Posted on 02/17/2006 11:16:14 AM PST by SonofLiberty1
Congress Told of ATF Seizures, Threats to Gun Buyers By Jeff Johnson CNSNews.com Senior Staff Writer February 17, 2006
(CNSNews.com) - 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.
Rep. Howard Coble (R-N.C.) chairs the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, which has jurisdiction over ATF. While he supports the agency's mission, Coble questions some of its tactics.
"ATF reports that 206 [gun show] participants were stopped and interviewed while it confiscated firearms from another 50 participants," Coble said, referring to gun shows in Richmond, Va. "Although most of the firearms were ultimately returned, the purchasers were notified via official letter from ATF that [they] were ordered to appear at the local ATF office to discuss their transactions. In addition, the letter explained that failure to appear could result in an arrest warrant being issued for the alleged charges."
The form letter had blanks for the name of the gun show patron and the date and time they were ordered to appear at the ATF field office, but cited no authority for the gun confiscations or the mandatory office visits.
"An investigation has revealed that you may have violated Title 18 U.S.C. Section 924(a)(1)(A), a crime punishable by imprisonment for up to five years," the letter began. The U.S. Code citation refers, in this instance, to knowingly making a false statement on the ATF Form 4473 "Firearms Transaction Record Part I - Over-The-Counter," which is completed for each firearm purchased from a federally licensed firearms dealer (FFL).
"The firearm that you purchased is being taken into ATF custody," the letter continued, citing no authority for the seizure.
Rep. Bobby Scott (D-Va.) said the ATF letter and the reported interrogation of lawful gun buyers raise "serious questions."
"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.)
As Cybercast News Service initially reported, ATF agents working with as many as 400 state, county and city police officers near Richmond, Va., conducted so-called "residency checks" on individuals who purchased firearms from the Showmasters Gun Show Aug. 13 and 14, 2005. Uniformed officers went to the homes of prospective gun buyers, while they waited for their National Instant Check System (NICS) background checks to be completed and questioned family members and neighbors about the gun buyers' firearm purchasing habits.
In a subsequent report, Cybercast News Service detailed that ATF had conducted at least seven similar gun show "sting operations" targeting Richmond-area residents since July of 2004. ATF refused to discuss any of the operations with Cybercast News Service and refused to provide any documentation in response to Freedom of Information Act requests filed by the sponsors of the Richmond gun shows.
Suzanne McComas, a licensed private investigator who has worked with the America's Most Wanted television program, was hired by the National Rifle Association (NRA) to gather information about ATF's Richmond operations. During her investigation, she learned that the agency had been conducting "residency checks" in at least one other U.S. city, but using different and "much more intimidating" tactics.
"At Pittsburgh, the Firearms Task Force there that's also headed by the ATF, instead of doing residency checks immediately, they're collecting the 4473 with the purchaser's address on it, then they go knock at the door about a week later and ask, 'Could we see the gun that you bought?'" McComas explained. "There's absolutely no process involved, there's no reason for them to do it. If you cannot produce the gun, they ask you for the sale paperwork. If you refuse to produce the paperwork they put you under arrest for a 'straw purchase.'"
Federal law requires licensed gun dealers to complete an ATF Form 4473 for each firearm sold through their business, in addition to any forms required by the state, county and/or city where they do business. Private sales between individuals, who are not engaged in the firearms trade as a business, are subject to no such federal recordkeeping requirements. Therefore a gun show purchaser could legally sell or even give the gun they purchased to someone else yet have no paperwork to meet the ATF's demand.
"You and I know that, but [a woman who bought a gun and then gave or sold it to someone else, both legally] probably doesn't," McComas told Cybercast News Service. "If she can't produce it, they arrest her for a straw purchase and her life turns into a living hell until she can prove otherwise. It's zero probable cause except for the fact that they thought it was a straw purchase because she was black and she was young and she was female."
McComas questioned not only the legality of the ATF tactics in Pittsburgh, but also the methodology.
"When I asked them what their criteria was for the people that they collected the 4473s on at the Pittsburgh show, the answer I got back was, 'If it walks like a duck and quacks like a duck it's a duck. That's all we need,'" McComas continued. "Translation: Under 30 and black, period. That's all they were looking for. Anyone who meets those criteria, they're doing a follow-up on."
She said that, as in Richmond, agents in Pittsburgh were also engaged in activities that gun dealers believe were designed to discourage lawful purchases by minorities.
"Anyone who was a minority, they picked up their 'tail,' if you will, and just followed them through the gun show. When they stopped at a table, the agents would literally stand on one side or the other and watch what they were doing. If they started to purchase a gun [the agents] would ask them why they were buying it, what were they buying it for, what did they need that gun for," McComas related. "It was ridiculous. There was absolutely no reason for it other than the color of their skin."
Rep. William Delahunt (D-Mass.) said he had not intended to attend the hearing, which was held immediately after a subcommittee vote on an unrelated bill, but stayed because he was fascinated by the witnesses' testimony.
"These must be the dumbest ATF agents in the entire agency," Delahunt said. "I am absolutely shocked that they could be that stupid.
"It's almost to the point that it's difficult to believe," he added. "I have never heard of an experience like the ones you recount, but you all seem to be in agreement. It's just mind-boggling."
Rep. Tom Feeney (R-Fla.) expressed curiosity that federal law enforcement officers would not know that the actions described by White and McComas violate federal statutes.
"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.
ATF representatives present at Wednesday's hearing reluctantly identified themselves by raising their hands when asked to do so by Coble. They would not respond to the new allegations raised in the hearing, but referred questions to their press office. ATF officials are expected to testify on the issues raised Wednesday in a second hearing scheduled for Feb. 28.
