More on former ATFE chief
Forbes has the story.
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Justice IG rules on former ATFE money waste
The Justice Inspector General has issued the report (pdf) on fiscal misconduct by former ATFE director Carl Truscott.
It's a long document, but juicy. They find that he spent massive sums of money to line his office with wood paneling and to improve the HQ gym, at a time when the agency was so short of cash that agents were using outdated bullet-resistant vests. A team was assigned to pick just the right wood and design. He wanted built-in bookcases, custom milling, and even wanted his pantry wood paneled, and a wood floor to match that of a vice presidential office. The millwork alone would have cost a quarter million, and his floor $62,000. He planned another $100,000 for gym improvements.
And that he hired on agents knowing he would have no budget to pay them.
When they renovated the firearms licensing center, he directed that it have a gym, too.
When his nephew wanted to do a high school video on the ATFE, he directed that various offices assist with research, and provide tours, and he himself delivered the nephew's freedom of info act requests to the office handling that (hint, hint). Substantial agency time was spent ensuring that the nephew got a good grade.
He also created an agency Executive Protection Branch, so that he could have bodyguards. For a time they even stayed with him when he worked out in the gym, until he realized there were several of them working out at the same time as he did, anyway. They escorted him on trips, including his commute to HQ. The new office had a chief and four bodyguard agents, plus three assigned autos. The bodyguards served as his drivers during his trips to the office and back, He went out of his way to keep them inconspicuous when he visited the Hill. They drafted a formal protocol for his visits to field offices. When he did so, an advance agent went to the location a day ahead of him to make sure everything was proper for his reception. Two more agents went with him to the airport. One handled the car and the other went inside to get his boarding pass and make sure he got special treatment in boarding the plane, since he hated waiting. A bodyguard said escorting him thru crowds was like the parting of the seas, and people asked who this important official might be. Sometimes on arrival 3-4 cars escorted him, because they were needed to "secure lanes" for his car (apparently they used emergency lights to ensure he got thru traffic quickly). He was also assigned a medic on trips as an escort, just in case he had a medical problem. The medic carried a defib unit, several decontamination suits, etc.
When he went overseas, a squad of 3-4 accompanied him, and stayed at $300-400 a night hotels.
When he had lunch with friends, two female agents were instructed to function as waitresses. At the 2005 International Assn of Chiefs of Police meeting, he had two agency photographers assigned to tail him constantly and take photos.
He hired cronies, and kicked up their job evaluations over what their supervisors had given them.
Conclusion is that since he has resigned, there is nothing to be done.
Note the resignation -- that of course means IG was free to go to town on him. However much might be done by his successors, well, we may never know. But this guy apparently wanted to live like a king, or at least a duke, to have an office and an escort worthy of a president or VP, etc. Your tax dollars at work.
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Email of ATFE employee's complaint
I've rec'd an email of a complaint made to Justice Inspector General regarding ATFE headquarters conduct and waste of tax money, and attach it below. I've previously noted that the agency's previous director resigned in the wake of similar fiscal scandals, after spending $300,000 to pretty up his office suite at the same time the agency budget didn't have enough for bullet-resistant vests.
SEPTEMBER 22, 2006
OFFICE OF THE INSPECTOR GENERAL
U.S. DEPARTMENT OF JUSTICE
950 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20530
DEAR INSPECTOR GENERAL,
EMPLOYEES AT THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
HAVE LONG BEEN DISTURBED WITH THE ACTIONS OF SOME OF OUR EXECUTIVES.
THE TIME HAS COME TO SHARE THESE CONCERNS WITH YOU FOR FURTHER
INVESTIGATION. FOR THE GOOD OF OUR BUREAU, WE IMPLORE YOU TO SEEK
ANSWERS TO THE FOLLOWING QUESTIONS SURROUNDING WASTE, MISMANAGEMENT,
AND ABUSE OF POWER BY TOP GOVERNMENT OFFICIALS:
>ARE ASSISTANT DIRECTOR BOUCHARD AND ASSISTANT DIRECTOR CHASE
VIOLATING DEPARTMENT OF JUSTICE RULES BY USING GOVERNMENT-OWNED
VEHICLES TO COMMUTE FROM HOME TO WORK IN DEFIANCE OF A POLICY THAT
PROHIBITS THE USE OF TAXPAYER FUNDED VEHICLES FOR SUCH PERSONAL USE?
