Free Republic

     Almost a month ago, I pointed out that Mayor Bloomberg's gun show "sting" operation may itself have broken federal gun trafficking laws.At the time, I urged readers to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) to inquire as to whether or not Mayor Bloomberg's "investigation" was itself being investigated for possible  criminal activity, and to request that such an investigation be initiated.Yesterday, I received a response, of sorts: Thank you for your e-mail inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). We are sorry for the delay in responding.  Please go to the...

Ohio has joined with several other states, including Montana and Tennessee, in asserting independence from federal gun laws with the introduction of House Bill 315. This bill, sponsored by Representatives Morgan and Martin, would make all guns manufactured wholly within the state of Ohio exempt from federal gun regulations provided sales are within state boundaries. The Bureau of Alcohol, Firearms, Tobacco, and Explosives has claimed that they have the authority through the right to regulate interstate commerce because even exclusive intrastate sales of guns have an effect on gun sales nationwide. With two states already having passed similar bills, and...

A Montana lawsuit filed on Thursday challenges federal authority to regulate guns manufactured and sold within the state, an argument that would effectively invalidate federal firearm laws in Big Sky Country if adopted by the courts. The lawsuit arose out of a state law signed by Democratic Gov. Brian Schweitzer that took effect on October 1. It says that firearms, ammunition, and accessories manufactured entirely inside Montana are not subject to federal regulation, including background checks for buyers and record-keeping requirements for sellers. They would remain subject to state regulation, and machine gun manufacturing is not permitted. This is part...

The question of whether or not gun registration violates the Second Amendment may be settled by the courts in the future. But the recent use of prosecutorial discretion to prosecute a Utah man for an innocent and non-material mistake on gun dealer transfer forms demonstrates the danger of decentralized gun registration by way of ATF Form 4473, especially since the court of appeals in this case affirmed the trial court's dismissal of the charge only because "an alien registration number is not 'information required for a background check' as contemplated by Utah Code section 76-10-526(4)(b)." State v. Kidus Chane Yohannes,...

NASHVILLE - The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has told Tennessee gun dealers to disregard a state statute that exempts firearms made and sold inside Tennessee from federal gun laws and registration. The ATF says the federal laws still apply regardless of the state's move. The Tennessee legislature considered and approved several bills this year to reduce restrictions on firearms, including one bill that its sponsors labeled the "Tennessee Firearms Freedom Act." It passed overwhelmingly, the House 87-1 and the Senate 22-7, despite warnings by some lawmakers that it could subject Tennessee citizens to federal prosecution and...

On Monday, we asked if the Bureau of Alcohol, Tobacco, Firearms and Explosives could be reformed, citing companion bills in the Senate and House backed by the National Rifle Association that promise to roll back certain restrictions and moderate penalties for minor violations. Yesterday, we examined a campaign created by Jews for the Preservation of Firearms Ownership. Their bottom line: "Boot the BATFE." No doubt many will consider this an unrealistic goal, and deem the likelihood of generating enough support to make it happen remote without revolutionary changes from the way government exerts control now. That doesn't mean it shouldn't...

Attorney David T. Hardy sums it up nicely: The courtroom equivalent of "the dog ate my homework. Five times."... The prosecutor is trying to dodge and weave on why certain important documents were not disclosed to the defense, despite a court order, and neither the judge nor the defense attorney is giving him an inch of slack.

Bad Economy, Obama Fuel Rise in Militias: Report Fears of a return to anti-government violence of the 1990s Updated 2:15 AM CDT, Wed, Aug 12, 2009 The election of America's first black president, fears of a secret Mexican plot to take over the Southwest and a painful recession have combined to fuel a rise in violent right-wing militias, according to a report by the Southern Poverty Law Center. The leading civil rights group is not the only one worried that the country could be on the verge of another domestic terror attack by a lone wolf hatemonger or radical militia...

