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Shops in clear on guns
Post and Courier ^ | February 9, 2007 | NADINE PARKS

Posted on 02/09/2007 12:29:16 PM PST by Neil E. Wright

The U.S. government will not pursue charges against a Summerville pawnshop owner and 14 other gun dealers accused in a New York City lawsuit of illegally selling weapons, a newspaper reported.

Various U.S. attorneys' offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives determined New York's findings against the dealers "do not rise to a level that would support a criminal prosecution," according to a U.S. Department of Justice letter sent to New York City Hall on Tuesday, the New York Daily News reported.

The agencies also warned New York Mayor Michael Bloomberg's administration that it could face legal liabilities if it continues to conduct sting operations that fall within the jurisdiction of federal agents.

Larry Mickalis, owner of Mickalis Pawn Shop on Main Street in Summerville, said Thursday that the determination exonerates him. He filed a counter lawsuit in fall against Bloomberg for slander, fraud and emotional distress.

"The truth is coming out now. There has been no illegal involvement," he said. "I've always obeyed the law, and I didn't particularly like someone from New York who doesn't know me and is not law enforcement accusing me of things that they have no proof of and I have not done."

The lawsuit New York filed in federal court in May claims 15 gun sellers in South Carolina, Georgia, Virginia, Pennsylvania and Ohio negligently sold guns to people who legally shouldn't have them. It contends that at least 49 weapons from Mickalis' Main Street pawnshop turned up in the Big Apple and were used in crimes. Also named in the suit is Woody's Pawn and Jewelry in Orangeburg.

Mickalis said that although the guns might have been purchased at his shop, they could have been sold to other buyers before they reached New York.

New York hired private investigators with hidden cameras to test gun dealers on illegal sales and claimed all 15

dealers named in the suit sold to undercover buyers.

Mickalis said all of the gun sales he has made have been legal sales with background checks and appropriate documentation.

The Justice Department letter was sent to New York by Michael Battle, director of the executive office for United States Attorneys, the Daily News reported.

Battle's office could not be reached for comment Thursday night.

A second round of lawsuits targeted 12 more gun dealers in the five states. Included among them was Trader World in North Charleston.

New York's stings usually involved a male and female entering gun stores and attempting to act out "straw purchases" in which one person fills out the paperwork for a gun but is making the purchase for someone else.

The method is often used by those who cannot legally own firearms, such as convicted felons, authorities contend.

Under the tactic, while the man showed interest in guns, the woman would wander away but would return when it came time to fill out the necessary purchase paperwork, according to the suit's scenario.

 

Reach Nadine Parks at 937-5573 or nparks@postandcourier.com.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: banglist; batf; bloomberg; dealers; guns; newyork
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To: libstripper
"If Rudy wants the Pubbie nomination, he's going to have to make an effective peace with those of us who support the Second Amendment."

Its far to late for that. His record is to bad and over a very long period of time.
21 posted on 02/09/2007 2:04:35 PM PST by Beagle8U (Fred Thompson......Your party needs you !)
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To: Neil E. Wright

Everyone of Bloombergs toadies that commited a "straw purchase" should be locked up, and he should be charged under RICO.


22 posted on 02/09/2007 2:05:51 PM PST by MD_Willington_1976
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To: Neil E. Wright

Good news my butt! They should prosecute the identity thieves who did the straw purchasing.


23 posted on 02/09/2007 2:07:27 PM PST by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Neil E. Wright

Good. Freedom lives.


24 posted on 02/09/2007 2:50:00 PM PST by LibKill (ENOUGH! Take the warning labels off everything and let Saint Darwin do his job.)
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To: Neil E. Wright

bttt for later read


25 posted on 02/09/2007 3:01:30 PM PST by TigersEye (Ego chatters endlessly on. Mind speaks in great silence.)
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To: Neil E. Wright
...I didn't particularly like someone from New York who doesn't know me and is not law enforcement accusing me of things...

I think Bloomberg believes he is a LEO/NYC's top cop - and this makes him particularly dangerous to the 2nd Amendment. He has a whole staff of prosecutors and lawyers at the ready to file bogus charges whenever he sees fit. I'd like to see him charged for violating the civil rights of these law-abiding citizens who are only engaged in lawful commerce.

26 posted on 02/09/2007 3:19:27 PM PST by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: EagleUSA; Neil E. Wright
This was very good news -- the Second Amendement survives another liberal attack.

