Posts Tagged ‘due process’

BATFE To Issue “Demand Letter” To Dealers This Week

July 26, 2011

FOR IMMEDIATE RELEASE

BATFE To Issue “Demand Letter” To Dealers This Week

Multiple Rifle Sales Reports to Begin on August 14

Prior Belief That Executive Order Would “Enact” This Was In Error

FBI May Be Implicated in BATFE Gun Smuggling Program

NICS System Allowed Prohibited Sales

PHOENIX — July 25, 2011
by Alan Korwin
The Uninvited Ombudsman
Full contact info at end

According to four BATFE agents familiar with the planned Fast and Furious gun-smuggling “fix,” the bureau plans to release a “demand letter” by the end of this week, insisting that gun dealers in the four Mexico-border states begin reporting multiple rifle sales to the bureau.

All multiple rifle sales made to the same buyer within a five-day period will have to be reported beginning on August 14, on a form to be announced, according to the agents. The order will exclude rifles in .22 caliber, and rifles without detachable magazines. The agents acknowledged that congressional action, lawsuits, an injunction or other court orders might forestall the implementation of the hastily concocted scheme. Such preventive measures are already underway.

The rumored executive order to require gun dealers in California, Arizona, New Mexico and Texas to begin reporting multiple rifle sales to BATFE will not be issued. A previous Page Nine report that referred to the expected EO now appears incorrect. It is possible that the uproar over the program caused the administration to change its approach, and put all the heat on BATFE to “enact” law without Congress. The EO was widely reported and anticipated.

An exhaustive examination of statutory authority under which BATFE is required to operate revealed no legitimate power to demand these records, though the agents claimed they do have authority (two younger ones said they have no control over the process, and were simply following along). When questioned if they would consider resigning if asked to implement an illegally introduced rule, the agents all either declined to answer or said no, they would not resign.

Because a buyer will have to be identified to show that the sales reflect purchase by one person, the record collections will be a gun registry tied to gun ownership, which is strictly forbidden under federal law. No requirement to destroy these records exists, since no authority to collect the records exists. The BATFE agents said they would not be keeping the records, because they “lack authority,” but could not identify a time frame in which the registry information would be destroyed, or any audit trail.

When pressed, the senior official identified a statute that supposedly conveyed authority for the daring plan. The citation is to 18 USC §923(g)(5)(A) which states:

“Each licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attorney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Attorney General in such letter may specify.”

This does not confer the needed authority, because “all record information required to be kept by this chapter” does not include multiple sales of long guns to the same person in a five-day period. The agent disagreed. In fact, Congress specifically excluded such information when it enacted, by due process, a statute requiring similar information for handguns in the same law, in 18 USC §923(g)(3)(A):

“Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more, to an unlicensed person.”

In addition to the creation of this illegal reporting requirement, illegal gun-owner registry, with unknown details and no public control over the rule-making process, it amounts to record keeping specifically banned under the Firearm Owners Protection Act, 18 USC §926(a)(2):

“No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act [5/19/86] may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established.”

Like so many laws the federal government writes, this one declares that these acts cannot legally be done, but provides no specific punishment for perpetrators, such as those running this scheme inside BATFE. Laws could be written with teeth, to control bureaucrats. Instead of saying, “No one may collect this information,” the law could say, “Anyone who collects this information shall go to prison and pay a fine.” Given the common abuses now prevalent in government, such laws have been needed for a long time, on a state and local level as well as federally, some legislators say. Any legislator unwilling to draft laws that way, allowing “officials” to do whatever they please without consequence, deserves to be removed from office, according to leading experts.

FBI Implicated in Gun-Smuggling Operation

In other news, an insider source investigating BATFE’s gun smuggling to vicious Mexican drug cartels, reveals that several of the so-called “straw purchasers” were prohibited possessors, or had suspended drivers’ licenses and other problems that should have prevented them from passing the NICS background check.

