ATF

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Another Raid In Columbus, New Mexico

March 11, 2011 by 4 Comments

The border town of Columbus, New Mexico just seems to attract raiders.

First it was Pancho Villa in 1916. That raid became the stuff of legend. It led to the Punitive Expedition commanded by General John J. Pershing which chased around Mexico after Villa for a couple of years without catching him.

Now it is the ATF (assisted by DEA) that has raided Columbus, New Mexico. Unlike the Pancho Villa raid, no one was killed. However, the mayor, police chief, one council member, and eight others were all arrested on drug and weapons charges. Firearms reportedly were crossing the border in an unmarked Columbus Police Department truck.

A copy of the 26-page indictment can be found here.

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Memo To ATF – Grassley Not Impressed With Your Dog And Pony Show

February 17, 2011 by 1 Comment

Senator Chuck Grassley is like a dog after a bone when it comes to investigations. It is a point of pride for the Senator. He even puts this on his website when describing himself:

As Iowa’s hired hand in Washington, Grassley immerses himself in the nitty-gritty work of rigorous government oversight. Grassley is a leader when it comes to shedding light on the federal bureaucracy and bringing transparency to the people’s business.

In fact, Grassley’s whistleblower laws have become the federal government’s #1 anti-fraud tool. Thanks to his ongoing legislative victories to protect whistleblowers, taxpayers have gotten back more than $22 billion that would otherwise have been lost to fraud .

So when the ATF sent Asst. Director McDormand and a delegation of ATF heavies to brief Sen. Grassley on Operation Gunrunner, I’m guessing they thought they could blow smoke and he’d buy it. According to an internal report presented at a meeting of Special Agents in Charge, they thought it went well.

ATF briefed Senator Grassley’s office relative to memo written to ATF and recent whistleblower allegations concerning Southwest Border. AD McDermond thought meeting went well and that ATF delegation provided full debriefing of Project Gunrunner and ATF’s Firearms Trafficking strategy overall.

It didn’t. Sen. Grassley sent a new letter to Attorney General Eric Holder describing the meeting saying:

I appreciate the staff briefing that Department of Justice (DOJ) and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) officials provided on February 10, 2011. However, the briefers focused on general issues related to challenges in successfully prosecuting gun trafficking cases. They refused to answer specific questions about the facts and circumstances that led me to request the briefing.

Specifically, they refused to say whether the approximately 103 weapons seized according to the Jaime Avila indictment were the only seizures related to the nearly 770 weapons mentioned in the indictment. They refused to say whether the third assault rifle purchased by Avila in January 2010—the one not found at the scene of CBP Agent Brian Terry’s shooting—has been recovered elsewhere. When asked whether ATF had encouraged any gun dealer to proceed with sales to known or suspected traffickers such as Avila, the briefers said only that they did not have any “personal knowledge” of that.

So now as a result of a dog and pony show gone bad, Sen. Grassley is now asking for very detailed documents. His document request is so specific that it indicates for all the world to see that he has inside information from whistle-blowers and he won’t be put off with a meaningless data dump. Here is what he requested:

Therefore, please provide the following documents to the Committee:

1) All records relating to communications between the ATF and the Federal Firearms Licensee (FFL) who sold the weapons to Avila, including any Report of Investigation (ROI) or other records relating to the December 17, 2009 meeting “to discuss his role as an FFL during this investigation.”

2) All records relating to communications between ATF headquarters and Phoenix Special Agent in Charge (SAC) William Newell from December 1, 2010 to the present, including a memorandum, approximately 30 pages long, from SAC Newell to ATF headquarters following the arrest of Jaime Avila and the death of CBP Agent Brian Terry.

3) A copy of the presentation, approximately 200 pages long, that the Group 7 Supervisor made to officials at ATF Headquarters in the Spring of 2010.

4) Copies of all e-mails related to Operation Fast and Furious, the Jaime Avila case, or the death of CBP Agent Brian Terry sent to or from SAC Newell, Assistant Special Agent in Charge (ASAC) George Gillette, Group 7 Supervisor, or the Case Agent between November 1, 2009 and January 31, 2011.

Grassley set a deadline of February 23rd for receipt of the first batch of documents.

David Codrea sent a Freedom of Information Act request today requesting “any memorandum, report, summary or other communication that describes what happened at the meeting (with Grassley), including a description of any oral briefing and what was said by both sides, and include copies of any such documents filed or stored, or designated for filing and storage, at the Office of Public and Government Affairs.” It will remain to be seen what David gets back and how redacted any documents will be.

As an aside, SAC William Newell has been transferred to the U.S. Embassy in Mexico City as the new ATF Attache. This and the thought that ASAC George Gillette could be promoted to head the Phoenix Division has caused much discussion on CleanUpATF.org.

I think Sen. Grassley’s request for specific documents has just upped the ante exponentially. The question then is when the mainstream media will deem it important enough to cover. We are still waiting for most of them to even acknowledge that a weapon sold in the U.S. could have killed Border Patrol Agent Brian Terry.

