primary cause of current budget difficulties at the agency. She also said cost overruns for the new headquarters have not been excessive or unexpected.

Looks like there is some concern over their spending. Here’s hoping this serves as a catalyst to look at other issues with the agency.

Eric Larson over at subguns.com thinks so:

For the past several weeks, ATF has apparently instructed its Inspectors not to review any NFA records during compliance audits—they are to examine Title I records only. I’ve heard enough from sources I deem reliable to post this.

What’s going on?

A number of things. First, I am sure y’all recall the post-Waco phrase: “We don’t want Special Agents going around talking or providing information, because we don’t want to create any evidence that could be subpoenaed.” Second, the timing coincides with the public release and posting of the sworn testimony of ATF Inspector George Semoniak [link added - Ed.] at the Wrenn trial. Specifically, as the summary posted with this document states:

In the case United States vs Wrenn (Cr. No. 1:04-045), District of South Carolina, Aiken Division, ATF Inspector George Semonick testified under oath that “there was a discrepancy” between firearms records maintained by defendant Wrenn and those maintained in the NFRTR by ATF. Inspector Semonick also confirmed “that the records, the records kept by ATF, were deficient.” Defendant Wrenn was not charged with any record-keeping violations.

Third, I’ve also heard chatter that ATF suspending record-keeping checks of Class III dealer records on Title II firearms/devices, is a prelude to ATF swooping down and seizing/forfeiting a bunch of NFA firearms/devices. I strongly believe ATF is NOT going to seize/forfeit any NFA firearms/devices under the present conditions because, among other reasons, the NFRTR is under a Congressional microscope at the moment. For ATF to seize/forfeit any NFA firearms/devices at this time would likely invite further destruction of ATF as an institution.

Note that I said “further destruction.” The reason is that ATF is currently doing what the military calls a “damage-limiting operation.” ATF is seriously damaged right now, and ATF’s top executives are trying to limit that damage.

There are things going on regarding ATF’s administration of the NFA that go far beyond and are apart from anything I’ve posted here regarding the NFRTR. Those things are in progress right now, and I’ll leave it to others who are directly involved in them to comment publicly on them in their own way(s) and time(s).

Finally, as always, I’d like to urge any of you who are concerned about the foregoing or anything else pertaining to the NFRTR, to consider contacting your Congressional representatives. Be sure and request your Congressional representatives to contact Sen. Arlen Specter, Chairman, Senate Committee on the Judiciary, which is currently involved in matters involving oversight of ATF. Apparently, a sealed subpoena has been served by the Committee on ATF. I am endeavoring to find out more details, but think some others who are following this may scoop me, which is OK. There’s plenty of information to go around.

At the Wrenn trial, an agent testified the the NFRTR (the registry of NFA weapons) was not accurate. The NFA community has alerted congress and, as such, the ATF folks may be in damage control mode. We’ll see.