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Congress Told of More ATF Abuses, Reforms Suggested ^ | March 29, 2006 | Jeff Johnson

Posted on 03/29/2006 12:40:56 PM PST by neverdem

Senior Staff Writer

( - An Arizona police supervisor Tuesday said the federal agency charged with regulating the nation's firearms industry "absolutely devastated" his career and his personal life, all because he gave a gun to a friend as a gift.

Tucson Police Lt. Michael Lara was among a panel of witnesses who told the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is in need of serious reform.

Lara purchased a handgun from a federally licensed firearms dealer (FFL) in 2003, planning to give it to a friend who was licensed by the Arizona State Police to carry a concealed weapon. One of the forms he completed as part of the purchase asked if he was the "actual buyer" of the firearm. The 28-year law enforcement veteran read the definition of "actual buyer" on the form and answered the question "yes."

During a review of the gun dealer's records, ATF noticed Lara's purchase and began investigating it. Lara was placed on administrative leave with pay, but even after an internal affairs investigation cleared him of any wrongdoing, ATF continued to pursue the case for seven additional months.

"ATF indicted me, claiming that I had not purchased the firearm as a gift, but that I had actually bought it for my friend using her money," Lara recalled.

The crime Lara was accused of is typically referred to as a "straw purchase," when one person buys a firearm on behalf of another person who is, usually, legally disqualified from gun ownership.

Lara said he initially believed that ATF would investigate the charges objectively, determine that he was innocent and move on to other cases. He now complains that ATF never interviewed any of the witnesses to the purchase of the firearm or his presentation of it to his friend as a gift. Lara said he is still baffled by the agency's actions.

"It just makes no sense to me why ATF would try to prosecute someone who had dedicated themselves to serving our community and who clearly did nothing wrong," Lara concluded. "It was obvious that there was no intent of wrongdoing."

After he was processed as a federal prisoner, Lara was released on his own recognizance, but now was unemployed and the recipient of intense media scrutiny, awaiting his day in court.

"I lost over $216,000 in saving and earnings. I had to refinance my home to help pay the bills and the attorney's fees," Lara recalled. "Three months after my arrest, my case went to trial. At the end of the trial, the jury deliberated less than one hour before finding me innocent of the charges."

Lara would wait two more months for his badge to be returned to him. But the ATF prosecution did not end when he resumed his police career.

"On my first day back to work I was given a 40-hour suspension without pay for 'criminal activity' because I had been indicted," Lara continued. "My professional career is shot. It's now been three years after the event and I am still a patrol lieutenant. It was made clear to me when I returned to work that I would never see any advancement."

The ATF representative present at the hearing did not address Lara's case, but Kristen Rand, legislative director for the anti-gun Violence Policy Center, did.

"Mr. [sic] Lara's situation sounds extremely unpleasant," Rand said, "but we should be careful not to just legislate based on one anecdote."

Pro-gun attorney says ATF over-reaching extends to dealers, too

Richard Gardiner, a Virginia attorney and an expert in federal firearms laws who often represents FFLs and gun owners under ATF scrutiny, argued that Lara's case is actually closer to being the rule than the exception.

"The ATF tends to focus or has a significant focus on trivial, immaterial violations which are unrelated to public safety," Gardiner said. "And they impose unreasonable standards of perfection which are simply not humanly achievable."

As an example, Gardiner recalled an ATF review of 880 "Firearms Transaction Record Part I - Over-The-Counter" forms collected by one of his gun dealer clients. Of the 34,320 blocks of information collected on those documents, ATF found 19 clerical errors.

"That is a 99.96 percent perfect completion record," Gardiner noted. "Yet ATF took the position that, because the dealer was aware -- based on the fact that he had completed 99.96 percent of the forms accurately -- that he committed a 'willful violation' with regard to the other four one-hundredths of a percent because he knew what his legal obligations were."

The bureau revoked that gun dealer's license and closed his business.

"Essentially, what the ATF position is, is that human beings can make no mistakes," Gardiner complained. "Indeed, in the oral argument in that case one of the judges asked the U.S. attorney what the ATF's position was and he said, 'zero tolerance.'"

Audrey Stucko, deputy assistant director for ATF's enforcement programs and services, defended the agency's actions.

"Under the Gun Control Act, license revocation may be undertaken for any willful violation of the law or regulations," Stucko said. "The term 'willful' is not defined in the law."

