Uncategorized

Government As Gun Dealer? (Updated)

July 12, 2011 by 2 Comments

Believe it or not but this is NOT a story about Operation Fast and Furious, Operation Castaway, or any of the other Project Gunwalker variants.

It is, however, about a proposal before the District of Columbia City Council that would make the D.C. government a Federal Firearms Licensee. Currently there are no operating FFLs in the District of Columbia since Charles Sykes lost his lease. As the Washington Post reports:

While Sykes’s business in on hiatus, D.C. residents have been prevented de facto from buying guns, which has opened the city to lawsuits. In late May, Virginia lawyer Alan Gura sued the city in Alexandria’s federal court on behalf of three District residents who have purchased guns legally but are unable to transfer them into the city.

The lawsuit in question is Lane et al v. Holder et al and is being tried in U.S. District Court for the District of Columbia by Alan Gura. The suit goes to the heart of the Gun Control Act of 1968 which forbade interstate transfers of handguns except for FFL to FFL transfers. More on that suit can be found here.

Council Member At-Large Phil Mendelson (D) has proposed three emergency bills that would make the District a FFL. From his notice for the July 12th Council meeting that was sent to all members of the City Council:

  • Firearms Amendment Emergency Declaration Resolution Act of 2011
  • Firearms Amendment Emergency Amendment Act of 2011
  • Firearms Amendment Temporary Amendment Act of 2011


The above measures would permit the District to operate as a Federal Firearms licensee (FFL) for the purpose of individuals’ interstate purchase and transfer of handguns when there is no active FFL operating in the District. The sole FFL that had been operating in the District is not currently operating, meaning that a District resident who wishes to purchase a handgun cannot bring it into the District since an FFL is required to physically receive the firearm and then provide it to the licensed owner. This emergency act will permit the District to operate as the FFL in the limited circumstance where there is not otherwise an FFL in operation in the District, thereby allowing District residents who wish to purchase firearms to do so legally.

Mr. Mendelson has said that gun control opponents are “waiting to pounce” on the District over the lack of a FFL. Actually, as I noted above, they have already pounced and have a very solid case. As to Mr. Sykes and his efforts to find a new location, he has said he has proposed a number of locations to the District but they have all been rejected.

This might be the time for a pro-gun Congressman to introduce a bill forbidding the District from becoming a FFL. I would hate to imagine the fees they would charge for a transfer plus the hoops they would make you jump just to pick up your paid-for firearm.

UPDATE: It looks like the DC City Council will be rejecting this bill.

Mayor Vincent C. Gray (D) and council members expressed a variety of concerns about Mendelson’s proposal.

In a letter delivered to council members Tuesday morning, Gray said the proposal would impose an “unnecessary burden on the government, would potentially subject the District government to liability and also undermines the District’s strong public stance in support of gun control.”

D.C. Council Chairman Kwame R. Brown (D) and Council member Jack Evans (D-Ward 2) said they worried the District would be liable for gun deaths if the legislation was approved.

The proponent of this bill, Councilman Phil Mendelson (D-At Large), seems to be the only one who realizes what a tight spot the District of Columbia finds itself with no operating gun shop to act as a transfer agent. You have attorney Alan Gura and his suit, Lane v. Holder, on one side and a pro-gun Congress on the other. Frankly, I’m glad they punted on this proposal as it makes it more likely that Lane v. Holder will succeed in its thrust at the heart of the Gun Control Act of 1968.

Uncategorized

Issa And Grassley Name Names

July 12, 2011 by 2 Comments

In what Mike Vanderboegh calls the Dirty Dozen (loved that movie!), Rep. Darrell Issa and Sen. Chuck Grassley have sent another letter to Attorney General Eric Holder requesting documents in reference to 12 people they say at the Justice Department who knew about about Operation Fast and Furious (aka Project Gunwalker) and its implementation.

This was the second letter that Issa and Grassley sent to Eric Holder yesterday. As Matthew Boyle reports in the Daily Caller, their first letter ripped into Holder over skewing potential witnesses (aka witness tampering) by allowing access to sensitive background information.