It was a scenario U.S. law enforcement had long feared: A fragmentation grenade from Mexico's bloody drug war tossed into a public place. Only the grenade thrower's bumbling prevented bloodshed in a south Texas bar.....But the act was proof that one of the deadliest weapons in Mexico's drug battle is a real threat to the U.S..... While Mexican drug violence has been spilling across the border in the form of kidnappings and killings, grenades are a particular worry because they can kill large numbers of people indiscriminately, and a weapon of choice among Mexican cartel members. In Mexico, .... three...

Eric Holder's Justice Department includes the ATF within its bounds. I have been experiencing a severe delay in processing a Form 4 and wonder if fellow FReepers are also seeing an undocumented change in policy for handling the purchase of NFA Class III items? Anyone care to guess if Eric Holder is throttling down the vetting process?

The several states are lining up to reclaim their sovereignty and telling the federal government to butt out. This is being done in myriad ways but all are related in that most claim that the Tenth Amendment protects the states from federal tyranny. States are passing resolutions, memorials and two states have passed laws and they intend to apply those laws for their citizens. The two states are Montana and Tennessee. It was expected that at some point these laws would be challenged and it appears actions to do such has begun. The Federal Bureau of Alcohol, Tobacco, Firearms and...

On Friday, we saw the letter ATF sent to FFL dealers in Tennessee telling them the Bureau was overriding the state's Firearms Freedom Act, and would continue to impose federal requirements in disregard of state law.

A line was drawn in the sand last week - a response by the Federal Government to the State of Tennessee and their assertion of sovereignty under the Tenth Amendment to the US Constitution. Part of a series of moves by states seeking to utilize the Tenth Amendment as a limit on Federal Power, the Tennessee State Senate approved Senate Bill 1610, the Tennesse Firearms Freedom Act, by a vote of 22-7. It previously passed the House by a vote of 87-1. The law states that “federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition...

The ATF - as expected - has issued a letter in which it disregards the 10th Amendment restrictions on federal power (as seems to be the trend since the late 1930) and has notified Tennessee’s federal firearms dealers that the Tennessee Firearms Freedom Act is meaningless. Essentially, ATF is saying to the state of Tennessee that the 10th Amendment no longer exists. We expected such from a tyranny that no longer lives within the bounds of its express authority…

- Cosponsor List Crosses 100 in This Congress - WASHINGTON, D.C. – Hailing a major milestone in the effort to protect law-abiding gun dealers from excessive and overzealous actions on the part of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), Congressman Zack Space (OH-18) today announced that his BATFE reform legislation has gained the support of over 100 Members of Congress. While the size of a cosponsorship list does not guarantee a vote on the bill, gaining 100 bipartisan cosponsors shows widespread support and momentum.“My colleagues are waking up to the assault on the Second Amendment being perpetrated by...

Do you mind answering a few questions...? As we found out yesterday, NRA has issued a statement on the GAO Mexican "crime gun" trafficking report. Their bottom line: For American gun owners, the battle will be to make sure that politicians who see an opportunity to advance their gun ban agenda do not use Mexico as an excuse to sacrifice our Second Amendment rights. True enough. But it was the second link in this morning's email from their Institute for Legislative Action that really grinds my gears: "In Border States, BATFE Asks: 'May We See Your Guns?'" NRA-ILA has recently...

Friday, June 19, 2009 NRA-ILA has recently received several calls from NRA members in border states who have been visited or called by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. In some cases, agents have asked to enter these people's homes, and requested serial numbers of all firearms the members possess. In each case, the agents were making inquiries based on the number of firearms these NRA members had recently bought, and in some cases the agents said they were asking because the members had bought types of guns that are frequently recovered in Mexico. This kind...

Sen. Tom Coburn, who is also a medical doctor, is calling for an outright ban on the sale of cigarettes and other tobacco products. "What we should be doing is banning tobacco," the Oklahoma Republican declared on the Senate floor during a debate on a tobacco regulation bill. "Nobody up here has the courage to do that. It is a big business. There are millions of Americans who are addicted to nicotine." The battle against tobacco use has been ongoing. Earlier this year Congress passed legislation that included an increase in the federal tax on cigarettes of more than 60...

