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Gun show owner, police at odds over recommendations (Show owner says police advice heavy-handed.)
AMERICAN-STATESMAN ^ | Tuesday, Jan. 19, 2010 (9:26-PM) | Tony Plohetski

Posted on 01/20/2010 7:24:26 AM PST by Texas Fossil

An Austin police effort to curtail the illegal sales of firearms at a weekend gun show sparked an angry response from the event's organizer and raised concerns about whether the department overstepped its authority.

Several police recommendations about the operation of the show were intended to curtail crime there and should not have been viewed as requirements, authorities said Tuesday.

But the show organizer said he thought that law enforcement officials were instructing him to adopt rules that violated state and federal law, including a requirement that only licensed gun dealers be allowed to sell firearms. He said he begrudgingly enforced the recommendations.

The dispute, which began late last week, has since sparked a controversy that is playing out on Web sites and radio talk shows.

(Excerpt) Read more at statesman.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: austin; banglist; batf; gunshow; police
Darwin Boedeker, owner of Texas Gun Shows>

"What they did was strong-arm H-E-B into making me do what I did," he said. "The problem is that it is unconstitutional to say I can't sell my private firearm to another individual."

--

Similar article mentioned BATF involvement, this one does not. There appears to have been BATF involvement in this mess.

(Authors details: tplohetski@statesman.com; Austin phone 445-3605)

1 posted on 01/20/2010 7:24:26 AM PST by Texas Fossil
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To: Texas Fossil

“providing private security to prevent parking lot gun sales...”
This usually involves off duty cops on OT paid by the proprietor.
Police depts do what their chief tells them to do. Chiefs are political hacks that obey their political masters(usually a mayor and usually a liberal).


2 posted on 01/20/2010 7:30:28 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Scotsman will be Free

“(usually a mayor and usually a liberal)”

In Austin, always liberal.

The real issue here is the BATF involvement. It is not mentioned in this article, but in a previous similar article from the Examiner.com does state that.

Some other sites are a bit more out in the open, but I admit caution is in order to prevent getting too carried away.

If the BATF (Holder) did pressure the Austin Police to do this there is a Serious Question of Legality. It is clearly not legal to “force” this. Voluntary agreement between lesser & lessee is another matter.


3 posted on 01/20/2010 7:36:23 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil

They mention one alleged illegal sale but provide no more information. Was anyone arrested and charged with a weapons violation? How many alleged illegal sales have been prosecuted from past gun shows?

Strong arm tactics? I think the gun show promoter should tell the property owner there are plenty of empty commercial properties available because of the recession and they will find another place where the Constitution is king.


4 posted on 01/20/2010 7:36:44 AM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: Texas Fossil

I don’t care what the police motives are intended to save, stop, prevent, or otherwise intrude on legal firearms transactions by private citizens. It is still an infringement on the 2nd Amendment.


5 posted on 01/20/2010 7:39:13 AM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: Texas Fossil

“The gestapo shall rise again!”

(Perhaps it already has)


6 posted on 01/20/2010 7:39:21 AM PST by Georgia1
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To: Texas Fossil

Saxet show cancelled. I believe the Austin PD and BATF are not on legal ground with this. The government AND criminals are out of control and the lawyers are in charge.


7 posted on 01/20/2010 7:40:28 AM PST by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: o_zarkman44

From> http://www.prisonplanet.com/batf-notice-bans-private-gun-sales-in-texas.html

At times a picture is worth 1,000 words.

8 posted on 01/20/2010 7:41:05 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: o_zarkman44

Excerpt from> http://www.infowars.com/texas-gun-shows-organizer-targeted-by-the-atf-makes-his-case-on-the-alex-jones-show/

“In order to intimidate participants and potential firearms buyers, the Austin police arrested a man during the weekend event. He was held for an hour and then released without charge. Boedeker said he believes this stunt was preformed in order to intimidate gun buyers and scare people away.”


9 posted on 01/20/2010 7:44:21 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: o_zarkman44

I read elsewhere but cannot find it now that the previous “violation” was bogus. Not substantive.