July 11, 2011

The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avennue, NW
Washington DC 20530

Dear Attorney General Holder:

As our investigation in Operation Fast and Furious has progressed, we have learned that senior officials at the Department of Justice (DOJ), including Senate-confirmed political appointees, were unquestionably aware of the implementation of this reckless program. Therefore it is necessary to review communications between and among these senior officials. As such, please provide all records relating to communications between and among the following individuals regarding Operation Fast and Furious:

1. David Ogden, Former Deputy Attorney General;

2. Gary Grindler, Officer of the Attorney General and former Acting Deputy Attorney General;

3. James Cole, Deputy Attorney General;

4. Lanny Breuer, Assistant Attorney General;

5. Kenneth Blanco, Deputy Assistant Attorney General;

6. Jason Weinstein, Deputy Assistant Attorney General;

7. John Keeney, Deputy Assistant Attorney General;

8. Matt Axelrod, Associate Deputy Attorney General;

9. Ed Siskel, Former Associate Deputy Attorney General;

10. Brad Smith, Office of the Deputy Attorney General;

11. Kevin Carwhile, Section Chief, Capitol Case Unit; and

12. Joseph Cooley, Criminal Fraud Section.

These records should include e-mails, memoranda, briefing papers, and handwritten notes. Additionally, any records related to communications referring to a large firearms trafficking case within the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or in Phoenix should be included in any production.

Please provide this information no later than July 18, 2011, at noon. If you have any questions regarding this request, please contact Tristan Leavitt in Ranking Member Grassley’s office at (202) 224-5225 or Henry Kerner of Chairman Issa’s Committee staff at (202) 225-5074. I look forward to receiving your response.

Sincerely,

Darrell Issa, Chairman, House Committee on Oversight and Government Reform

Charles Grassley, Ranking Member, Senate Committee on the Judiciary

cc: The Honorable Elijah E. Cummings, Ranking Member, House Committee on Oversight and Government Reform

The Honorable Patrick J. Leahy, Chairman, U.S. Senate Committee on the Judiciary

UPDATE: Bob Owens at Confederate Yankee is reporting that the no. 5 guy on the list, Deputy Assistant Attorney General Kenneth Blanco is being set up to be the probable “fall guy” for Operation Fast and Furious.

The primary reason, as it always is with anything involving Holder and Obama, is politics. Blanco is not the politico that his superiors are, which is strike one. they look out after theri own, and while Blanco is career, he isn’t apparently an Obamite. He is apparently a decent human being and competent DAAG, according to the source. That’s two strikes against him in an organization as corrupt and politicized as the highest levels of Justice.

Blanco’s third strike happens to be the fact that he was the signing authority that authorized the wiretaps for Fast and Furious.

Let’s hope that like another (formerly) designated fall guy named Kenneth, Mr. Blanco goes to see Chairman Issa with his own attorney.

Uncategorized

Chris Cox Versus Dennis Hennigan On CNN

July 12, 2011 by 1 Comment

Dennis Henigan, Acting President of the Brady Campaign, and Chris Cox, head of the NRA-ILA, appeared on CNN’s American Morning to discuss and debate the new reporting requirements issued yesterday by the Department of Justice. Kiran Chetry, host of the show, pushed Hennigan on why another law was needed when straw purchases are already illegal. His answer would have you believe that the notification of multiple sales are made in real time and that ATF agents will be at the door to arrest the buyers as they exit the store.

Thirdpower has more on Hennigan’s lies and slanders at Days of our Trailers.

Uncategorized

In Other ATF News… (Updated)

July 12, 2011 by 3 Comments

Elite Ammunition of Harvard, IL received a visit from “an ATF SWAT Team” today and was served a search warrant. From the post this afternoon on AR15Armory.com by Jay Wolf, President of Elite Ammunition:

BATF Classifies .223, 6.5 Grendel and 6.8SPC as Pistol Round

BATF and EA Recent Finding.

EA has had to remove our Trident bullets in .223, 6.5 Grendel and 6.8 SPC. The BATF has ruled that all of these cartridges are now pistol cartridges. Since they are now pistol cartridges their construction now falls under the content and construction limitations of the 68 GAC and pistol cartridges.

