Posts Tagged ‘prison’

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

Why did Bernie Madoff go to prison?

October 25, 2010

Why did Bernie Madoff go to prison?

So simple a caveman could understand. To make it simple, he talked people into investing with him. Trouble was, he didn’t invest their money.  As time rolled on he simply took the money from the new investors to pay off the old investors.  Finally there were too many old investors and not enough money from new investors coming in to keep the payments going.

Next thing you know Madoff is one of the most hated men in America and he is off to jail.  Some of you know this, but not enough of you.

Madoff did to his investors what the government has been doing to us for over 70 years with Social Security.  There is no meaningful difference between the two schemes, except that one was operated by a private individual who is now in jail, and the other is operated by politicians who enjoy perks, privileges and status in spite of their actions.

Do you need a side-by-side comparison here?  Well here’s a nifty little chart.

BERNIE MADOFF SOCIAL SECURITY
Takes money from investors with the promise that the money will be invested and made available to them later. Takes money from wage earners with the promise that the money will be invested in a “Trust Fund” and made available later.
Instead of investing the money Madoff spends it on nice homes in the Hamptons and yachts. Instead of depositing money in a Trust Fund the politicians use it for general spending and vote buying.
When the time comes to pay the investors back, Madoff simply uses some of the new funds from newer investors to pay back the older investors. When benefits for older investors become due the politicians pay them with money taken from younger and newer wage earners to pay the geezers.
When Madoff’s scheme is discovered all hell breaks loose. New investors won’t give him any more cash. When Social Security runs out of money they simply force the taxpayers to send them some more.
Bernie Madoff is in jail. Politicians remain in Washington.

“The taxpayer: That’s someone who works for the federal government but doesn’t have to take the civil service examination.”   Ronald Reagan

“If you put the federal government in charge of the Sahara Desert, in five years there’d be a shortage of sand.”      Milton Friedman

PASS THIS ON!

WARNING — Freedom To Carry Doesn’t Start Until July 29

June 27, 2010

Constitutional Carry (also called Freedom To Carry or Vermont-style carry) doesn’t begin until July 29, 2010. Terrible news reporting has given many people the mistaken impression that you no longer need a government permission slip to carry a sidearm discreetly. You will be arrested and convicted if you try that now and are found. You MUST wait until the law takes effect on the same day as SB 1070, the illegal-immigration bill (what the “news” media calls the harsh new controversial immigration law).

Arizona will be under an enormous spotlight at that time due to the effort to halt illegal immigration by law. If not for that bill, we would be under the spotlight for daring to let law-abiding citizens exercise the right to keep and bear arms without prior government permission and taxation (and multiple tests, applications, classes, fingerprints, criminal-database listings, approvals, plastic-coated permission slips and expiration dates).

That government version of “rights” dissolves on July 29, and the media insanity it would normally attract will be overlooked entirely as the pack media aims solely at efforts to halt the invasion the state faces at its southern border. Opponents call invasion resistance “racism,” because most of the invaders are of one recognizable race, a foolish idea when you think about it. All too often, people who charge racism are themselves the racists. Arizona has nothing to do with the millions who decided to invade our nation.

A confidential police source reveals that law-enforcement officials expect “Amateur Hour” when the new law takes effect, with bozos waving guns around and generally acting stupidly with their new-found rights. Prove them wrong. Act as responsibly with discreet carry as the state has been with open carry, in effect since statehood in 1912.

Note that the olden concealed-carry law, with all its baggage and costs, remains in full effect. You can still take the classes, get the permission slip, and use it for state-to-state reciprocity, shopping without a NICS background check (since you’re permanently monitored in the criminal databases), and eat in restaurants that serve alcohol, if the restaurant has posted no civil-rights-denial signs to keep your kind out, and you don’t drink while there.

Newcomers to discreet carry (the term “concealed” carry is a derogatory slap that implies something to hide and illicit behavior, and hence is disdained) should remember these–

Gun-safety rules for self defense:

1. If you ever shoot a person in self defense you must then defend yourself against execution for murder.

2. When you drop the hammer you are cashing in your life savings
for your lawyer’s retainer. Avoid this unless your life depends on it.

3. It’s always better to avoid a gunfight than to win one.

4. If innocent life doesn’t immediately depend on it, don’t shoot. And if it does, don’t miss.

5. If you draw, show or mention your gun in the wrong way or at the wrong time, you go to prison for a long time, after enormous hassle and your life savings are depleted.

Learn the rest — take an Arizona class.
And get The Arizona Gun Owner’s Guide
http://www.gunlaws.com/agog.htm
(includes an update on the new law.)

Guns and Laws – Think it can’t happen here?

February 26, 2010

You’re sound asleep when you hear a thump outside your bedroom door.  Half-awake, and nearly paralyzed with fear, you hear muffled whispers. At least two people have broken into your house and are moving your way. With your heart pumping, you reach down beside your bed and pick up your shotgun. You rack a shell into the chamber, then inch toward the door and open it. In the darkness, you make out two shadows.

