Bloomberg Part II (C & P)
JamesRK note: This guy gets a little wordy. The best parts are near the bottom.
Copied from THE BULLET, The official publication of the Virginia Shooting Sports Association, March/April 2007
PRESIDENT'S COLUMN
Bloomberg Part II
Last issue I wrote about New York Mayor Michael Bloomberg's attack on "mom and pop" firearms dealers he believes are the source of firearms for criminals in New York. I detailed how Bloomberg and a group of anti-gun mayors have created a scheme to entrap licensed firearms dealers by sending in private investigators to make "straw purchases." These operations have been conducted outside the realm of law enforcement and in fact in none of the cases was law enforcement made aware of the activities until Bloomberg held his press conferences to announce the law suits.
I would like to update you on the latest developments. But before I get started, I would like to clear any confusion that may have been caused by my last article.
In that article, I used the term "straw purchases" without explaining what that term means. I incorrectly presumed that everyone understood that term and would thus know what a so-called "straw purchase" is. For those of you who were scratching your head wondering what I was talking about, I apologize. I have spent much of my professional life in the political arena and sometimes use terminology without remembering that not everyone has that point of reference.
A "straw purchase" is when someone uses a go-between or intermediary (the "straw purchaser") to buy one or more firearms from a licensed firearms dealer. The purpose is to hide the identity of the true purchaser or ultimate possessor of the firearm(s) because the true purchaser is someone who is prohibited from owning a firearm. The anti-gun crowd focuses on "straw purchases" as their reason for trying to regulate private sales of firearms at gun shows (the so-called "gun show loop-hole").
Since the last issue of the Bullet was published, Bloomberg and 27 of his band of merry men met in Washington, DC, to urge congress to pass several gun control measures. One particular target of Bloomberg and his group, "Mayors Against Illegal Guns" (www.mayorsagainstillegalguns.org), is what is known as the "Tiahrt Amendments."
The "Tiahrt Amendments" are a series of attachments or "riders" to the appropriations bill that funds the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). The amendments are sponsored by Rep. Todd Tiahrt (R-Kan.). Cities suing the gun industry and anti-gun organizations have sought access to confidential law enforcement data on firearms traces. BATFE compiles these records when it traces firearms in response to requests from law enforcement agencies. The Tiahrt Amendments are aimed at limiting access to this data. Every year since 2003, the U. S. Congress has passed increasingly strong language to keep this information confidential.
There are good reasons for keeping this information confidential, and for strengthening the Tiahrt Amendment and making it permanent. First, releasing the information serves no useful purpose. The Congressional Research Service has repeatedly said "firearm trace data may be biased" and "cannot be used t test for statistical significance between firearm traces in general and the wider population of firearms available to criminals or the wider American public.
Second, traced guns aren't always "crime guns"; firearms may be traced for reasons unrelated to any armed crime. The BATFE trace request form lists "crime codes" for traffic officers and election law violations, among many others.
Third, and contrary to deliberate misinformation being spread by Bloomberg and his gun ban friends, trace information remains available for law enforcement use. The FY 2007 version of the Tiahrt amendment ensures that trace data is available to federal, state, and local agencies "in connection with and for use in bona fide criminal investigation or prosecution" or for use in administrative actions by BATFE--which is, of course, the principal agency responsible for overseeing the conduct of federally licensed firearms dealers.
Fourth, the language and history of the Gun Control Act are clear. Congress always intended to keep the information confidential, and to allow its use only for legitimate law enforcement purposes. The firearms trace database includes information such as the agency requesting a gun trace, the location from which the gun was recovered, and the identity of the dealer and original retail buyer.
Most important, both BATFE and the Fraternal Order of Police oppose release of trace data. In fact, BATFE has fought for years in the federal courts to keep the databases confidential, because they contain information (such as names of gun buyers) that could jeopardize ongoing investigations--not to mention law enforcement officers' lives. For example, a suspected gun trafficker could search databases for manes of "straw purchasers" he had used to buy handguns, or for traces requested on guns he had sold. That information could lead him to names of officers, informants and other witnesses against his crimes.