So, then, why, under this ordinance, isn't Lon Houricha(sp)
of Ruby Ridge fame, not doing time?
Because the definition of a crime is set by the very people who enforce such laws.
Lon should be in jail for murder much less violations of civil rights.
G-Men, revenuers , Feds and all the Federal Government slime ain't welcome in these parts.
The jack booted thugs are still around.
Careful, President Bush doesn't like for his favorite people to be referred to as what they are.
"Disband the BATF and ship 'em all off to our southern border. Let 'em harass illegals for a change."
Exactly. We have criminals streaming across our southern border, and they're harrassing citizens who choose to exercise their right to bear arms?
This rogue agency needs to be disbanded, post haste. I personally know people who have been brought up on charges of possession of automatic weapons just because the ATF was able to make their semi-auto rifle misfunction and fire two shots with one trigger pull. These thugs ruin people's lives for sport.
Why is the guy in that photo covering his face with a balaclava? If he hasn't done anything wrong, what does he have to hide? Isn't that what they are always telling us?
Never trust a government that doesnt trust its own citizens with guns
--Thomas Jefferson
hopes that somehow the criminals will stop being
criminals will never let something as silly as complete
and utter failure stop them
Absolutely right. ATF has been doing a lot worse than this for decades and no one in Congress or the White house has ever said squat. After the noise dies down about these latest outrages BATF will go right on it's merry way just as it has ever since it was created by LBJ's 1968 GCA. BATF's jack-booted thugs are about as likely to being reigned in by Congress for their gross excesses as Gestapo thugs were likely to be punished by Hitler for cruelty to Jews.
If it ever came out how many innocent gun dealers and gun owners have been unlawfully harassed, lost property to illegal seizures, verbally abused, and even physically assaulted by BATF thugs it would make John Gotti's mafia goons look like choir boys. Not many years a go a totally innocent PA gun dealer who was disabled with a severe heart disease was raided in his home by a gang of JBTs fishing for something to nail him on. The thugs abused his young son who tried to run away, then ransacked his home for hours while the family was held at gunpoint. As the thugs finally left his almost totally wrecked home one of the female thugettes paused long enough to stomp to death his young daughter's pet cat who happened to walk by. And that incident is just one of thousands just as bad or worse.
What is so maddening is that if you try to fight BATF in court you lose every time because juries seem to always believe that anyone from a federal agency is totally honest and above board in everything he or she does. After all, the federal government is our protector and friend, right? Wrong, in the case of BATF thugs at least, nothing could be farther from the truth.
BATF thugs did a real number on me during Clinton's 1st term when I was forced out of business for no reason except that BATF under Clinton was doing whatever it took to reduce the number of gun dealers in the US. Clinton got his way, the number of federally licensed gun dealers dropped over 80% during Clinton's 1st term.
My local city officials aren't much better. They wouldn't help me in my fight with BATF even though they knew perfectly well that I was 100% in the right and was being unjustly driven out of business by BATF. In fact they cooperated fully with the JBTs in every unjustified thing they were asked to do. In the eyes of most city officials, gun stores rank about 20 notches below whorehouses, loan sharks, and drug dealers on the "undesirable businesses" list.
Disbanded my foot, every stinking one of them should have been thrown in federal prison for abuses committed under color of law on innocent American citizens. Citizens whose only "crime" was believing that the 2nd Amendment to the US Constitution actually means what it says.
Hell will freeze solid from shore to shore before that ever happens.
Lawmakers at every level hate independent minded people like those who wrote the Constitution, and who usually own and use guns. They like the kind of people who are content to live under their thumbs as long as they toss them a few crumbs now and then. Most people who love guns and the liberty which those guns help protect aren't cut from that bolt of cloth.
I don't think I have one! I've never liked gun shows though, too many cruddy old guns, and wierd nazi crap. I like the gun shop/barbershop/bookstore across town much better. Your mileage will vary.
ATFE is different than almost any other Fed. agency, as they get away with putting the entire burden of proving innocence on the accused, with no real need for ATFE actually prove guilt.
ATFE integrity ranges from great to criminal sedition, depending on the outlook of the regional management.
When kittens are stomped, citizens intimidated, and gun owners rights routinely violated, you can count on a management team with an agenda of destroying our RKBA. Sometimes this is done by "rogue" agents under the impression that it is the fast track to promotion.
In most of these cases you can expect to find a Klinton hold-over in a position of some power.
It is good to remember that the real reason for the assault at WACO was to divert attention from ATF's many internal problems at the time.
They included lawsuits relating to sexual and racial discrimination.
OOP's! Looks like the same type of lawsuits may result here as well!
From what I have observed, your comment would be more accurately aimed at our new AG.
AG Gonzo is no friend of our RKBA.
He has instituted several changes in "policy" and "interpretation" that are quietly infringing our RKBA in new ways that Klintoon would envy right this moment!
BINGO!
You nailed it.
"racists who don't want black or Irish people to have guns. "
Then there is NY's "Sullivan Law", put in place by Irish mobsters to harass the Italian mobsters!
naturally, in reality it only harasses the law abiding citizens of N.Y., and provides the hoplophobes with statistics to manipulate.
To support "Class III", become an active member of NFAOA.org.
The resources section there documents a LOT more abuse than this thread is discussing!
We are working on issues and bills that NO other RKBA group will touch.
http://www.nfaoa.org
Ugh, Maxine Waters is on the committee.
She will probably phone in a bomb threat to clear the room if it begins to look like ATFE might actually get their hands slapped in some manner.
She will have no problem with the racial profiling, so long as it possibly prevented even a single gun being sold.
These are not the only investigation into ATFE that are pending in the near time frame.
ATFE malfeasance and lying regards the NFA-NFRTR is being looked at too.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.