>IS IT A GROSS WASTE OF TAXPAYER MONEY FOR THESE ASSISTANT DIRECTORS
TO DRIVE LUXURIOUS NEW GOVERNMENT VEHICLES FOR PERSONAL USE WHILE
AGENTS DRIVE MUCH OLDER AND HIGH MILEAGE CARS TO GET THE JOB DONE?
>IS IT AN EXTRAVAGANT EXPENDITURE OF TAXPAYER MONEY FOR ASSISTANT
DIRECTOR BOUCHARD TO ARRANGE WEEK-LONG CONFERENCES FOR OVER 30 OF HIS
EMPLOYEES AT PLACES SUCH AS LAS VEGAS HARD ROCK CASINO AND SEA ISLAND
GOLF AND TENNIS RESORT WHILE FIELD AGENTS LACK ESSENTIAL EQUIPMENT? DID
THESE CONFERENCES COST TAXPAYERS $30,000? $50,000?
>IS IT AN EXTRAVAGANT EXPENDITURE OF TAXPAYER MONEY FOR ASSISTANT
DIRECTOR RADEN TO ARRANGE A TRIP OF ALMOST TWO WEEKS FOR NEARLY A DOZEN
OF HIS EMPLOYEES TO ATTEND A CONFERENCE IN GERMANY THAT DID NOT DEMAND
SUCH EXTENSIVE GOVERNMENT RESOURCES? DID THIS TRIP COST TAXPAYERS
$20,000? $40,000?
>IS IT A MISUSE OF AUTHORITY AND RESOURCES FOR DEPUTY DIRECTOR
DOMENECH TO WASTE TAXPAYER MONEY BY ORDERING THE DIRECTORS SECURITY
PERSONNEL TO PROVIDE HIM CHAUFFERED LIMOUSINE SERVICE FROM WORK TO
HOME, ALTHOUGH SECURITY APPARENTLY WAS NOT NEEDED FROM HOME TO WORK, AS
ACTING DIRECTOR?
>HAS ASSISTANT DIRECTOR CHASE WASTED TAXPAYER MONEY BY TRAVELING,
WITH HIS SPOUSE, ALL THE WAY ACROSS COUNTRY TO LOS ANGELES FOR A ATF
RETIREMENT SEMINAR THAT IS OFFERED WITHIN HIS DUTY STATION OF
WASHINGTON, D.C.?
>IS DEPUTY DIRECTOR DOMENECH VIOLATING ANTI-NEPOTISM LAWS FOR PUBLIC
OFFICIALS (5 USC 3110) BY ARRANGING FOR HIS WIFE TO BE PROMOTED FROM A
SECRETARIAL POSITION TO A SENIOR PROGRAM ANALYST? BY ARRANGING FOR HIS
SISTER IN LAW TO BE PROMOTED FROM A FIELD AGENT IN NEW YORK TO THE
AGENT IN CHARGE OF THE PORTLAND, OREGON OFFICE AND HAVING TAXPAYERS PAY
THE EXPENSES FOR THIS MOVE BACK HOME? BY ARRANGING FOR HIS NIECE TO BE
HIRED AS AN INSPECTOR IN FLORIDA, THEN NORTH CAROLINA?
>DOES DEPUTY DIRECTOR DOMENECH VIOLATE MERIT SYSTEM PRINCIPLES BY
REGULARLY PRACTICING FAVORITISM IN MAKING PERSONNEL SELECTIONS BASED ON
FRIENDSHIP AND FACTORS OTHER THAN MERIT? DOES HE CREATE AN
INTIMIDATING, HOSTILE WORK ENVIRONMENT BY RETALIATING AGAINST THOSE HE
PERSONALLY DISLIKES THROUGH UNDESIRABLE, FORCED REASSIGNMENTS AND
TRANSFERS?
>IS IT A CONFLICT OF INTEREST FOR ASSISTANT DIRECTOR RADEN TO
SPEND A SUBSTANTIAL AMOUNT OF TIME IN FLORIDA AND CANADA BEING
ENTERTAINED BY A TECHNOLOGY VENDOR WHILE APPROVING TENS OF MILLIONS OF
DOLLARS WORTH OF GOVERNMENT CONTRACTS WITH THEM?