Currently from other bullet makers like Barnes, solid .223 caliber bullets are still being manufactured and sold . We are working with our BATF IOI person to find out the following,

A) Is Barnes bullets and all other maker that constructs solid bullets in .223 going to have to stop.
B) If not then why do we have to stop since out basic shape and metallurgical content of our PFP bullets are the same as theirs?
C) Since they are now handgun caliber limited how does Magtech solid copper pistol bullets not fall under the 68 GAC as AP?
D) If Solid copper is not considered a violation of the 68 GAC in handgun bullets then it should also be not a violation of the 68 GAC to make EA’s PFP bullets from solid copper as Magtech does.

Those who have T6 ammunition and PFP bullets will be contacted by the BATF to recover any bullets or ammunition that have not been FIRED yet.

I apologize for this inconvenience and hopefully we can get this matter straightened out one way or another.

Jay Wolf
Pr. Elite Ammunition

The Trident bullets in question are made of turned homogenous copper zinc alloy. Pictures can be seen below. From what I can tell, they are very popular with hog hunters. They are described as ” Extremely accurate with friction reducing cuts allowing for higher velocity and lower pressure. These bullets provide great penetration of a solid, but with the cuts fragmentize after entering the target.”

 H/T SayUncle

UPDATE: Sebastian at Snowflakes in Hell has more on this including the Federal regulations in question. Depending upon the specific composition, copper zinc alloys can be considered brass and might be problematic if considered a handgun round.

UPDATE II: The owner of Elite Ammunition made a further post this morning about the raid and what was taken by ATF:

Yes we where raided. 15 grand in stock taken off our shelves, computers and anything else they wanted.

They had a ruling and it was created the day before. The search warrant was created late that afternoon of the same day and in the morning the 8 ATF folkes where coming through my door.

They let me look at it but not make copies and did not bring copies for me of the new interpretation.

Uncategorized

NSSF To Sue Over Multi-Rifle Reporting Requirement

July 12, 2011 by

The National Shooting Sports Foundation has announced that they plan to file suit challenging the legal authority of the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives under the Gun Control Act of 1968 to force FFL’s in the four Southwest border states to report multiple sales of certain semi-automatic rifles.

The National Shooting Sports Foundation (NSSF) – the trade association for America’s firearms industry – announced today that it will file a lawsuit challenging the legal authority of the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the Gun Control Act to compel 8,500 federally licensed firearms retailers in Arizona, California, New Mexico and Texas to report the sale of two or more semi-automatic rifles larger than .22 caliber and capable of accepting a detachable magazine that are purchased following an FBI background check by the same individual within five consecutive business days.

At the time Congress authorized the reporting of multiple sales of handguns it could have required it for the sale of long guns, but it did not. ATF is clearly exceeding its lawful authority under the Gun Control Act. Current ATF Acting Director Ken Melson himself has previously questioned ATF’s legal authority to impose this new requirement.

“While we encourage all retailers, not just those along the southwest border, to continue to cooperate with ATF and report any suspicious activity, this is the proverbial ’slippery slope,’ “ said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “If ATF can require this record keeping and reporting requirement of law-abiding retailers in these four states simply by sending a letter demanding the information, than there is no record or report ATF can not require of any licensee, anywhere in the country for as long as ATF wants. They simply need to send a letter demanding it,” said Keane.

Operation Fast and Furious confirms what ATF has always maintained, that retailers are a vital source of information for law enforcement in combating illegal firearm trafficking. These retailers routinely report questionable transactions to authorities, including ATF. Throughout the Fast and Furious congressional investigation, it was suggested that federally licensed retailers were the original source of information that gave rise to the operation and retailers allowed ATF special agents to stand behind the counter of their shops so that they were better able to observe the transactions.

Even if ATF had the legal authority to require sales reporting for long guns, it is an ill-considered policy that will actually make it more difficult for retailers to cooperate with ATF. Illegal firearms traffickers will simply alter their schemes to avoid and evade the reporting requirement. For example, traffickers could simply recruit more “straw purchasers” and have them illegally purchase firearms from multiple licensees, or simply move their illegal trafficking activities to other states where the reporting requirement does not exist.

Uncategorized

Thirteen Is A Lucky Number

July 12, 2011 by

The National Shooting Sports Foundation is reporting that their adjusted NICS check figures show the 13th straight month-over-month increase in the NSSF adjusted NICS figures.

