
I hope they liked the articles...
"A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed."
Gun Banners Try New Tactic on Dealers; BATF Aims to Bankrupt Honest Sellers
By Mark Anderson
A tyrannical trend has rocked the world of Second Amendment supporters. The oldest still-operating gun store in Idaho, Red’s Trading Post in Twin Falls, is being targeted by the Bureau of Alcohol, Tobacco and Firearms (ATF), a relic from the days of Prohibition that is setting its sights on law-abiding firearms sellers, nitpicking over clerical errors to wage a war of attrition.
More troubling still is the fact that this appears to be part of an organized campaign to force gun dealers out of business across the country.
On March 5, 2007, Red’s license to acquire firearms was to be revoked. However, for the time being, in accordance with a federal judge’s injunction in favor of Red’s, the store can continue selling firearms as it has done for the last 71 years. Red’s first opened its doors in 1936, under the management of a great grandfather of Ryan Horsley, a current owner.
U.S. attorneys currently are asking U.S. District Judge Edward Lodge to terminate his May 2 injunction that allowed Red’s to continue full operations.
“We’ve spent $70,000 [on legal fees] so far . . . and there’s still no court date,” Horsley told American Free Press on July 11. He believes the ATF and U.S attorneys want to avoid setting a court date since the feds might lose the case and receive unwanted publicity.
Their tactic appears to be: Find clerical glitches, if any, make court filings and exhaust Red’s finances.
“They’re trying to win by attrition,” said Horsley, adding that every legal rebuttal to the citations from each ATF visit costs the store $5,000 to $6,000.
In granting the injunction, Lodge noted: “The ATF speaks of violations found during the inspections of 2000 and 2005, but fails to reveal that additional investigations in 2001 and 2007 revealed no violations or problems.”
He also acknowledged Red’s statement that ATF is exaggerating Red ’s conduct by “double counting” certain violations. The judge also looked at the balance of the ATF’s hardship compared to Red’s hardship and found that the relative hardships tip sharply in the store’s “favor.”
“A 2004 audit by the ATF claims to have uncovered several minor clerical errors. Out of nearly 10,000 firearms transferred between 1996 and 2004, the alleged error rate found was not even a full percentage point. There were no missing firearms, and no willful illegal acts,” notes a statement from Red’s web site.
“This is not just happening to us though and is becoming a common trend throughout the United States.”
DETAILS, DETAILS
Horsley, who said the feds are using a 2005 audit to go after the store, recalled the contradictory and capricious way ATF agents conducted themselves that year.
He explained that he was first told the store’s files should be kept “pretty much alphabetically” but in date-of-purchase chronological order within each letter (A, B C, and so on, according to the buyer’s last name).
Sometime later, ATF agents looked at the same files and did not cite the store with violations.
But during a third inspection, Horsley related that ATF agents told him, “We’re writing you up for not having them in perfect alphabetical order,” meaning that the chronology suddenly no longer matters.
According to Horsley, who worked directly with ATF personnel, the supervisors can overrule the inspectors and re-interpret policies in the process—the very policies used to determine what constitutes a violation.
So the law enforcement agency fiddles with the law, in essence rewriting it to suit its needs at a given time, said Horsley.
He added that when the ATF came in during 2005, the store was cited for not having posters and pamphlets that state handguns are dangerous to children and for not making sure gun buyers indicated their county of residence on government forms used for cataloging firearms purchases.
“We had a 99.6% success rate for the 2005 audit,” Horsley told AFP. He added that another detail raised by ATF agents was whether a box was checked on the forms indicating the type of gun that was purchased (handgun, long gun, or whatever).
One form did not have the box checked. “They searched through 10,000 forms and found one violation of that,” he said. Not having the right literature in the store and the unmarked box on a form prompted agents to designate Red’s as “a threat to public safety,” hence the continuing legal action against the store. Lodge, however, shot back that the store is not a threat to public safety.
A key thing in the law is the word “willful,” said Horsley. The ATF must prove applicable laws were willfully violated as opposed to the few inadvertent oversights and errors that occurred at Red’s.
LARGER CAMPAIGN?