Three of the straw purchasers, now indicted, had criminal histories, including a pending class 3 felony charge for burglary, an order of protection, a domestic-violence conviction, and a felony for resisting
arrest, later reduced (and criminal damage charge dropped). Any of these should have prevented, or at least delayed purchases when they hit the FBI NICS computer. One defendant even had a CCW permit, under circumstances that seem suspicious but remain unclear.

Whistleblower BATFE agent John Dodson apparently indicated that the NICS system had these buyers flagged for special treatment, and that when a sale request came through, it was routed to a special FBI office that approved the purchases, according to William La Jeunesse at FOX News. Dodson’s prior statements are absolutely incriminating, and riveting: http://www.cbsnews.com/stories/2011/03/03/eveningnews/main20039031.shtml

This implies that the FBI may have been complicit in the scheme, allowing BATFE’s mules to get possession of guns when they should have been blocked. How people with disqualifying criminal records or a suspended driver’s license could have repeatedly gotten through the tightly run NICS system is difficult to otherwise explain.

Some of the buyers were young adults living at home with parents, and with no visible means of support. How they got the tens of thousands of dollars in cash they repeatedly spent has not yet been investigated, but is sure to come out. The tax and IRS angles are also missing from all reports, so far.

IRS is often vigorous on tracking down unreported income and huge cash transactions, but is not involved as far as published reports go. BATFE installed video cameras at some of the gun shops and have the straw-purchase smugglers’ transactions recorded.

No information is available on how the data BATFE hopes to collect will be used to prevent gun smuggling. Since the information will be gathered by the very bureau responsible for smuggling guns into Mexico, confidence in the scheme is very low. BATFE claims the scheme will generate 18,000 records per year, but how they could possibly know that is unclear, since this is illegal and has never been done before.

Congressional hearings on the BATFE gun-smuggling program continue tomorrow, Tuesday, July 26, 2011, 10 a.m. East coast time, 7 a.m. here in Arizona. The effect on the gun reporting and registration scheme, if any, is impossible to determine ahead of time.

Tangential but important —

According to Wikipedia, BATFE has digitized out-of-business records from gun dealers, with several hundred million records in its hands:

4. Out of Business Records. Data is manually collected from paper Out-of-Business records (or input from computer records) and entered into the trace system by ATF. These are registration records which include name and address, make, model, serial and caliber of the firearm(s), as well as data from the 4473 form — in digital or image format. In March, 2010, ATF reported receiving several hundred million records since 1968. [9] http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

::::

One final note —

BATFE began circulating a flier at the Crossroads of the West gun show in Phoenix this past weekend, the state’s biggest gun show, threatening gun owners with arrest if they bear arms within 1,000 feet of a school.

Virtually all populated areas are within 1,000 feet of a school.

The gun-free-school-zones act, a feel-good do-nothing law passed by President Clinton, has languished basically unused for two decades, but essentially criminalizes almost all gun owners, creating tens of millions of unenforceable felonies daily. If Mr. Obama wants an under-the-radar gun ban, here it is on a platter, already on the books. This law MUST be dealt with by our legislators, and right quick.

The Crossroads gun show takes place within 1,000 feet of a school zone.

See the maps, and the simple amendment that would correct this travesty. http://www.gunlaws.com/Gun_Free_School_Zones.htm

This is a special report from The Uninvited Ombudsman, Alan Korwin, author of the Page Nine news media watchblog. http://www.gunlaws.com/PageNineIndex.htm

Sign up for direct email reports yourself http://www.gunlaws.com

Permission to circulate this report granted.

Alan Korwin
Bloomfield Press
“We publish the gun laws.”
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
http://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for free full-color catalog
(This is our address and info as of Jan. 1, 2007)

“Don’t be a spectator in the struggle to preserve freedom.”

