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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: DoughtyOne

That's an insult to garbage separators everywhere. If I were one, I'd challenge you to a duel.

41 posted on 03/29/2006 2:04:58 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: neverdem

Is this the same congress that is going to 'reform' illegal immigration?

42 posted on 03/29/2006 2:06:10 PM PST by antaresequity (PUSH 1 FOR ENGLISH - PUSH 2 TO BE DEPORTED)
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To: Billthedrill; Travis McGee

Read it! Great book, waiting, waiting, waiting for the sequal to print.

43 posted on 03/29/2006 2:11:27 PM PST by Doomonyou (FR doesn't suffer fools lightly.)
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To: Billthedrill
This is a pathological corporate culture.

Correction: pathological government culture. Corporations have nothing to do with it.

44 posted on 03/29/2006 2:15:21 PM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: sailor4321
It looked like they were due for a downsize about the end of 1992, but then they were "ambushed" by some li'l ol' church group in Texas, (or so they claimed). The FeeBIes came in and hauled their water at the end of that one, during a new administration, and some gal named Reno got a new nickname.

From there, they have found incident after incident to somehow justify their crusade on the RKBA, all funded by our tax dollars, naturally.

I guess the game kept them from ending up as mall security guards somewhere, 'cause you gotta have a Law Degree to be a FeeBIe, and their cannons were a bit loose for the DEA deck.

Which leaves what? Bank guard? Not enough jizz for those operators.

They 'saved' their jobs and only had to kill 82 people to do it.

45 posted on 03/29/2006 2:22:14 PM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: Welsh Rabbit
Why is the Tuscon PD being so harsh on him if he was cleared of the charges?

How many 'throw down' weapons are legal or just plain hot? Think about it. Once they start sniffing buttcracks everyone in the PD is going to be trying to CYA. The guy is going to be a pariah instinctively with the others, out of self-preservation.

46 posted on 03/29/2006 2:26:30 PM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: looscnnn
They are to justify the expenses of any investigations,

WHoa! Careful, there. They "justified" Waco, at least enough to get the Senate Hearing whitewash to stick.

That gives them more 'license' in their minds, not less, 'cause things will be "justified".

Put Hillary at the top and anything goes.

47 posted on 03/29/2006 2:29:52 PM PST by Smokin' Joe (How often God must weep at humans' folly.)
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To: Jack Black

I am not giving him a pass, I am disappointed in him because he has not done so as of yet and these issues have been going on and known for longer than he has been the President. Obviously he won't do it, so it will need to fall on the next President.

48 posted on 03/29/2006 2:37:24 PM PST by looscnnn ("Olestra (Olean) applications causes memory leaks" PC Confusious)
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To: Still Thinking

I knew that was coming. I shoulda had money on it. LOL

49 posted on 03/29/2006 2:46:42 PM PST by DoughtyOne (If you don't want to be lumped in with those who commit violence in your name, take steps to end it.)
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To: Billthedrill; Joe Brower

50 posted on 03/29/2006 2:48:12 PM PST by Travis McGee (--- ---)
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To: Doomonyou

Should be about June.....

51 posted on 03/29/2006 2:50:39 PM PST by Travis McGee (--- ---)
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To: PeterFinn
What was it that G. Gordon Liddy advised to anyone who is so unfortunate as to face the un-Constitutional actions of those "jackbooted thugs"? I'd reprint his advice but one of the mods here would get all in a dither over it. But it remains as good advice. The Second Amendment was written to protect us from just the sort of behavior the ATF carries out as SOP.

I printed it once. I got no beef from the mods, but my firewall was probed within minutes of posting it.

After a minor amount of searching, I found that the IP addr belonged to a company in Langley VA.

If I remember correctly Liddy suggsted head shots for JBT in body armor.

52 posted on 03/29/2006 2:50:52 PM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty)
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To: Travis McGee
Should be about June.....

I'm watching the web site.

53 posted on 03/29/2006 2:57:32 PM PST by Doomonyou (FR doesn't suffer fools lightly.)
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To: Travis McGee

Great pic - now, I've never tried jackbooted thugdom, but aren't you supposed to pull the ski mask down far enough so's you can see out of it?

54 posted on 03/29/2006 3:15:13 PM PST by Billthedrill
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To: neverdem

The problem here is the authority of the agency. The '68 GCA is outright unconstitutional - it prohibits people from selling Constitutionally-protected property to others across state lines (you have to go through a "dealer"), it prohibits you from dealing directly with manufacturers (just try buying an AR clone directly from Bushmaster, DPMS, etc., or a handgun from S&W, Springfield, Glock, etc. - it won't happen unless you have an FFL) and it allows the agency to ban whole classes of guns from civilian ownership under the unlimited, undefined, unconstitutional and unreviewable standard of "sporting purpose" (which, by the way, was a concept lifted directly from the 1938 Nazi Weapons Law - see ).

BATF abuses got the '86 FOPA passed, which forced BATF to ease up a bit, and which allowed interstate shipment of ammo and protected interstate travel with long guns. Maybe the abuses now being testified about can bring some more changes for the better.

55 posted on 03/29/2006 3:15:59 PM PST by Ancesthntr
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To: TexasCajun
Just be glad I don't have Tourettes Syndrome! hehe

Wouldn't bother me if you did. I used to work with a lady who had it, as did her husband and children. She scared many people, but I could see beyond her problem. Of course she had it mostly controlled via medication, but you could still tell when she was about to blow, or at least when it appeared she was about to blow.

56 posted on 03/29/2006 3:20:57 PM PST by El Gato
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To: Ancesthntr
The '68 GCA is outright unconstitutional

You didn't even mention the original federal gun control law. The National Firearms Act. It was for violations that act, not GCA '68 or any other "law", that folks were killed at Ruby Ridge (too short) and Waco (alleged machine guns). It's just as unconstitutional as the others. It's alos the only one to make it to the Supreme Court, in a cast which was sent back to the lower court for "further action", which could have been anything, from reinstatement of the charges, to further pleadings and evidence that a short barrelled shotgun did have militia/military usefulness. The machine gun provisions, the associtated tax, and registry, have never been tested at the Supreme Court.

57 posted on 03/29/2006 3:28:44 PM PST by El Gato
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To: neverdem

58 posted on 03/29/2006 3:48:31 PM PST by Sender (As water has no constant form, there are in war no constant conditions. Be without form. -Sun Tzu)
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To: neverdem

Is this the end of the Alcohol Tobacco Fags?

59 posted on 03/29/2006 3:52:49 PM PST by Porterville (Sure are a lot of these few Muslim Extremist Fanatics)
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To: neverdem

The man is lucky they didn't burn his house down!

60 posted on 03/29/2006 4:56:15 PM PST by SouthTexas (There's a hot time in Gay Paris tonight.)
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