10 posted on 01/20/2010 7:46:18 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil
Please don't criticize the rest of us Texans for Austin.

The continued existence of that place is perfectly justified. Every state may sooner or later need an enema, and without Austin we'd be in trouble!

11 posted on 01/20/2010 7:54:13 AM PST by I cannot think of a name
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To: Texas Fossil

I hope the person arrested returned to the gun show and pointed out to everyone who the under cover cops operating in the parking lot were. Did they have any firearms confiscated for “ballistics and forensics” testing? Which is the standard excuse now used by cops when they encounter a citizen with firearms.

Yep. Harassment. Intimidation. All fascist tactics directed by Holder to scare people away. Most gun owners are going to tell the cops to blow corn. but these tactics are used to discourage potential new gun owners who may not be educated on the Constitutional protections of the 2nd Amendment.

This is exactly why the 1st Amendment is so valuable to point out abusive law enforcement practices and prepare people for further confrontations that are surely coming.


12 posted on 01/20/2010 7:54:30 AM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: Texas Fossil

This is just one of many issues I have with the current Austin PD. The police here in Austin have really been castrated since Art Acevedo was brought in from California to be Chief. He was brought in with all kinds of hoopla and cheering in an effort to ‘reform’ the police and make them more acceptable in the community. Now all you hear in the local news is about him kissing up the local counsels, spending money on ‘outreach programs’, and worse of all, prosecuting/suspending/firing every officer who dares, DARES, pull a gun/taser on a suspect. These are just my personal feelings but this gun show crap is just another example.


13 posted on 01/20/2010 7:56:15 AM PST by LoneStarGI (Vegetarian: Old Indian word for "BAD HUNTER.")
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To: Texas Fossil

I’m sure the NRA-ILA lawyers are on this one. They better be. That’s what I pay them for.


14 posted on 01/20/2010 7:58:02 AM PST by o_zarkman44 (Obama is the ultimate LIE!)
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To: Texas Fossil
The story was also posted on Blacklisted News. http://www.blacklistednews.com/news-7099-0-8-8--.html Darwin Boedeker, owner and promoter of Texas Gun Shows (http://texasgunshows.net/default.aspx), went on the radio today for more than 2 hours to tell his side of the story about what happened. I’m pasting the show in YouTube radio broadcast segments below. http://www.youtube.com/watch?v=Uc-gFyPV3Dw
15 posted on 01/20/2010 8:11:41 AM PST by Jack Hydrazine
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To: LoneStarGI

Thanks for your insight on the Austin PD, and new police Chief. (from CA)


16 posted on 01/20/2010 8:15:44 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil
while assisting federal agents in combating the sale of guns to undocumented immigrants

So they won't stop illegal immigrants from coming into our country and we are supposed give up our rights to keep them from taking advantage of being here illegally.

17 posted on 01/20/2010 8:29:26 AM PST by mikeandike
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To: Texas Fossil
while assisting federal agents in combating the sale of guns to undocumented immigrants

So they won't stop illegal immigrants from coming into our country and we are supposed give up our rights to keep them from taking advantage of being here illegally.

18 posted on 01/20/2010 8:29:52 AM PST by mikeandike
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To: Texas Fossil
while assisting federal agents in combating the sale of guns to undocumented immigrants

So they won't stop illegal immigrants from coming into our country and we are supposed give up our rights to keep them from taking advantage of being here illegally.

19 posted on 01/20/2010 8:39:32 AM PST by mikeandike
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To: Texas Fossil
.

" Austin police said that last year, while assisting federal agents in combating the sale of guns to undocumented immigrants, they recorded a number of illegal transactions. The repeated offenses at the site — a former Sam's Club location on North Lamar Boulevard — prompted police to refer the location to the department's nuisance abatement unit, which works with owners to reduce the number of crimes on their properties.