Finally, even the current language has allowed too many disclosures of sensitive information. For instance, anti-gun groups and the media have repeatedly received confidential trace data from government "leaks." And Judge Jack Weinstein, the gun ban lobby's favorite judge located in Brooklyn and who presides over New York City's lawsuit against the firearms industry, has "creatively" ruled that the riders do not protect the information that Congress so clearly intended to protect.
Bloomberg and his group want to use this data to expand the targets of their law suits. Their purpose is to limit the availability of firearms to people like you and me. Already their actions have had a chilling affect here in Virginia. Franklin Rod and Gun in Rocky Mount has been in business for over 30 years. The business for has catered to avid hunters and fishermen throughout Franklin County, and the surrounding areas of Roanoke and Pittsylvania County. They now have a large "Going Out Of Business Sale" banner across the front of the building.
They have not fallen prey to competition from Wal-Mart, or some other big box retailer - they have been forced out of business by Bloomberg. Small town hunting and firearms stores do not have the resources to fight a legal battle with the city of New York.
On February 6th, Bloomberg's activities hit a small snag. The U. S. Department of Justice told Bloomberg "that there are potential legal liabilities that may attach when persons outside of law enforcement undertake actions typically reserved for law enforcement agents. This risk is particularly acute when such persons, however well-intentioned, but without proper law enforcement authority, misrepresent that they are the actual purchasers of the firearms when, in fact, the purchases are being made on behalf of another person or entity (for instance, on behalf of the City). In addition, civilian efforts can unintentionally interrupt or jeopardize ongoing criminal investigations."
He was further told that the U. S. Attorneys' Office in each district that the City of New York conducted activities have carefully reviewed the matters and each "has concluded that the circumstances surrounding the purchases do not rise to a level that would support a criminal prosecution." In other words, the dealers broke no laws.
When asked by a reporter whether the city would end its witch hunt after being made aware of the contents of the letter, a spokesman for Bloomberg replied "not necessarily." Seems everyone has followed the law except "His Honor."
Stay informed on the latest development in the Bloomberg saga and other information by accessing the VSSA web site (www.myvssa.org).
Copied from THE BULLET, The official publication of the Virginia Shooting Sports Association, March/April 2007
PRESIDENT'S COLUMN
Bloomberg Part II
Last issue I wrote about New York Mayor Michael Bloomberg's attack on "mom and pop" firearms dealers he believes are the source of firearms for criminals in New York. I detailed how Bloomberg and a group of anti-gun mayors have created a scheme to entrap licensed firearms dealers by sending in private investigators to make "straw purchases." These operations have been conducted outside the realm of law enforcement and in fact in none of the cases was law enforcement made aware of the activities until Bloomberg held his press conferences to announce the law suits.
I would like to update you on the latest developments. But before I get started, I would like to clear any confusion that may have been caused by my last article.
In that article, I used the term "straw purchases" without explaining what that term means. I incorrectly presumed that everyone understood that term and would thus know what a so-called "straw purchase" is. For those of you who were scratching your head wondering what I was talking about, I apologize. I have spent much of my professional life in the political arena and sometimes use terminology without remembering that not everyone has that point of reference.
A "straw purchase" is when someone uses a go-between or intermediary (the "straw purchaser") to buy one or more firearms from a licensed firearms dealer. The purpose is to hide the identity of the true purchaser or ultimate possessor of the firearm(s) because the true purchaser is someone who is prohibited from owning a firearm. The anti-gun crowd focuses on "straw purchases" as their reason for trying to regulate private sales of firearms at gun shows (the so-called "gun show loop-hole").
Since the last issue of the Bullet was published, Bloomberg and 27 of his band of merry men met in Washington, DC, to urge congress to pass several gun control measures. One particular target of Bloomberg and his group, "Mayors Against Illegal Guns" (www.mayorsagainstillegalguns.org), is what is known as the "Tiahrt Amendments."