>IS IT AN ABUSE OF AUTHORITY AND WASTE OF TAXPAYER MONEY FOR
ASSISTANT DIRECTOR BOUCHARD TO ARRANGE WITH OTHER ASSISTANT DIRECTORS A
CHANGE IN POLICY THAT ALLOWED HIS SON TO BE HIRED AS A PAID SUMMER
INTERN ON GOVERNMENT SALARY WHILE OTHER ATF PROFESSIONAL POSITIONS GO
UNFILLED DUE TO BUDGET CONSTRAINTS?
>IS IT AN EXTRAVAGANT EXPENDITURE FOR ASSISTANT DIRECTOR CHASE TO
USE TAXPAYER MONEY TO PURCHASE A WORLD GLOBE FOR SEVERAL HUNDRED
DOLLARS WITH GOVERNMENT RESOURCES SIMPLY TO DECORATE HIS OFFICE? WAS
THIS GLOBE USED TO PINPOINT WHERE HE WOULD TAKE NEEDLESS TRIPS TO
CONFERENCES AND MEETINGS AROUND THE WORLD TO PLACES LIKE FRANCE,
HUNGARY, AND OTHER INTERNATIONAL LOCATIONS?
>IS IT UNETHICAL CONDUCT FOR ASSISTANT DIRECTOR RADEN TO REPRESENT
ATF AT FUNCTIONS AND EVENTS WHILE UNDER THE INFLUENCE OF ALCOHOL?
THESE ARE BUT A SAMPLE OF KEY EXECUTIVES ABUSING THEIR POSITIONS AND
TAXPAYER MONEY THAT WE HAVE WITNESSED OVER THE LAST 3 YEARS. AS YOU
INVESTIGATE THESE EXAMPLES, YOU WILL FIND MANY MORE LIKE THEM. FOR THE
GOOD OF OUR BUREAU AND ITS FUTURE, PLEASE STOP THIS IMPROPER BEHAVIOR
AND MISMANAGEMENT BEFORE IT FURTHER ERODES MORALE HERE AND THREATENS
THE FUTURE OF ATF.
RESPECTFULLY SUBMITTED,
ATFers United against Mismanagement and Misconduct (ATFUMM)
Get your email and more, right on the new Yahoo.com
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Ooops!
BATFE's headquarters' website has this pdf file explaining gun laws for the public.
On pages 73 and 75 (of the pdf) it shows shotguns with barrels shortened to "less than 16 inches", and states that "Since this weapon exhibits a barrel shorter than 16 inches, it is subject to the NFA regulations governing minimum dimensions..."
Uh-- the NFA limits for shotguns are 18 inches, not 16. The 16 inch limit only applies to rifles (because after WWII the government found to its embarassment that it had sold loads of M-1 carbines, as surplus, with 16 1/4 barrels). Shotguns with barrels under 18" have been subject to NFA registration since the statute was enacted in 1934.
Considering that possession of an unregistered shotgun with a barrel under the limit is a federal felony, with a prison sentence of up to ten years, you'd expect headquarters would be a little more accurate in its description of the law to the public....
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Feinstein puts "hold" on BATFE reform bill
Story here.
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IG report on ATFE violent crime initiative
A few years ago, BATFE got $20 million for a violent crime initiative, and thereafter announced its success. Justice Dept's Inspector General thinks otherwise. (pdf file).
A quick read suggests (1) it was a pretty good plan -- zero in on small violent crime hotspots, and focus on the worst perps in them; (2) headquarters, however, designated the targets with little input from the field agents, who might actually know the local conditions; (3) followthru on the plan details was lacking (sounds as if focusing on the worst of the worst wasn't yielding many arrests, so the offices gradually expanded it to include bad guys in general, not a bad thing but not in accord with the plan) and (3) the success consisted of showing declines in gun homicides city-wide, not just in the targetted areas, and in cases where it was limited to the targetted areas, the number was so small that large percentage variations could be expected (one target area had a 50% drop -- but we're talking about going from four homicides to two, which could be sheer chance).
I suspect it'd be impossible to show success or failure by the test being used (six months before and after, in a small area). If you did put the ten worst perps in jail for ten years, the benefits will be spread over ten years -- and only begin with their arrest, which won't happen the day the program starts.