Federal courts have often sided with ATF's interpretation that the term "willful" means only that the gun dealer had prior knowledge of a requirement and, subsequent to gaining that knowledge, violated it, with or without intent. Gardiner told of cases where ATF identified customer responses of "Y" or "N" rather than "yes" or "no" in written responses to questions as "willful violations" on the part of gun dealers under investigation. Other dealers lost their licenses, Gardiner said, because customers had accurately listed their street address, city, state and zip code, but failed to include their county of residence.

"This is clearly not what Congress had in mind when it enacted the 'willful' standard in 1986," Gardiner argued. "A Senate Judiciary Committee report stated that the purpose for adding 'willfully' to the license revocation procedure is, and I quote, 'to insure that licenses are not revoked for inadvertent errors or technical mistakes.' But that is precisely what ATF is doing."

Subcommittee Chairman Howard Coble (R-N.C.) expressed concern about how ATF was spending some of the taxpayer dollars used to fund its work.

"ATF should not waste valuable resources worrying about ministerial errors committed by licensees," Coble said. "Rather, they should focus, it seems to me, on those licensees who willfully violate the laws and regulations and pose a threat of significant harm."

Coble also addressed ATF's pursuit of law-abiding gun buyers like Lt. Michael Lara.

"Prosecutions that are aimed at only padding case statistics - and I'm not suggesting that that's done, but if it is done - not only waste government resources but can also tarnish a law-abiding citizen's reputation as well, and cause individuals severe financial distress," Coble said.

His subcommittee is considering legislation that would give ATF other options besides revoking a gun dealer's license for lesser violations and unintentional errors. The proposal also includes a statutory definition of "willful violations" that would force ATF to prove that a gun dealer knowingly and intentionally defied a law or regulation before sanctions could be imposed.

TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: Arizona; US: District of Columbia; US: North Dakota; US: Virginia
KEYWORDS: atf; banglist; batfe; billofrights; constitutionlist; donutwatch; govwatch; jackbootedthugs; jbt; jbts
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To: Welsh Rabbit

He is the sacrificial lamb; if the Tuscon PD takes a benevolent attitude toward him now the BATF will began to take an unhealthy interest in the department. "The enemy of my enemy is my friend". If the BATF is surveilling you how do you get a credible drop and what happens when you get caught with it?????????

21 posted on 03/29/2006 1:19:03 PM PST by kublia khan (Absolute war brings total victory)
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To: Joe Brower

They go after a guy, who's sworn to uphold the law and serve his community, and is still pursued by the ATF when it was obvious he did nothing wrong.

Not only that, he assumes a huge debt, he gets his "job" back, and gets b*tch slapped with a suspension by the City with whom he swore to protect.

So much for playing by the rules.

22 posted on 03/29/2006 1:22:46 PM PST by kstewskis ("I don't know what I know, but I know that it's big".....Jerry Fletcher)
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To: neverdem

Ever since ATF came into being one of its primary aims has been to restrict legal trafficing in firearms by making FFL licensing as close to impossible as it could while working to revoke as many existing FFL licenses as possible. Law abiding citizens are the targets, of course, as it is so much easier to nail people who are open and above-board in their dealings than it is to actually confront criminals. Also safer as they are less likely to open fire on you when you storm their business or residence.

What is likely to happen is that once the law-abiding get a load of what the ATF is all about many will decide that the law can go to he## and start dealing without informing the government of what they are doing. This will create a whole new batch of "criminals" for the ATF to chase giving them more cause to ask for even more draconian regulations and laws and so it goes round-and-round until they get what they want - a de facto repeal of the 2nd Amendment. I would not be in the least surprised that an underground firearms network consisting of otherwise law-abiding citizens already exists and is growing.

23 posted on 03/29/2006 1:23:53 PM PST by scory
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To: PeterFinn


24 posted on 03/29/2006 1:29:12 PM PST by green iguana
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To: absolootezer0
make it simple. ATF demands 100% perfection. check their records, if ONE record of theirs is out of order, indict them all.

If that were possible, they'd all be in jail, or out by now, but permanently barred from possessing firearms, including in their work.

25 posted on 03/29/2006 1:30:26 PM PST by El Gato
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To: neverdem

Disband the ATF. They have no use.

26 posted on 03/29/2006 1:30:31 PM PST by Ptarmigan (Proud bunny hater and killer)
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To: Ptarmigan

don't disband.. transfer them all to border patrol. if they keep the same policies and procedures, we'll never have another illegal immigrant again.

