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.
Agreed in principal. Though in NC, I could not give her a handgun without her having the handgun purchase permit from the sheriff. (as an alternative, in NC if you have a CCW you are exempt from the permit process)
Additionally, being right in principle will not protect you from a zealous agent/prosecutor, ie Mike Nifong (who is in the next county). Being acquitted after spending a fortune in lawyer fees is a bittersweet victory.
very good news!! Thank you Neil!
Each state and the BATF should prosecute the PI's for making straw purchases.
Dealers should go after both the PI's and Bloomie.
I'm not sure, but willing to bet that it was historically intended to keep handguns out of the hands of 'coloreds'.
In years gone by it didn't seem to be strictly enforced on trades, etc. Now they have undercover cops at the gun shows watching for transfers in the parking lot as people wait to buy tickets to get in.
I do know that NC's CCW law was deeply influenced by the Michael Seagrove case in Durham. Where a homeowner backshot some kids running from his home, after they had broken into his garage.
On the up side, both the purchase permit, which can be bought in quantities of 5, and good for 5 years, and the CCW permit are 'shall issue'. It's a great convenience to be able to use the CCW card in lieu of the permit.
The purchase permit takes about a week to process, the CCW up to 90 days after taking the class, etc.
A long gun can be bought using the instant check system.
An obvious yet unprovable issue - as contrasted with the woman actually checking off the "I'm not buying this for someone else" box on the form, but not having it shortly thereafter. It's the latter who would be in far greater legal danger.
No doubt. I should have thought of that.
Michael Bloomberg and his band of thugs need to be prosecuted to the full extent of the law!
I don't support the locals messin' with federal law. Never have.
TC, as I understand the law it is only a violation of the law if you knowingly purchase a gun for someone who is not
legally entitled to own one due to a felony conviction or arrest and conviction for domestic violence.
Most likely. After the civil war many of the southern states added clauses to the RKBA provision of their state constitutions to allow regulation (which often, as in Texas, meant banning) concealed carry. Here is the provision from the NC constitution.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed, and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military should be kept under strict subordination to and governed by the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice. Article 1, Section 30.
BUMP!
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