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House Report on BATFE reform bill
The House Report on HR 5092 is online here. As is usual, the first part of the report just sets out the language as reported by committee, the explanations are later.
(The link comes via a website search engine. I tested it, but if it doesn't work, go here, click on "search committee reports" and enter HR 5092.
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ATFE reform bill passes the House
I have an unconfirmed report that HR 5092 passed the House by an overwhelming 277-131 vote.
UPDATE: consider it confirmed. Here's the Brady Center condemnation of the vote.
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New head of ATFE
Michael Sullivan, US Atty for Massachusetts, has been named acting head of BATFE.
I know nothing of him, but anyone interested in rising in MA politics is, for me, a source of worry in the firearms area. The appointment seems strange, tho. The job is now subject to Senate confirmation (I'd assume this is a recess appointment). He keeps his job as US Attorney while heading the agency. That's not improper (there have been folks who sat on the Supreme Court and were cabinet members at the same time, OK, that's a bit improper), but it is irregular -- how can a fellow do two fulltime jobs hundreds of miles apart? It's possible he very literally is meant to be acting director, just give another entry on his resume', and go back to being US Atty when they find the real nominee.
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More on ATF director resignation
The Minneapolis Star-Tribune is reporting on a few scandals that may have prompted the BATFE director to resign. As I noted earlier, the resignation was not at a time a bureaucrat would voluntarily choose (just before he got in his "high three" years of salary on which his pension is calculated).
"A report on ATF is expected soon from Justice Department Inspector General Glenn Fine, whose office has been investigating allegations that Truscott put through or proposed hundreds of thousands of dollars of unnecessary plan changes and upgrades to ATF's new 438,000-square-foot headquarters. The building, under construction in northeastern Washington, is at least $19 million over budget.
Sources familiar with the project told the Washington Post this year that Truscott planned to buy, among other things, nearly $300,000 in extras for the new director's suite, including a $65,000 conference table and more than $100,000 for hardwood floors, custom trim and other items. These sources described Truscott as overly focused on the building's luxurious details, from soap dishes to tile colors and said he wasted valuable time with innumerable project meetings and field trips to the site....
Justice investigators also questioned ATF employees about a costly trip that Truscott and others took to London last year and about allegations that ATF staff members helped assemble a school video report for a young relative of Truscott's, according to officials interviewed in the inquiry and who declined to be identified for fear of retaliation."
(Hat tip to Prof. Joe Olson).
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Head of ATF resigns
Carl Truscott, Director of BATFE, has resigned.
Funny time to do it... every bureaucrat knows your pension is based on your "high three," average of your three years' highest pay. He's been director for two and a half years. Sticking around a few more months might have made a pretty nice change to the pension.
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While we're talking about the 4473
I found an OMB report from 1997 that reported they'd found ATF was in violation of the Paperwork Reduction Act for a period of time, with its revised 4473:
Paperwork Reduction Act Violations Top of PageDepartment of Treasury/Bureau of Alcohol, Tobacco, and Firearms (ATF)
Title: Firearms Transaction Record, Part I, Over-the-Counter, and Firearms Transaction Record, Part II, Non-Over-the-Counter (ATF F 4473, Parts I and II (5300.9))
Violation: Unauthorized Collection
How Discovered by OMB: In February 1997, the public notified OMB that ATF had revised Form 4473, Part I, without OMB approval.
OMB Action: ATF's submission of the revised forms to OMB, requesting an extension without change. were designated by OMB as improperly submitted.
Agency Response: ATF resubmitted the forms to obtain OMB approval of the revisions. Treasury has assured OMB that ATF will reexamine its internal procedures to ensure future compliance with the PRA.
The PRA requires an agency, before it issues a form asking info from the public, to get approval from OMB and to publish that at the bottom of the form. Every so many years, OMB reviews the forms to see if there is any way the time spent filling them out could be shortened.
Back in the Reagan years I urged NRA and GOA to raise the question when the 4473 came up, and a long list of suggested deletions went to OMB. They did nothing back then (the guy in charge kept saying his wife had been robbed with a gun, as a hint that they were spinning their wheels with him), but there's surely someone else in there today. I just haven't found when the form comes up for renewal, yet.
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ATFE: Making the World Safe from Ninjas
The headline says it all: "ATFE Rids University of Ninja Threat".