UPDATE: The forum at CleanUpATF.org is buzzing with reactions to Grassley’s latest letter. Start with the post by “Zorro” and read up.
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Interview With Mother Of Slain Border Patrol Agent Brian Terry

February 11, 2011 by

Insiders with whom David Codrea has spoken for his Nation Gun Rights Examiner column dispute some of the assertions made by former U.S. Attorney Paul Charlton who was interviewed in the video above.

Former U.S. Attorney Paul Charlton reportedly “has seen sting operations like Project Gunrunner in action,” the video informs us. But that is contrary to assertions received by this investigator from an insider source who maintains the only circumstances where this would be an acceptable policy with firearms is in the case of “controlled deliveries…under the strictest of conditions.”

It will be interesting to see, once hearings have begun, if any agent or manager will testify under oath that allowing uncontrolled mass numbers of supposedly monitored guns to escape into the wild is part of any recognized and authorized ATF policy.

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Somehow I Just Don’t Trust This iPhone App

February 2, 2011 by

I stumbled across a press release on the ATF website announcing that they had update their iPhone app.The release said:

ATF Announces New Version of App for Apple iPhone and iPod Devices
WASHINGTON — The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the latest release of its mobile application for Apple iPhone and iPod touch devices. With the ATF app, developed in cooperation with NIC Inc., users can learn about ATF history and areas of expertise, find their local ATF field office and sign up for e-mail updates on the latest ATF related news.

“ATF strives to use new technology to educate the public about its role in reducing firearms-related violence and making dangerous communities safe places to live,” said Scot Thomasson, chief of ATF Public Affairs Division. “Working with NIC in the development of this downloadable app, ATF hopes to reach a younger and more tech savvy portion of the population.”

It is almost sounds like some Saturday Night Live skit featuring Frank Sinatra singing the Beatles because “the kids like this stuff.”

Frankly, I wouldn’t be surprised if this app somehow could monitor my calls, surveil me while out shooting, or kill my dog. Now I know that sounds paranoid but ATF is one agency that I have a hard time trusting especially around canines.

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NRA On Shotgun Study

January 29, 2011 by

The NRA-ILA released this statement on the just released ATF study on shotgun imports and the “sporting test”. I couldn’t agree more that the sporting test needs to be abolished.

Proposed Shotgun Import Ban Shows Need To Change Law

Friday, January 28, 2011

On Thursday, Jan. 27, the Bureau of Alcohol, Tobacco, Firearms and Explosives released a Study on the Importability of Certain Shotguns, which proposes that “military shotguns, or shotguns with common military features that are unsuitable for traditional shotgun sports” be prohibited from importation. This would apply to all shotguns—not just semi-automatics. As in previous “working group” studies on rifles, the study fails to give proper credit to the widespread use of these guns in newer shooting sports, or to their adaptability to hunting.

The study underscores the need for Congress to change the firearm importation law. That law requires the Attorney General to approve the importation of any firearm “generally recognized as particularly suitable for or readily adaptable to sporting purposes.” This “sporting purposes” test was imposed by the Gun Control Act in 1968, a time when the right to self-defense with a firearm was not as widely respected by the courts as it is today.

Clearly, the main reason to change the law is that the Second Amendment—as the Supreme Court said in District of Columbia v. Heller—protects our right to keep and bear arms for defense, not for sports. In its 2008 Heller decision, the court observed that “the inherent right of self-defense has been central to the Second Amendment right” and ruled that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” particularly within the home, where “the need for defense of self, family, and property is most acute.” The court also dismissed the notion that the amendment doesn’t protect modern arms, saying “Just as the First Amendment protects modern forms of communications and the Fourth Amendment applies to modern forms of search, the Second Amendment extends, prima facie, to all instruments that constitute bearable arms.”

Another reason to change the law is to end the BATFE’s 22-year history of misinterpreting it. In 1989, the bureau banned the importation of semi-automatic rifles, claiming they were not used for “organized marksmanship competition.” (In fact, the banned guns were of the type most commonly used by competitors in the most popular marksmanship competitions in the United States—the National Matches, and the hundreds of local, state and regional competitions that precede the national events each year.) In 1998, BATFE expanded the ban, absurdly claiming that semi-automatic rifles’ “suitability for this activity [marksmanship competition] is limited.” At the time, a Clinton White House official said “we’re taking the law and bending it as far as we can to capture a whole new class of guns.”

Now, BATFE is bending the law one more time. As this issue develops, the NRA will be looking at every legislative and legal option to bring our firearms import laws back in line with the Constitution.

NRA members and other concerned gun owners can submit comments on the study until May 1, 2011. Comments may be submitted by e-mail to shotgunstudy@atf.gov or by fax to (202)648-9601. Faxed comments may not exceed five pages. All comments must include name and mailing address.

