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.
Everyone of Bloombergs toadies that commited a "straw purchase" should be locked up, and he should be charged under RICO.
Good news my butt! They should prosecute the identity thieves who did the straw purchasing.
Good. Freedom lives.
bttt for later read
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.
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.
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?
The injured dealers can't very well pursue remedies for that in NYC courts, now can they?
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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.
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.
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.
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.
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.
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.
A great idea, but have you got a gov'ner in mind who's actually got the stones to do it...
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!
From your lips to God's ear!
Ruddy is deeply sadden.
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.
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.
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