What a load of BS. That place was formerly known as the Crockett Center and it also hosts a large mexican market. If APD wanted to catch real criminals their "Nuisance Abatement Unit" should have been out there busting all the illegal aliens that went to the market on a regular basis conducting those "illegal transactions." Apparently THOSE "illegal transactions" were just peachy, no problem at all. Instead, they came down on the evil Gun Show and when questioned on it by the press they claimed it was just "suggestions."

"We merely gave suggestions to reduce the amount of criminal violations that were occurring at this property," Austin police spokesman Cpl. Scott Perry said. They "should not have been viewed as requirements..."

Oh yea, I am sure that is how the conversation went, just "suggestions." Well, the issue is a result of the LEO's not busting the criminal illegal alien immigration law violators they knew were regularly going to that location, so the local LEO's have done this to themselves. Had the APD been arresting the criminal illegal aliens and handing them over to ICE for deportation it is highly unlikely those very same illegal aliens would be lurking around a GUN SHOW.

The show organizer should do exactly what he said, change the location and then sue the APD for the loss of business because they forced the property owner to adopted rules for the Gun Show that violated the operator and Citizens rights and activities allowed under State and Federal law. One of the comments nailed it...

" This is "official oppression" under Texas Penal Code § 39.03. Go ahead and look it up. Because there IS A LAW against that, and the APD and ATF broke that law.

I hope the gun show promoter sues APD, the City of Austin, and ATF for violating his civil rights. The gun show owner committed no crime, was an accomplice to no crime, and furthermore the previous crimes alleged by APD to have been committed at the old Crocket Center were during a DIFFERENT GUN SHOW! That was the old Saxet Gun Show, which APD/HEB apparently successfully ran out of town. Texas Gun Show has only been using that site since November. So by linking those illegal sales to Mr. Boedeker's gun show, the APD and Statesman have effectively libeled and slandered Mr. Boedeker. Add that to the number of lawsuits this guy can file and win.

20 posted on 01/20/2010 9:01:21 AM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: TLI

Thanks for your insight of situation. Some I knew, but parts did not.


21 posted on 01/20/2010 9:07:18 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil

No problem, the men and women of the Austin PD are good people, I know several of them personally. The problem is that Acevado is trying so hard to ‘reform’ the ‘image’ of the department that he’s hamstringing them. Several officers that I’ve talked to are almost afraid to do their job because they don’t know if they’ll be suspended or be put on review for their actions.


22 posted on 01/20/2010 9:27:37 AM PST by LoneStarGI (Vegetarian: Old Indian word for "BAD HUNTER.")
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To: LoneStarGI

Political Correctness is insanity.

It kills organizations and nations.

Insanity imported from CA to TX. Should be quarantined at the Border.


23 posted on 01/20/2010 10:00:51 AM PST by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Scotsman will be Free
“providing private security to prevent parking lot gun sales...”

But parking lot gun sales where the seller is not a FFL aren't illegal. Where do they get off telling him he has to prevent legal transactions?

24 posted on 01/20/2010 8:45:23 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Texas Fossil

Shoot, in Phoenix there’s private sellers with tables! And strolling around inside, and in the parking lot.


25 posted on 01/20/2010 8:47:40 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: LoneStarGI
and worse of all, prosecuting/suspending/firing every officer who dares, DARES, pull a gun/taser on a suspect.

Actually, that's a good thing. If their "enforcement" is limited to harassing people transacting legal business, the fact that you know in advance they won't tase or shoot you lessens the degree of infringement. Just say no. ;-)

26 posted on 01/20/2010 8:50:34 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: LoneStarGI

Sounds like the GI in Afghanistan who’s in legal soup for completing a mission WITHIN THE SPECIFIED PARAMETERS!


27 posted on 01/20/2010 8:53:52 PM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Still Thinking

Their point was that illegal sales to illegal aliens were being made in the parking lot.
If so, why aren’t they working the parking lot incognito. They’d catch illegal aliens and illegal gun sales. A twofer.
I suspect that they were just being assholes because BATF asked them to, and because of politics.


28 posted on 01/21/2010 2:42:56 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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