A Univ. of GA student was attending a pirates vs. ninjas event (I assume a fundraiser), wearing black clothes and with a bandanna over his face. Some ATFE agents, on campus for another event, decided he was suspicion, told him to freeze, and when he ran, tackled him, handcuffed him, and held him for university police ... who of course released him.
Click on the pictures to zoom in. Note how the one agent has the handcuffed student on the ground, with one of the agent's knees on his neck, and what looks like his full body weight on the kid's neck, twisting his head over. I guess they figured that when ninjas are concerned, there is no such thing as excessive force.
Continue reading "ATFE: Making the World Safe from Ninjas"
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ATFE abuse hearings
CNN news has the story.
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ATFE hearing tommorrow
House Judiciary, Subcomm. on Crime, Terrorism & Homeland Security, has announced a hearing tommorrow regarding ATFE. The hearing is set for 2 PM on March 28. No witness list on the webpage, and the subject is "Oversight Hearing on The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE): Reforming Licensing and Enforcement Authorities".
Sounds like it'll be a short one, because at 3 PM they start hearings on the H.R. 5005, the "Firearms Correction and Improvement Act".
Here's the text of HR 5005. It's pretty pro-gun.
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ATFE case in Eastern Tennessee
Says Uncle has a report on a developing ATFE case in Eastern TN. Not much detail yet, but it sounds as if the argument may, repeat may, be that possession of semiauto parts plus a milling machine equals possession of full auto. (Via Instapundit, which adds another link.
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Report on Richmond gun show hearings
The Richmond Times-Dispatch has an article on the Feb. 28 hearings, when ATFE answered the criticisms.
Here's another article.
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Move to make ATFE director subject to Senate confirmation
Congressional Quarterly is reporting that the reauthorization of anti-terrorism laws (conference report on HR 3199) will make the appointment of the director of ATFE subject to Senate confirmaton.
Continue reading "Move to make ATFE director subject to Senate confirmation"
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News report on BATFE hearings
CNS News has the story on the first day's hearings here.
None of the MSM have picked it up -- only coverage was in a local paper, and that was very sketchy.
{Hat tip to Mike Baker on the story...]
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Hearings on Richmond gun show affair
I'm told you can get webcast video of it here, although I'm not able to play it on my own browser.
BTW, anyone who's had trouble with the agency should email JOuimet@nrahq.org.
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Senate hearings on Richmond Gun Show
NRA reports that 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.
The hearing is set for next Wednesday, February 15, at 4:00 p.m EST.
The report states you can watch the hearings online here.
[Hat tip to Kit.]
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ATFE head in fiscal hot water
According to the WashPo, ATFE's director Carl J. Truscott is in a bit of hot water with Justice leadership. The agency is $19 million over budget, planning to cut spending for bullet-resistant vests and other items ... and it turns out the director was planning to spend over $300,000 to pretty up his headquarters suite. Not to mention was spending about a million a year for bodyguards.
Continue reading "ATFE head in fiscal hot water"
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ATFE activities in Virginia
Virginia Citizens Defense League has an interesting report on ATFE gunshow activities in their area. (On their page, click on VA-Alert Archive to get to it). If correct, this would raise major problems as to violation of the Privacy Act, 5 USC 552a (remedies for which include a minimum damage award plus attorneys' fees), not to mention the restrictions on use of data from background checks:
"The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), who
seem to go out of their way to alienate gun owners with their
heavy-handedness, behaved in a shameful manner this last weekend at
the Showmasters' gun show in Richmond.
I had reports from members of police going to their houses while the
member was waiting for their approval to purchase a gun at the show!
The police asked the spouse and other family members questions about
the purchases and filled in a survey! "Did you know your husband was
going to a gun show today?" "Did you know your husband was going to
buy a gun today?" and many other such questions.
If no one was home at the gun purchaser's house, the police went to
the neighbors! "Did you know that your neighbor was buying a gun
today? How do you feel about him doing so?"
One member, who was carrying a personal gun to sell, was approached
by BATFE and taken to a car while they checked him out. The officer
said in front of Showmasters' management, "Did you know you need a
business license to sell a gun at this show? I have seen you at a
lot of shows - are you in the business of selling guns? I think you
are." That's called a fishing expedition and intimidation. In the
end they let the VCDL member go because their fish hooks came up
empty.