27 posted on 03/29/2006 1:33:55 PM PST by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: TexasCajun
Lucky the AFT didn't burn his home down with him and his family in it.

Or stomp his wife's cat to death while searching his home.

28 posted on 03/29/2006 1:34:14 PM PST by Centurion2000 (Islam's true face:
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To: sailor4321
the agency should be abolished, its staff fired and its responsibilities turned over to the FBI abolished, as well.
29 posted on 03/29/2006 1:35:58 PM PST by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
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To: absolootezer0
Good point! I never thought of that. Stupid me! D'OH!
30 posted on 03/29/2006 1:36:54 PM PST by Ptarmigan (Proud bunny hater and killer)
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To: Joe Brower
"More news about our favorite people.

Sickening, but not surprising.

Massive legal resources are but another tool in the JBT arsenal.

While I'm sure the BATFags tactics team would much rather have the adrenalin rush associated with a 'rightous raid' to slap down the peasants, they like to let their legal staffs get in on the fun.

Backed by the full faith and resources of the US Govt, the BATFag legal teams glean equal satisfaction by driving a 'citizen' to financial ruin, and by example teaching the rest of us 'citizens' a lesson in who's boss.
(Note: see Waco and Ruby Ridge)

Note to Claire: Is it time yet?

Thanks for the ping JB.

Stand Fast


31 posted on 03/29/2006 1:37:16 PM PST by Jasper (Stand Fast, Craigellachie !)
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To: neverdem

If you had an audit of the BATF internal and prosecutorial paperwork, I'd wager that they would do far worse than 90% accuracy. It would be interesting to see if the BATF could be found as nearly compliant as most FFL dealers.

32 posted on 03/29/2006 1:37:43 PM PST by Ghengis (Alexander was a wuss!)
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To: TexasCajun
Lucky the AFT didn't burn his home down with him and his family in it

How did the American Federation of Teachers (AFT) get involved in this matter? While they do seem to be anti-arms rights, I don't think they are out burning down gun owners houses, yet that is.


33 posted on 03/29/2006 1:38:08 PM PST by El Gato
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To: El Gato
Hey! I stutter(multiple post) and am dyslectic(misspell)!

Just be glad I don't have Tourettes Syndrome! hehe

34 posted on 03/29/2006 1:43:21 PM PST by TexasCajun
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To: neverdem

35 posted on 03/29/2006 1:45:14 PM PST by Doomonyou (FR doesn't suffer fools lightly.)
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To: sailor4321
After watching these SOB's for over 20 years I'm convinced the agency should be abolished, its staff fired and its responsibilities turned over to the FBI.

Remember, it wasn't the BATFE that burned down the "compound" in Waco, it was the FBI. The BATFE didn't shoot Vicki Weaver at Ruby Ridge, Lon Horiuchi of the FBI did. Now in both cases the BATF was the instigator of the "action", but the FBI provided the "muscle". Not that the BATF hasn't stomped a few kittens and slammed a few pregnant ladies up against a few walls, causing them to lose their babies.

Still, you might want to rethink that last part. How about we just eliminate the BATFE and the laws which they enforce. Turn the explosives safety stuff over to OSHA and/or the EPA and just eliminate the rest of the Unconstitutional laws they enforce. (They no longer collect the taxes on the "A" and "T", since they were moved to Justice from Treasury in the Homeland Security reorganization).

36 posted on 03/29/2006 1:45:49 PM PST by El Gato
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To: neverdem

You would think Waco would have been evidence enough.

37 posted on 03/29/2006 1:49:58 PM PST by thoughtomator (Since all politicians understand is money, I donate ONLY to those who oppose illegal immigration)
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To: looscnnn

And that's because our current President, elected with the overwhelming support of the RKBA lobby, is not able to fix anything larger than a burnt out light bulb? Why the pass for W? He should fix this. He's a "R" with two "R" houses to pass his laws.

38 posted on 03/29/2006 2:00:09 PM PST by Jack Black
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To: Doomonyou; Travis McGee

McGee BTT.

39 posted on 03/29/2006 2:00:25 PM PST by Billthedrill
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To: Welsh Rabbit

Well, Tucson and presumably the Tucson PD is full of liberal Democrats. Therefore what he was probably guilty of was NOT committing a crime. Democrats only coddle actual criminals.

40 posted on 03/29/2006 2:03:19 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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