“No one could make a greater mistake than he who did nothing
because he could do only a little.”
–Edmund Burke

Public sentiment is everything.
With public sentiment, nothing can fail.
Without it, nothing can succeed. –Abraham Lincoln

Second Amendment Decided Tomorrow

June 27, 2010

Time is up for the U.S. Supreme Court to issue its decision in the monumental gun-rights case, McDonald v. Chicago. The case basically asks the question, “Do the states have to obey the Second Amendment right of the people to keep and bear arms?” As originally written, the Bill of Rights was a limit on federal power only. However, under the 14th Amendment of 1868, the states were gradually brought under the control of the Bill of Rights, one small piece at a time, by Supreme Court decisions.

Chicago (and hence Illinois, along with many other localities around the nation) have basically thumbed their noses at the right to keep and bear, and hence this case to determine whether local governments can do that, or whether they are obligated to respect the rights, due process, privileges and immunities, and equal protection of all Americans. June 28 marks the end of the High Court’s season, and as expected, they’ve waited until the last day for this blockbuster. The decision will come sometime after 7 a.m. Arizona time (10 a.m. in D.C.). Pro-rights advocates are waiting to see the word “Reversed,” meaning the lower court ruling that says you have no rights is overturned, and the states are bound by 2A. Anti-rights advocates hope to see “Affirmed,” meaning Chicago can continue to deny the right to keep and bear arms to anyone in the city, as it sees fit.

A word of caution — “news” outlets will race to report on the decision, which past experience has shown will be highly inaccurate, replete with misunderstandings and bad characterizations, deliberate distortions (like, the world will end thanks to the decision), and blatant spin (we’re doomed, what is the Supreme Court doing to us, what about crime — whichever way the decision goes). They will likely get the headline right (affirmed or reversed) and summarize the unofficial non-binding summary (called the syllabus, published at the head of each case).

But keep in mind it will be impossible to read and comprehend the thick pages of legaleses that are the decision, when a well groomed talking head with little understanding of firearms policy or High Court procedure talks to you within five minutes of the decision coming out. See how they did this in words and pictures http://www.gunlaws.com/SCGC-HellerPhotos4.htm in the previous case, from my detailed account in Heller http://www.gunlaws.com/hc.htm. I will release a detailed evaluation and analysis of McDonald, after conferring with experts nationwide, after enough time to do the legwork. Watch for it.

The Truth About the Health Care Bills

January 12, 2010

A retired Constitutional lawyer has read the entire proposed healthcare bill. Here is his summary. Do your own analysis. See if you agree or disagree.  There is information below if you wish to research the background of this message.  Please take the bit of time required to read this.

The Truth About the Health Care Bills – Michael Connelly, Ret. Constitutional Attorney

Well, I have done it!  I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law.  I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying.  The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system.  All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals.  Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.

However, as scary as all of that is, it just scratches the surface.  In fact, I have concluded that this legislation really has no intention of providing affordable health care choices.  Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated  If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government.  The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.

The irony is that the Congress doesn’t have any authority to legislate in most of those areas to begin with!  I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare (direct violation of the specific provisions of the 4th Amendment to the Constitution) information, your personal financial information, and the information of your employer, physician, and hospital.  You can also forget about the right to privacy.  That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.

If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn’t work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.

So, there are three of those pesky amendments that the far left hate so much, out of the original ten in the Bill of Rights, that are effectively nullified by this law It doesn’t stop there though.

The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;

The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.  Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea.  This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to “be bound by oath or affirmation to support the Constitution.” If I were a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation.  If I voted for it anyway, I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us.

Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas

AFTER HAVING READ THIS,  PLEASE FORWARD….

WE MUST HOLD CONGRESS ACCOUNTABLE BEFORE IT IS TOO LATE.

Richard Slemaker

Publisher Medicine Magazine

3733-1 Westheimer Road, Suite 1020

Houston, Texas 77027-5226

USA

WEB: www.medicinemagazine..us

www.medicine-magazine.com

Email: rwsiii@worldmediaplace.com

This is the scariest stuff imaginable.  We are the biggest dupes in the world if we don’t get rid of this cancer.


%d bloggers like this: