Posts Tagged ‘FBI agents’

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

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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
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(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

11 reasons why the elections in 2010 will be the most important in the history of the United States

March 21, 2010

By Dr. Ron Paul – U. S. Congressman

January  12, 2010

What would you say if I gave you 11 reasons why the elections in 2010 will be the most important in the history of the United States?

1.  What if I had told you in October 2008, before the last presidential election, that before Barack Obama’s first 100 days in office, the federal government would be in control of both the mortgage and the banking industries? That 19 of America’s largest banks would be forced to undergo stress tests by the federal government which would determine if they were insufficiently capitalized, so they must be supervised by the government?

Would you have said, “C’mon that will never happen in America.”

2.  What if I had told you that within Barack Obama’s first 100 days in office the federal government would be the largest shareholder in two of the US Big-Three automakers:  Ford, GM, and Chrysler? That the government would kick out the CEO’s of these companies and appoint hand-picked executives with zero experience in the auto industry and that executive compensation would be determined, not by a Board of Directors, but by the government?

Would you have said, “C’mon that will never happen in America.”

3.  What if I had told you that Barack Obama would appoint 21 Czars, without congressional approval, accountable only to him, not to the voters, who would have control over a wide range of US policy decisions. That there would be a Stimulus Accountability Czar, an Urban Czar, a Compensation Czar, an Iran Czar, an Auto Industry Czar, a Cyber Security Czar, an Energy Czar, a Bank Bailout Czar, and more than a dozen other government bureaucrats with unchecked regulatory powers over US domestic and foreign policy.

Would you have said, “Cmon that will never happen in America.”

4.  What if I had told you that the federal deficit would be $915 billion in the first six months of the Obama presidency – with a projected annual deficit of $1.75 trillion – triple the $454.8 billion in 2008, for which the previous administration was highly criticized by Obama and his fellow Democrats. That congress would pass Obama’s $3.53 trillion federal budget for fiscal 2010. That the projected deficit over the next ten years would be greater than $10 trillion.

Would you have said, “Cmon that will never happen in America.”

5.  What if I had told you that the Obama Justice Department would order FBI agents to read Miranda rights to high-value detainees captured on the battlefield and held at US military detention facilities in Afghanistan. That Obama would order the closing of the Guantanamo detention facility with no plan for the disposition of the 200-plus individuals held there. That several of the suspected terrorists at Guantanamo   would be sent to live in freedom in Bermuda at the expense of the US Government. That some of our returning US Veterans would be labeled terrorists and put on a watch list.

Would you have said, “Cmon that will never happen in America.”

6.  What if I had told you that the federal government would seek powers to seize key companies whose failures could jeopardize the financial system. That a new regulatory agency would be proposed by Obama to control loans, credit cards, mortgage-backed securities, and other financial products offered to the public.

Would you have said, “Cmon that will never happen in America.”

7.  What if I had told you that Obama would travel to the Middle East, bow before the Saudi king, and repeatedly apologize for America’s past actions. That he would travel to Latin America where he would warmly greet Venezuela’s strongman Hugo Chavez and sit passively in the audience while Nicaraguan Marxist thug Daniel Ortega charged America with terrorist aggression in Central America.

Would you have said, “Cmon that will never happen in America.”

8.  Okay, now what if I were to tell you that Obama wants to dismantle conservative talk radio through the imposition of a new “Fairness Doctrine.” That he wants to curtail the First Amendment rights of those who may disagree with his policies via internet blogs, cable news networks, or advocacy ads. That most major network television and most newspapers will only sing his phrases like state-run media in communist countries?

Would you say, “Cmon that will never happen in America.”

9.  What if I were to tell you that the Obama Justice Department is doing everything it can to limit your Second  Amendment rights to keep and bear arms. That the federal government wants to reinstate the so-called assault weapons ban which would prohibit the sale of any type of firearm that does not require the shooter to pull the trigger every time a round is fired. That Obama’s Attorney General wants to eliminate the sale of virtually all handguns and ammunition, which most citizens choose for self-defense.

Would you say, “Cmon that will never happen in America.”

10.  What if I were to tell you that the Obama plan is to eliminate states rights guaranteed by the Tenth Amendment and give the federal government sweeping new powers over policies currently under the province of local and state governments and voted on by the people. That Obama plans to control the schools, energy production, the environment, health care, and the wealth of every US Citizen.

Would you say, “C’mon, that will never happen in America.”

11.  What if I were to tell you that the president, the courts, and the federal government have ignored the US Constitution and have seized powers which the founders of our country fought to restrict. That our last presidential election may have been our last truly free election for some time to come. That our next presidential election may look similar to the one recently held in Iran.  (And maybe under review by ACORN.)

I know – I know what you will say. That will never happen in America .

Hopefully you realize the significance of taking the census away from the Commerce Department and placing it under the White House, where Acorn has been given broad authority to manage it.

“The 2010 election cycle is just around the corner. We must redouble our efforts to educate our fellow citizens, recruit and support liberty candidates, and marshal our resources for the battle ahead.” – Ron Paul

You Can’t Make The Wind Blow, But You Can Set Your Sails In Preparation….

A couple of years ago, I would’ve laughed this kind of writing off as “conspiracy theorist” stuff.  Today, I look in disbelief at how quickly all of this has happened and am AMAZED at how the Constitution is completely disregarded while we all watch our Country being dismantled before our eyes!  I believe this is all true.  Watch closely and be alert!  Be ready to defend our 1st and 2nd Amendment rights.  It will be subtle, like the so-called “Fairness Doctrine”.  Scary, indeed!


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