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New ATF Form For Reporting Multiple Rifle Sales

January 10, 2011 by 2 Comments

The Bureau of Alcohol, Tobacco, Firearms, and Explosives has put the draft version of Form 3310.12 online. It is the form that will be used by FFL’s in the Southwest to report multiple sales of certain rifles.

The draft form is virtually identical to the form used to report multiple sales of handguns. That form, ATF F 3310.4, differs in one important way from the draft form to be used to report multiple sales of certain rifles. The difference is that the report of sales of semiautomatic rifles with a detachable magazine in calibers larger than .22 will not have to be reported to local law enforcement authorities unlike multiple sales of handguns.

I guess one should be thankful for small favors if you are a resident of the Southwest.

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ATF, Chuck Schumer, and Andrew Traver

December 31, 2010 by 3 Comments

Mike Vanderboegh at Sipsey Street Irregulars has a very interesting post on the Traver nomination being sent back to the White House. Rumor has it that the Traver nomination was sent back with the full approval of notorious anti-gunner Senator Chuck Schumer.

The Chief Counsel’s Office at ATF has a reputation for being a nest of vipers. That comes from both ATF agents in the field and pro-gun advocates. They also have good relations with Schumer and have been at his beck and call for years.

The rumor is that Andrew Traver wanted the Chief Counsel’s Office cleaned out before he arrived so he wouldn’t have to do it. Because of that the CCO worked with Schumer to have the nomination killed or at least stalled.

Remember this is all rumor and conjecture on Mike’s part but he was the first one to call the Traver nomination. It was Mike’s first post on Traver that got me to doing Google searches on the guy. Read his whole post linked above in the first paragraph.

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ATF Issues Cease and Desist Order to Non-Firearms Manufacturer

November 22, 2010 by 1 Comment

On Thursday, the ATF hand delivered a Cease and Desist order to KT Ordnance of Dillon, MT. They are a company that machines 60% unfinished 1911 frames and AR-15 lowers. The products requires additional machining to make them usable. For example, on the 1911 unfinished frames, you still must cut the the slide rails and the barrel seat cut as well as drilling the hammer and sear holes. I know I’m not enough of a metal worker to do this!

As you can see in the picture below, it is hunk of metal that can’t readily be made into a firearm without much additional work.

 

David Codrea in his National Gun Rights Examiner has an extensive report on this. He also has copies of the letter delivered to KT Ordnance as well as their attorney’s response to the ATF. The way the ATF is going about it is fairly strange as Codrea notes:

Here’s the thing: IF Celata is doing what the government accuses him of, since when do they give out warnings and advise people to get a license? Can you imagine the DEA finding you formulating and selling Oxycontin and responding by hand-delivering a letter telling you to stop and not resume activities until you become a legally-authorized pharmacist?

And since when does ATF do things that way? This looks like nothing so much as a clumsy attempt at entrapment–if they can get him to acknowledge in writing that what he is doing constitutes manufacturing firearms, they’ll be able to use that to obtain a warrant, do a raid and then characterize it to a jury as Celata’s “admission/confession.”

This bears watching.

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CCRKBA Joins Fight Against Nomination of Traver

November 19, 2010 by

This was released yesterday by the Citizens Committee for the Right to Keep and Bear Arms regarding the nomination of Andrew Traver to head ATF:

CITIZENS COMMITTEE OPPOSES TRAVER NOMINATION TO HEAD BATFE
Thursday, November 18th, 2010

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms today is announcing its opposition to the nomination, by President Obama, of Andrew Traver as director of the Bureau of Alcohol, Tobacco, Firearms and Explosives

Traver is currently special agent in charge of Chicago’s BATFE field division, where he has a history of working with gun prohibitionists. He served as an advisor to the International Association for Chiefs of Police on that group’s 2007 “Gun Violence Reduction Project,” in cooperation with the anti-gun-rights Joyce Foundation. This project involved several high profile anti-gun-rights advocates, but there was not a single representative from the firearms community on the advisory panel.

“The nomination of Andrew Traver is more proof that Barack Obama has complete disregard for the Second Amendment and the rights of firearms owners,” said CCRKBA Chairman Alan Gottlieb. “We have serious concerns that the agency, under his leadership, will maintain any semblance of cooperation with the firearms industry, over which BATFE exercises considerable control.”

Traver helped develop the IACP/Joyce Foundation report, which recommended banning an array of modern sport-utility rifles and .50-caliber rifles used in long-range competition. The report also encouraged Congress to repeal the Tiahrt Amendment that protects sensitive trace data used by law enforcement in criminal investigations from being misued in frivolous municipal lawsuits that have consistently lost in court, and urged the adoption of restrictive gun show regulations that would effectively force them to close.

“Mr. Traver appears to be joined at the hip to various gun control and gun ban efforts,” Gottlieb observed. “The Citizens Committee, its members and supporters across the country oppose this nomination because Traver’s history clear shows that he is not the right man for such an important job.”