The June 2011 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 679,840 is an increase of 12.8 percent over the NSSF-adjusted NICS figure of 602,908 in June 2010. For comparison, the unadjusted June 2011 NICS figure of 1,157,714 is an increase of 16 percent over the unadjusted NICS figure of 998,262 in June 2010.

The figures are adjusted to drop out those checks which can be attributed to CCW background checks as used by states such as Utah, Kentucky, and Iowa among other things.

The NSSF graphic below shows the pattern in adjusted NICS checks for the month of June for the past 10 years. This past June was a definite improvement over the prior two years and is the high watermark for the past ten Junes.

Uncategorized

Quote Of The Day

July 12, 2011 by 1 Comment

Those defending the new ATF multiple-rifle reporting requirement for the Southwest border states say it will give law enforcement another (needed) tool with which to fight straw purchases and gun smuggling to Mexico.

Mike Vanderboegh at Sipsey Street Irregulars who broke the story on Project Gunwalker with David Codrea has this to say about the need for new “tools”.

Ironic, ain’t it? It is as if the ATF is admitting that it was incompetent (deliberately or otherwise) in the Gunwalker Scandal and was having trouble keeping track of their cartel straw buyers so now they insist that the FFLs who previously tried voluntarily to help them, now must help them.

When the idea was first proposed, many ATF agents on CleanUpATF.org noted they were already drowning in paper and this would just make it even worse. If anything, it would cause information overload and induce decision paralysis.

Uncategorized

Of Course He Approves

July 12, 2011 by 2 Comments

Of course Elijah Cummings approves of the new requirement. Asshole.

Cummings Applauds New Reporting Measure to Combat Illegal Gun Trafficking

Washington, DC – Ranking Member Elijah E. Cummings issued the following statement in response to Department of Justice’s announcement of the new reporting measure for multiple sales of semi-automatic rifles in select states along the border.

“This is exactly what ATF agents on the ground told Congress — that reporting multiple sales of military-grade assault weapons is a crucial tool to identify and disrupt Mexican drug cartels engaged in gun trafficking. I strongly support ATF’s action, and I plan to introduce legislation with Rep. Maloney to establish a dedicated firearms trafficking statute to provide law enforcement with an additional tool to combat gun traffickers. Congress needs to step up to the plate and empower our law enforcement agents with the tools they need to keep guns out of the hands of dangerous criminals, protect communities on both sides of the border, and to ensure that they are not outgunned.”

Cummings issued an investigative report on June 29 that recommended ATF collect reports of multiple long gun sales based on testimony received from both U.S. and Mexican law enforcement officials.

Uncategorized

Grassley On New Reporting Requirement

July 12, 2011 by

Sen. Chuck Grassley (R-IA) was the first person in Congress to bring attention to Operation Fast and Furious and continues to push for answers to this day. Along with Darrell Issa and their respective staffs, he probably understands as much about Project Gunwalker as anyone. So when he comments on the new ATF requirement, it is with an in-depth understanding of the issue.

New Reporting Requirements for Federal Firearms Licensees on the Southwest Border

Senator Chuck Grassley, Ranking Member of the Senate Judiciary Committee, gave the following comment after it was announced by the Justice Department that Federal Firearms Licensees along the Southwest Border would be required to report multiple long gun sales. The Judiciary Committee has primary jurisdiction over policy related to the Justice Department. Grassley is also leading an investigation into the risky strategy employed by Bureau of Alcohol, Tobacco, Firearms and Explosives to allow guns to be sold to straw buyers and then watch the guns be transported to third parties without following the guns.

“We’ve learned from our investigation of Fast and Furious that reporting multiple long gun sales would do nothing to stop the flow of firearms to known straw purchasers because many Federal Firearms Dealers are already voluntarily reporting suspicious transactions. In fact, in just the documents we’ve obtained, we are aware of 150 multiple long guns sales associated with the ATF’s Fast and Furious case, and despite the fact that nearly all of these sales were reported in real time by cooperating gun dealers, the ATF watched the guns be transported from known straw purchasers to third parties and then let the guns walk away, often across the border. This makes it pretty clear that the problem isn’t lack of burdensome reporting requirements. The administration’s continued overreach with regulations continues, and is a distraction from its reckless policy to allow guns to walk into Mexico.”