Sort of. Where are the penalties for the anti-gunners breaking purchase laws during the sting? What about liability for entrapment? The injured dealers can't very well pursue remedies for that in NYC courts, now can they? Nevertheless, this is still better news than we almost ever get from a government agency.

27 posted on 02/09/2007 3:53:49 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: TC Rider

If you've bought before, and are already in the system, would it not have been better for you to make the official purchase, rather than give them the name previously unknown to them of yet another honest citizen?


28 posted on 02/09/2007 3:57:23 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Still Thinking

The injured dealers can't very well pursue remedies for that in NYC courts, now can they?
----
This is big news -- I would go to the NRA for help in pursuing damages to discourage the socialists from trying this crap again. I would assemble a very large class action suit. And make it hurt.


29 posted on 02/09/2007 4:07:07 PM PST by EagleUSA
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To: Neil E. Wright

Well, looks like Larry Mickalis, owner of Mickalis Pawn Shop, dodged a bullet. I hope his suits work out for him.

I also hope Bloomberg has to run for cover on this one. We need to keep him in our sights. Wish the BATFxyz would draw a bead on him. Etc, etc, etc.


30 posted on 02/09/2007 4:15:14 PM PST by rbookward (When 900 years old you are, type as well you will not!)
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To: EagleUSA
would assemble a very large class action suit. And make it hurt.

I fully agree. Didn't at least one store go out of business because of this illegal sting operation and the cash NYC demanded for settlement?

Sue hizhonor the dolt, sue the city, sue the people individually, sue their supervisors and the departments they worked for. National coverage, national humiliation, big time damages.

31 posted on 02/09/2007 4:20:10 PM PST by kAcknor (Don't flatter yourself.... It is a gun in my pocket.)
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To: Still Thinking
If you've bought before, and are already in the system, would it not have been better for you to make the official purchase, rather than give them the name previously unknown to them of yet another honest citizen?

Possibly, but then I would have been making a straw purchase for her and I have no desire to get a felony record!

Besides, my sweet Anne, being a former subject of the Commonwealth of Massachusets was determined to buy her first handgun herself. In a few weeks she'll be taking her class for a CCW, getting her name firmly embedded into the system anyway.

32 posted on 02/09/2007 4:24:15 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: basil
It will be interesting to see how this all shakes out.

How it should shake out?

Bloomberg should be in jail along with every one of these agents for conspiracy to violate federal firearms laws. They may be cops, but cops commiting criminal actions outside their jurisdiction are committing crimes at the order of their government. If I was governor in one of these states there would be bounties and warrants for Bloomberg and his agents.

33 posted on 02/09/2007 4:25:33 PM PST by Centurion2000 (If you're not being shot at, it's not a high stress job.)
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To: TC Rider

In your scenario at least the interest is in a gun to fit the woman and also the woman is actively checking them out, etc with the friend's advice. That would not raise any alarm. The Bloomberg gambit is to have the man have all the interest and check out guns to fit himself, then have the woman come over and fill out the forms. Clearly in that case the gun was for the man.


34 posted on 02/09/2007 4:36:00 PM PST by Sender ("Great powers should never get involved in the politics of small tribes.")
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To: Centurion2000

A great idea, but have you got a gov'ner in mind who's actually got the stones to do it...


35 posted on 02/09/2007 4:40:09 PM PST by Amalie (FREEDOM had NEVER been another word for nothing left to lose...)
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To: Neil E. Wright; Joe Brower
The agencies also warned New York Mayor Michael Bloomberg's administration that it could face legal liabilities if it continues to conduct sting operations that fall within the jurisdiction of federal agents.

GOOD!
Sue the B@stards!

36 posted on 02/09/2007 4:51:30 PM PST by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Centurion2000

From your lips to God's ear!


37 posted on 02/09/2007 4:52:41 PM PST by basil (Exercise your Second Amendment rights--buy another gun today.)
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To: basil

Ruddy is deeply sadden.


38 posted on 02/09/2007 5:01:10 PM PST by TYVets (God so loved the world he didn't send a committee)
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To: TC Rider

Who says? You can't buy a gun as a gift for someone not legally prohibited from buying themselves? If BATF ever looked into this purchase, and why would they, it could easily be shown to be a gift and not a straw purchase.


39 posted on 02/09/2007 5:03:41 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: TC Rider

Oh, and I didn't miss the other reasons, which in her case certainly render the point moot. I was just saying I don't think doing the purchase that way would have qualified as a straw purchase.


40 posted on 02/09/2007 5:07:43 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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