One holds something that looks like a crowbar. When the intruder brandishes it as if to strike, you raise the shotgun and fire. The blast knocks both thugs to the floor. One writhes and screams while the second man crawls to the front door and lurches outside. As you pick up the telephone to call police, you know you’re in trouble. In your country, most guns were outlawed years before, and the few that are privately owned are so stringently regulated as to make them useless.  Yours was never registered…

Police arrive and inform you that the second burglar has died. They arrest you for First Degree Murder and Illegal Possession of a Firearm.

When you talk to your attorney, he tells you not to worry: authorities will probably plea the case down to manslaughter.

“What kind of sentence will I get?” you ask.

“Only ten-to-twelve years,” he replies, as if that’s nothing. “Behave yourself, and you’ll be out in seven.”

The next day, the shooting is the lead story in the local newspaper. Somehow, you’re portrayed as an eccentric vigilante while the two men you shot are represented as choirboys. Their friends and relatives can’t find an unkind word to say about them. Buried deep down in the article, authorities acknowledge that both “victims” have been arrested numerous times.  But the next day’s headline says it all: “Lovable Rogue Son Didn’t Deserve to Die.”

The thieves have been transformed from career criminals into Robin Hood-type pranksters. As the days wear on, the story takes wings. The national media picks it up, then the international media. The surviving burglar has become a folk hero.

Your attorney says the thief is preparing to sue you, and he’ll probably win. The media publishes reports that your home has been burglarized several times in the past and that you’ve been critical of local police for their lack of effort in apprehending the suspects. After the last break-in, you told your neighbor that you would be prepared next time. The District Attorney uses this to allege that you were lying in wait for the burglars.

A few months later, you go to trial. The charges haven’t been reduced, as your lawyer had so confidently predicted.  When you take the stand, your anger at the injustice of it all works against you.  Prosecutors paint a picture of you as a mean, vengeful man.  It doesn’t take long for the jury to convict you of all charges. The judge sentences you to life in prison.

This case really happened.

On August 22, 1999, Tony Martin of Emneth, Norfolk, England, killed one burglar and wounded a second.  In April, 2000, he was convicted and is now serving a life term.

How did it become a crime to defend one’s own life in the once great British Empire?

It started with the Pistols Act of 1903.

This seemingly reasonable law forbade selling pistols to minors or felons and established that handgun sales were to be made only to those who had a license.

The Firearms Act of 1920 expanded licensing to include not only handguns but all firearms except shotguns. Later laws passed in 1953 and 1967 outlawed the carrying of any weapon by private citizens and mandated the registration of all shotguns.

Momentum for total handgun confiscation began in earnest after the Hungerford mass shooting in 1987. Michael Ryan, a mentally disturbed man with a Kalashnikov rifle, walked down the streets shooting everyone he saw. When the smoke cleared, 17 people were dead.

The British public, already de-sensitized by eighty years of “gun control”, demanded even tougher restrictions. (The seizure of all privately owned handguns was the objective even though Ryan used a rifle.)

Nine years later, at Dunblane, Scotland, Thomas Hamilton used a semi-automatic weapon to murder 16 children and a teacher at a public school.

For many years, the media had portrayed all gun owners as mentally unstable or worse, criminals. Now the press had a real kook with which to beat up law-abiding gun owners. Day after day, week after week, the media gave up all pretense of objectivity and demanded a total ban on all handguns. The Dunblane Inquiry, a few months later, sealed the fate of the few sidearms still owned by private citizens.

During the years in which the British government incrementally took away most gun rights, the notion that a citizen had the right to armed self-defense came to be seen as vigilantism. Authorities refused to grant gun licenses to people who were threatened, claiming that self-defense was no longer considered a reason to own a gun. Citizens who shot burglars or robbers or rapists were charged while the real criminals were released.

Indeed, after the Martin shooting, a police spokesman was quoted as saying, “We cannot have people take the law into their own hands.”

All of Martin’s neighbors had been robbed numerous times, and several elderly people were severely injured in beatings by young thugs who had no fear of the consequences. Martin himself, a collector of antiques, had seen most of his collection trashed or stolen by burglars.

When the Dunblane Inquiry ended, citizens who owned handguns were given three months to turn them over to local authorities.  Being good British subjects, most people obeyed the law. The few who didn’t were visited by police and threatened with ten-year prison sentences if they didn’t comply. Police later bragged that they’d taken nearly 200,000 handguns from private citizens.

How did the authorities know who had handguns? The guns had been registered and licensed. Kind of like cars. Sound familiar?

WAKE UP AMERICA; THIS IS WHY OUR FOUNDING FATHERS PUT THE SECOND AMENDMENT IN OUR CONSTITUTION.

“…It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds…” — Samuel Adams

If you think this is important, please forward to everyone you know.

You had better wake up, because your new president is going to do this very same thing over here if he can get it done. And there are stupid people in congress and on the street that will go right along with him.


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