Some say the ATF, while it seems to just be nitpicking over T’s not crossed and I’s not dotted, is actually engaging in a campaign to close gun stores across the country, especially since other approaches, such as cities and other entities suing gun manufacturers and distributors to pin the blame on them when guns are misused, have not worked.
Horsley cited Violence Policy Center (VPC) figures that showed an 80% decline in the number of new federally licensed firearms dealers from 1994-2005. And the ATF’s own figures, he said, show that between 2001 and 2006 revocations of federal firearms licenses, or FFLs, shot up to a rate six times above the norm.
A March 2006 VPC press release noted: “The number of gun dealers in America has dropped by 190,726 since 1994 according to a new study released . . . by the VPC.
The study found that the number of Type 1 FFLs plummeted 78% from 245,628 in 1994 to 54,902 in 2005.”
The Type 1 FFL is the basic federal license required to sell guns in America.
A competitor in Twin Falls, Blue Lakes Sporting Goods was forced out of business in the same manner; however ATF agent Richard Van Loan never allowed the store to appeal the ATF’s decision. It was not until the urging of Sen. Larry Craig (R-Idaho) that Blue Lakes was allowed to have an appeal, but by then they were in the middle of their “going out of business sale,” Horsley noted.
Red’s Trading Post is at 215 Shoshone St. S., Twin Falls, ID 83301. Phone: 208-733-3546.
"Setting the record straight about firearms trace data
By MICHAEL J. SULLIVAN
Monday, April 30, 2007
During the past several weeks, numerous questions and articles have arisen in the media, regarding the ability of the Bureau of Alcohol, Tobacco, Firearms and Explosives to share firearms trace data among members of the law-enforcement community. With the recent tragic events surrounding the senseless criminal use of firearms; I felt the need to clarify this important issue.
Firearms trace data is critically important information developed by ATF to assist state and local law-enforcement in investigating and solving violent crimes. This data tracks the transfer of a firearm from the manufacturer to the gun's first purchaser, and can assist law enforcement in ultimately pinpointing the individual who used the gun to commit a particular crime.
During the investigation of the recent Virginia Tech incident, ATF provided the Virginia State Police (VSP) with trace information that allowed the VSP to determine where and from whom Seung-Hui Cho purchased the two handguns he used in the shootings. Firearms trace information was also used to solve a theft of 22 firearms from a security service in Atlanta that were subsequently purchased by an undercover police officer on the streets of New York.
ATF considers this information law-enforcement-sensitive because it is often the first investigative lead in a case. We treat it no differently than fingerprint matches and other crime-scene information, since disclosure outside of law enforcement can tip off criminals to the investigation, compromise cases and endanger the lives of undercover officers, witnesses and confidential sources.
Our agency routinely shares trace data with state and local law-enforcement agencies in support of investigations within their respective jurisdictions. Once a requesting agency receives law-enforcement-sensitive trace data from ATF, it becomes the agency's data to disseminate and share with other law-enforcement entities as it deems appropriate.
Let me be clear: neither the congressional language nor ATF rules prohibit the sharing of trace data with law enforcement conducting criminal investigations, or place any restrictions on the sharing of trace data with other jurisdictions once it is in the hands of state or local law enforcement. In fact, multi-jurisdictional trace data is also utilized by ATF and shared with fellow law-enforcement agencies to identify firearm-trafficking trends and leads. Additionally, nothing prohibits ATF from releasing our own reports that analyze trace-data trends that could be used by law enforcement.
ATF has a proud tradition of supporting its law-enforcement partners at every level of government. We will continue to provide them with the information they need to protect our communities from individuals who would use firearms to further illegal activity. Congress has recognized ATF's crucial role in that investigative process and has protected our ability to share that sensitive data with law enforcement. The restriction did nothing more than to codify ATF's longstanding policy of sharing trace data with other law-enforcement agencies for the purpose of conducting a criminal investigation.
Our priority will continue to be to release trace data in a manner consistent with our longstanding policy, and to support the over 17,000 federal, state, local and foreign law-enforcement agencies that avail themselves of this crucial tool.
(Michael J. Sullivan is acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice.)"