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, commonly shortened to ATF) is a busy agency. What with railroading owners of malfunctioning rifles into prison and "arresting" gun parts, they're hard-pressed to trace the guns seized in Mexico ("700-weapon backlog"), which themselves compose a tiny fraction of those seized (think about what that says about the "90%" lie). One would think, then, that the agency would be careful to concentrate on priorities; to--I don't know--focus on dangerous criminals (well, those, and people whose semi-automatic rifles malfunction). One would be wrong, though. Wrong, that is, unless one agrees with the...

Absolutely remarkable. A 51 year-old man lives with his father in a trailer. Thirty-four years ago - as a minor - the man was arrested with a friend that had forged a check. That made him a "former felon." His father collects guns. The dozen or so guns are secured in a safe. With search warrant in hand, "15 officers from the U.S. bureau of Alcohol, Tobacco, Firearms and Explosives and local police" surround the trailer, use a battering ram on an unlocked door, throw people to the floor, point guns at their heads, handcuff them, and proceed to trash...

Print this page May 7, 2009 Unnecessary Firearms Restrictions Would Be Rolled Back With King Legislation Congressman Introduces Bill to Correct Errors in Federal Firearms Laws, Regulations Congressman Steve King, a member of the House Judiciary Committee, today introduced H.R. 2296, the “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009.� King’s legislation would roll back unnecessary restrictions and correct errors in federal firearms laws and regulations. The bi-partisan bill is a vital step to modernize and improve Bureau of Alcohol, Tobacco, Firearms and Explosives operations. The legislation completely rewrites the system of administrative...

·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683   BATFE Reform Bill Introduced In U.S. Senate   Friday, May 01, 2009   Senators Mike Crapo (R-Idaho) and Patrick Leahy (D-Vt.) introduced S. 941 --  the "Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act" -- on April 30.  Senator Leahy is chairman of the Senate Judiciary Committee, to which S. 941 has been referred. S. 941 represents the first time such BATFE Reform legislation has been introduced in the Senate.  However, the House passed similar legislation (H.R. 5092) in the 109th Congress by a 277-131 vote.  A majority...

Texas led the nation as the source of known weapons smuggled into Mexico with 40 percent of the total, or 4,800 firearms in 2008 — a year in which a record number of confiscated weapons were traced to U.S. retailers. The number of firearms — 12,073 — is more than double that in the previous two years combined, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives reported. The 2008 figure brings the total number of guns confirmed as having been bought in the U.S. and smuggled into Mexico to 22,848 since 2005. California was the No. 2 source with...

Americans don't need the NRA to tell them that the Barack Obama-Joe Biden administration could spell oblivion for their freedoms: Americans are telling us! Even during the poorest holiday spending season in almost 40 years, with consumer confidence in a freefall, Americans bought guns like they were going out of style —or going to be banned. The month Obama was elected, FBI background checks for firearm purchases increased by 42 percent over 2007, setting an all-time record for purchases in a month. Right-to-carry permit applications soared from coast to coast. It's easy to see why. After spending millions of dollars...

Associated Press HELENA – Montana-made guns may form the basis for a court showdown over states' rights if the governor signs a bill to release some firearms in the state from federal regulation. The proposed law aims to exempt firearms, weapons components and ammunition made in Montana and kept in Montana from federal gun laws. Since the state has few gun laws of its own, the legislation would allow some gunowners and sellers in the state to skirt registration, licensing requirements and background checks entirely...

VICTORIA, Texas - Eddy V. Pleasant, 52, of Sheridan, Texas, a former firearms dealer, has been ordered to surrender to a federal correctional institute to begin serving a prison sentence for making false statements during the purchase of firearms, acting United States Attorney Tim Johnson announced today. United States District Judge John D. Rainey entered the order on March 31, 2009. Pleasant has been ordered to report to Federal Correctional Institute - El Reno - by April 21, 2009. Pleasant was sentenced on Feb. 17 to 18 months in federal prison to be followed by a three year term of...

Associated Press Federal officials and members of a special border crime detail are busy looking for powerful weapons that could fall into the hands of dangerous drug cartels operating in Mexico. --snip-- Of the more than 7,700 weapons recovered from those crimes, the Bureau of Alcohol, Tobacco, Firearms and Explosives traced 90 percent back to the U.S.