They had over 17 BATFE agents at that show. Richmond and Henrico had
a large number of officers running to the homes of anyone purchasing
a handgun to ask questions.
I guess Mayor Wilder is flush with cash all of a sudden. Too bad he
didn't use that money to put all those cops into the rougher
neighborhoods of Richmond, instead of harassing the decent citizens
who buy guns at a gun show.
And, if you are sitting down, the main BATFE agent at the show told
Showmasters' management that Richmond was going to be the model for
this kind of behavior across the nation!!!
BUT, THERE IS GOOD NEWS.
Steve Elliott, who heads up C&E Gun Shows and is affiliated with
Showmasters, along with Annette Gelles, who heads up Showmasters,
went to Washington with some lawyers to get this straightened out on
Monday. (BTW, Steve told me that he has spent in excess of $10,000
this year on legal fees fighting this kind of abuse.)
Steve and Annette were told by the BATFE in DC that BATFE would no
longer be sending officers to people's houses who were purchasing a
firearm and that what happened in Richmond should not have happened.
We will be watching carefully to see if BATFE keeps its word or not.
Report any such abuse immediately to VCDL, along with the officer's
name, badge number, and department."
UPDATE, from the same source:
For those who question how BATFE/police could pull this off in a
timely fashion: At the gun shows in Richmond, the State Police setup
a NICS check room where ALL the dealers drop off their NICS forms.
Later, the dealers check back to see if the NICS check has been
completed and the forms ready. All BATFE has to do is to grab the
forms as they are dropped off by the dealers, call in the contact
info and have an officer dispatched to the house. That officer
reports results of survey back to dispatcher, who in turn gives it to
BATFE. The form is then approved and released to the dealer the next
time he checks back. It is not unusual to have to wait an hour for
approval, so the average gun owner wouldn't really be alerted to
anything until he got home.
Where the disbelief seems to be coming from is that in many states,
the dealer calls in the NICS check from the show floor. Thus BATFE
would have to be in the booth with the dealer to get the NICS info
and make the dealer hold the form until the survey results were
returned. This would have also alerted dealers as to what was going
on. But that isn't how it's done at Richmond gun shows.
Continue reading "ATFE activities in Virginia"
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Request for info on ATF seizure/destruction of full autos
Eric Larson is helping to collect some legislative info supporting H.R. 2088, the "Veterans' Heritage Firearms Act of 2005." He would be interested in any reports (particularly those with hard copy documentation) of ATF seizure and destruction of rare or historical full autos.
His mailing address is
Eric M. Larson
P.O. Box 5497
Takoma Park, Maryland 20913
and his email is
larsone - at- starpower.net
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How often do you see a Federal agent admitting perjury on videotape?
A while back, word leaked out of an ATFE training video in which the head of their National Firearms Act Branch (in charge of maintaining registrations of full auto firearms, etc.) had said the the registries had a high error rate, but not to worry, his Branch would always testify that they were 100% correct.
ATFE went to extraordinary lengths to keep the video secret. FOIA requests were denied, and when it came up in Brady motions it moved to seal the record. It apparently forgot to seal the record in one case, and the video got out. Here's a compressed MPEG-4 highlight tape (2.2 megs)
[UPDATE: On the linked page, the video is embedded. You have to wait for it to download (about a minute on hi-speed, or many minutes on dialup) and it should start on its own.]
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6th Cir. ruling against ATFE on search warrant
From Saeid Shafizadeh comes this interesting 6th Circuit ruling. (warning--large pdf file). It's an appeal from a ruling in a Bivens-type civil suit for damages. Gist of it:
1. ATFE's search warrant was invalid. The 4th Amendment requires that a warrant specify the place to be searched and the items to be seized. With regard place, this one specified an entire building, although the items were known to be confined to a special Customs vault in the basement. With regard items to be seized, the warrant said only "see affidavit," and the affidavit was not attached and had been sealed by the court.
2.The agents are not entitled to qualified immunity against suit. That immunity applies when a reasonable law enforcement officer would not have known that what he was doing was unconstitutional. Here, the requirements of specificity are on the face of the 4th Amendment, which has been on the books for a couple of centuries.
Congrats to attorney Richard Gardiner on the win.
Continue reading "6th Cir. ruling against ATFE on search warrant"