The "Tiahrt Amendments" are a series of attachments or "riders" to the appropriations bill that funds the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). The amendments are sponsored by Rep. Todd Tiahrt (R-Kan.). Cities suing the gun industry and anti-gun organizations have sought access to confidential law enforcement data on firearms traces. BATFE compiles these records when it traces firearms in response to requests from law enforcement agencies. The Tiahrt Amendments are aimed at limiting access to this data. Every year since 2003, the U. S. Congress has passed increasingly strong language to keep this information confidential.
There are good reasons for keeping this information confidential, and for strengthening the Tiahrt Amendment and making it permanent. First, releasing the information serves no useful purpose. The Congressional Research Service has repeatedly said "firearm trace data may be biased" and "cannot be used t test for statistical significance between firearm traces in general and the wider population of firearms available to criminals or the wider American public.
Second, traced guns aren't always "crime guns"; firearms may be traced for reasons unrelated to any armed crime. The BATFE trace request form lists "crime codes" for traffic officers and election law violations, among many others.
Third, and contrary to deliberate misinformation being spread by Bloomberg and his gun ban friends, trace information remains available for law enforcement use. The FY 2007 version of the Tiahrt amendment ensures that trace data is available to federal, state, and local agencies "in connection with and for use in bona fide criminal investigation or prosecution" or for use in administrative actions by BATFE--which is, of course, the principal agency responsible for overseeing the conduct of federally licensed firearms dealers.
Fourth, the language and history of the Gun Control Act are clear. Congress always intended to keep the information confidential, and to allow its use only for legitimate law enforcement purposes. The firearms trace database includes information such as the agency requesting a gun trace, the location from which the gun was recovered, and the identity of the dealer and original retail buyer.
Most important, both BATFE and the Fraternal Order of Police oppose release of trace data. In fact, BATFE has fought for years in the federal courts to keep the databases confidential, because they contain information (such as names of gun buyers) that could jeopardize ongoing investigations--not to mention law enforcement officers' lives. For example, a suspected gun trafficker could search databases for manes of "straw purchasers" he had used to buy handguns, or for traces requested on guns he had sold. That information could lead him to names of officers, informants and other witnesses against his crimes.
Finally, even the current language has allowed too many disclosures of sensitive information. For instance, anti-gun groups and the media have repeatedly received confidential trace data from government "leaks." And Judge Jack Weinstein, the gun ban lobby's favorite judge located in Brooklyn and who presides over New York City's lawsuit against the firearms industry, has "creatively" ruled that the riders do not protect the information that Congress so clearly intended to protect.
Bloomberg and his group want to use this data to expand the targets of their law suits. Their purpose is to limit the availability of firearms to people like you and me. Already their actions have had a chilling affect here in Virginia. Franklin Rod and Gun in Rocky Mount has been in business for over 30 years. The business for has catered to avid hunters and fishermen throughout Franklin County, and the surrounding areas of Roanoke and Pittsylvania County. They now have a large "Going Out Of Business Sale" banner across the front of the building.
They have not fallen prey to competition from Wal-Mart, or some other big box retailer - they have been forced out of business by Bloomberg. Small town hunting and firearms stores do not have the resources to fight a legal battle with the city of New York.
On February 6th, Bloomberg's activities hit a small snag. The U. S. Department of Justice told Bloomberg "that there are potential legal liabilities that may attach when persons outside of law enforcement undertake actions typically reserved for law enforcement agents. This risk is particularly acute when such persons, however well-intentioned, but without proper law enforcement authority, misrepresent that they are the actual purchasers of the firearms when, in fact, the purchases are being made on behalf of another person or entity (for instance, on behalf of the City). In addition, civilian efforts can unintentionally interrupt or jeopardize ongoing criminal investigations."
He was further told that the U. S. Attorneys' Office in each district that the City of New York conducted activities have carefully reviewed the matters and each "has concluded that the circumstances surrounding the purchases do not rise to a level that would support a criminal prosecution." In other words, the dealers broke no laws.
When asked by a reporter whether the city would end its witch hunt after being made aware of the contents of the letter, a spokesman for Bloomberg replied "not necessarily." Seems everyone has followed the law except "His Honor."
Stay informed on the latest development in the Bloomberg saga and other information by accessing the VSSA web site (www.myvssa.org).
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