BOISE, Idaho — An Idaho gun shop that went to federal court to keep the Bureau of Alcohol, Tobacco, Firearms and Explosives from pulling its gun license has reached a settlement with the agency. Terry and Ryan Horsley of Red's Trading Post in Twin Falls asked the court to review their case in 2007, after the ATF revoked their license. The ATF said the shop had repeatedly violated gun sales rules. The Horsleys said they had been targeted by the agency and that most of the problems were clerical, such as using abbreviations on gun sale documentation. Red's Trading Shop...

A Brownsville man has been sentenced to 30 months in federal prison for making false statements in the purchase of firearms, said a press release form the U.S. Attorney's Office. U.S. District Judge Andrew Hanen, who on Monday sentenced Jose Angel Perez, 30, to prison, also ordered that he serve three years of supervised release and provide 200 hours of community service after release from prison. Perez was convicted in December following his guilty plea to making false statements in firearm records. According to the U.S. Attorney's Office, Perez recruited two unnamed women to purchase three handguns on his behalf....

SOF EXPOSES BATF CORRUPTION IN IRAQ Posted by SOF Editor on February 18th, 2009 3 Comments Printer-Friendly NEED A DEFINITION FOR OBAMA’S CALL FOR “RESPONSIBILITY�Amid the orderly transfer of power, our new Chief Executive has issued a call for responsibility. As is the case with most of his public statements, his meaning is not clear. However, if he means holding government officials accountable for their actions, a novel and great idea, it is something that we can all embrace. It is particularly true of those officials within agencies with a long and well documented history of abuses of entrusted...

Claimant objects to defendant property being referred to as a “machine gun,” because it does not fit the definition of a machine gun in the United States Code and the Code of Federal Regulations. The details of the Answer, specifically as stated in the Third Defense, demonstrate the Machiavellian way ATF deals with citizens they view as enemies: The BATF attempted to coerce the Claimant’s president into resubmitting defendant property as a machine gun, which would have subjected Claimant’s president to a charge of perjury and/or providing false statement to a government agency, violations of 18 USC § 1001. The...

Acting United States Attorney Lawrence G. Brown and Bureau of Alcohol, Tobacco and Firearms Agent-in-Charge Stephen C. Herkins announced that United States District Judge Morrison C. England Jr. sentenced Ricardo Madrigal, 28, of Stockton, Calif., to four years and eight months in federal prison for dealing firearms without a license, interstate travel to acquire firearms to deal without a license, transporting firearms interstate in furtherance of unlicensed firearms dealings, and possession of an unregistered machine gun. He pleaded guilty on August 7, 2008. This case is the product of an investigation by the United States Bureau of Alcohol, Tobacco and...

An "Authorized Law Enforcement Officer" has been ordered by the United States District Court for the Northern District of Georgia, Atlanta Division, to make an arrest in a machine gun case. Guess who they're arresting? Wrong. Not "who." "What." Seriously. Here's how the warrant reads: UNITED STATES OF AMERICA,Plaintiff,VS .ONE HISTORIC ARMS MODEL 54RCCS"7 .62X54R CALIBER CONVERSIONSYSTEM" MACHINE GUN, SERIAL NO . V1, :Defendant . It's similar to a modern version of a deodand, although in this case, no one's ox cart has run over anyone. Still, a piece of property has offended our overlords, and for that, it must...

BATFE arrests not a person, but a gun part. That's right folks, the stupidity has reached a new level. BATFE has arrested a belt fed upper for a MAC 10. Len Savage, a licensed firearms manufacturer, registered an upper as an SBR and submitted it lawfully to BATFE for confirmation. BATFE attempted to have Mr. Savage modify his submission (illegally) to register the item as a machinegun. He of course refused. BATFE has now arrested the upper after using a metal plate, a chain and wire ties (conversion devices) to make it fire. This move by BATFE is the same...

 Graphic:     Weapons confiscated last year by Paterson police. A new state program is gathering unprecedented information about illegal guns traveling into New Jersey, and police expect to tap that data this year as part of a statewide crackdown on weapons used in violent crimes. New Jersey has some of the strictest gun laws in the country, but they can’t stop people from bringing weapons here from less regulated states. Almost three-quarters of guns recovered in New Jersey were purchased elsewhere, according to federal data released last year. To help stanch that flow, New Jersey will become the first...

CHEYENNE -- Some Wyoming lawmakers want to make certain that people accused of misdemeanor domestic violence realize that pleading guilty would cost them their federal gun rights. A bill drafted for the upcoming legislative session would require judges to inform defendants that a misdemeanor domestic violence conviction would cost them their gun rights. The bill would also classify misdemeanor domestic violence as a serious offense requiring defendants to have lawyers. Sen. Cale Case, R-Lander, is the bill's main sponsor. He was also the author of a 2004 state law that sought to establish a procedure for misdemeanor domestic violence convicts...

Tennessee Firearms Association, Inc.Legislative Action CommitteeI know of at least 3 FFL holders in parts of the state of Tennessee who are actively being pursued by ATF on license revocations and/or who have recently surrendered the license because its simply too expenses and to hard to fight ATF. I have been told there are many more. What I have seen is that this trend by the ATF is getting worse and will likely get much worse with Obama in control of the Executive Branch (and thus appointing the Attorney General) and with Pelosi and Reed in almost total control of...

Every year, the Bureau of Alcohol, Tobacco, Firearms and Explosives finds thousands of licensed gun dealers in violation of federal law, often for very minor problems. The agency, which conducts about 11,000 inspections a year, says it has come up with a way to eliminate many of those violations before they happen. Instead of filling out the required ATF paperwork by hand, gun buyers and dealers will now be able to complete what officials say is a fail-safe electronic version of the document, known as Form 4473. Speaking at a gun shop in Upper Marlboro where he announced the change,...

The Outdoor Wire has confirmed from confidential sources that the "transition team" for the Democratic candidate has already begun looking into the current approval system for firearms transactions. It seems the digital recordkeeping approval recently granted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has piqued their curiosity. With a virtual Form 4473 in existence, we should be on the lookout for a new record-keeping initiative that will "simplify" the hassles of off-site digital record storage by allowing FFLs to, say, store the information on secure governmental servers. Of course, the government will never access the information.

.O. Woman Gets New Gun To Replace One Taken During Katrina By The confiscated gun has yet to be returned, says Cong. Steve Scalise and the Gun Owners of America Wednesday, October 22, 2008 A New Orleans woman whose gun was confiscated by law enforcement officers in the days after Katrina, and who was injured during the incident at her home, got a brand new 38-caliber revolver Wednesday, courtesy of the Gun Owners of America. 61-year-old Patricia Konie says getting a new gun is a great idea because now she's more afraid of police than she was before. Konie says...

FOIA request 08-1494 Ms. Graham, In your final "final response" to my Freedom of Information Act (FOIA) request for "the documents and final determinations of the investigations" of the four closed investigations based on complaints made by myself or on my behalf. Due to the poor punctuation in the response I can only assume the BATFE disclosure division meant to cite the following, which BATFE contends is exempt from disclosure under the Title 5, United States Code, Section 552(b): b(5) inter-agency or intra-agency memoranda or letter which would not be available by law to a party other than an agency...

The new ATF 4473's are arriving at gun dealers around the country. The new yellow forms are supposed to be used no later than November 15. There is an important difference between the new forms and the old forms. The old forms only differentiated between "Long Gun" and "Handgun". The new forms have another category "Other" which covers stripped receivers. From the instructions that go with the new form: If a frame or receiver can only be made into a long gun (rifle or shotgun) it is still a frame or receiver not a handgun or long gun. However they...

BATFE Adds Theft To Its Crimes Gun Owners of America E-Mail Alert 8001 Forbes Place, Suite 102, Springfield, VA 22151 Phone: 703-321-8585 / FAX: 703-321-8408 http://www.gunowners.org Friday, October 17, 2008 Coloseum Software Corporation has developed software that will help dealers record all of the information that is unconstitutionally required by the federal government -- and to keep that information in a way that insulates them from bogus prosecutions at the hands of the Bureau of Alcohol, Tobacco, Firearms and Explosives (aka The Gang). The document that is most often involved in "gotcha" injustices is the Form 4473 which all customers...

BATFE Adds Theft to Its Crimes Friday, October 17, 2008 Coloseum Software Corporation has developed software that will help dealers record all of the information that is unconstitutionally required by the federal government -- and to keep that information in a way that insulates them from bogus prosecutions at the hands of the Bureau of Alcohol, Tobacco, Firearms and Explosives (aka The Gang). The document that is most often involved in "gotcha" injustices is the Form 4473 which all customers must fill out when buying from a licensed federal firearms dealer -- a requirement that is yet another unconstitutional imposition...

A federal judge decided Tuesday that Jim’s Gun Jobbery of Fayetteville and the Jim’s store in Wilmington can keep their licenses to sell firearms. Jim’s Gun Jobbery in Fayetteville and Jim’s Pawn & Gun in Wilmington sometimes violated regulations requiring dealers to closely track their inventory, U.S. District Judge Malcolm J. Howard said in his ruling. But he decided the violations were unintentional and made up only a tiny percentage of the stores’ sales since Jim Faircloth went into business in 1977. The Bureau of Alcohol, Tobacco and Firearms has been trying since 2005 to revoke the licenses of Jim’s,...

WASHINGTON - The ATF lost 76 weapons and hundreds of laptops over five years, the Justice Department reported Wednesday, blaming carelessness and sloppy record-keeping. ... "It is especially troubling that that ATF's rate of loss for weapons was nearly double that of the FBI and DEA, and that ATF did not even know whether most of its lost, stolen, or missing laptop computers contained sensitive or classified information," he added. ... Compared to weapons loss rates for the FBI and Drug Enforcement Administration, the ATF misplaced almost twice as many guns. ... The Justice Department's report can be found at:...

Affidavit failed to reveal 1st test showing rifle was semi-automatic The federal government allegedly suppressed evidence and edited a legal definition in a Wisconsin case against a man who ultimately was convicted of transferring a machine gun, according to an appeal document. WND reported earlier on the case against David Olofson, who has begun serving a 30-month prison term for his actions, even though his defense lawyers argued the AR-15 rifle he loaned to a friend was broken, not a machine gun. The Gun Owners of America launched a campaign to help support Olofson's family while he was serving time,...

In one of the first lower court rulings since the Supreme Court handed down the weakly-worded Heller Decision, a government restriction on firearms has been upheld. Steven Mullenix, a federal firearms licensee (FFL), was denied permission to import German WWII replica rifles by the notoriously anti-gun Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). The BATFE used arguments from the 1968 Gun Control Act to argue that the replica BD-44 held no "sporting purpose" and therefore Mr. Mullenix could not legally import them. In return Mullenix sued the BATFE for infringing upon his right to keep and bear arms, calling...

OSBI agents went to gun dealers and pawnshops to create a list of .40-caliber Glock owners. WELEETKA (OK) — Authorities working to narrow their leads in the June 8 shooting deaths of two girls used old-fashioned legwork to come up with a list of area gun owners with .40-caliber pistols, one of two weapons used in the slayings.Oklahoma State Bureau of Investigation agents knew the caliber of the guns used in the killings, so they merely checked with area gun dealers and pawnshops to determine who had bought or recently pawned .40-caliber Glocks. "It's a typical procedure of any investigation"...

"It's extremely irresponsible and most likely actionable negligence," Charlotte, North Carolina, attorney Monroe Whitesides tells me. The Board Certified Specialist in Criminal Law is talking about BATFE's treatment of competition shooter John Glover, who had seven firearms seized and was indicted for manufacturing an illegal machinegun. If convicted, Glover was in danger of federal prison. As part of his investigation, Whitesides accompanied firearms expert Len Savage, of Historic Arms LLC, to the Cabarrus County Sheriff's firing range. There, BATFE Agent Michael Cooney, who wrote the report declaring one of the seized rifles fired "automatically," set out to prove it on...