Bonzer Wolf Today™

Entries in ATF (37)

Wednesday
Feb122014

Family Appeals Dismissal of Federal Employees From Brian Terry Lawsuit

The family of a Border Patrol agent Brian Terry, who was murdered in 2010 with a firearms from ATF Operation Fast and Furious, is appealing a ruling that dismissed federal employees from the familys lawsuit over the botched gun-smuggling investigation.

A judge in November dismissed a prosecutor and six Alcohol, Tobacco, Firearms and Explosives employees from the lawsuit by Agent Brian Terrys family.

Terry was killed in a firefight with armed men who had illegally entered into the country to rob marijuana smugglers.

His death revealed the Fast and Furious investigation, which the Obama Administration continues to cover up with the assistance of the progressive media. 

Two rifles bought by a gun-smuggling ring that was being monitored through the investigation were found at the shooting scene.

Attorney General Eric Holder is still on the job after allowing suspected straw gun buyers to walk away with weapons, rather than arrest suspects and seize guns there. Operation Fast and Furious was an Obama/Holder political ploy designed to bolster their gun grab agenda in the United States.  It backfired and of course, and the coverup continues.  

This is what happens when a you elect an autocract like Obama and a liberal fascist progressive propaganda machine controls the agenda in America.  

If you voted for Obama or stayed home on election day. This is on you.  #justsayin

Saturday
Jan252014

ATF Shoots Itself in the Foot Again - SCOTUS to Decide Extent of Damage


Our friend Jeff Pittman informs us this week in his weekly Second Amendment Newsletter that the SCOTUS will decide an important 2A civil rights case this summer.  
This week the US Supreme Court heard arguments in the straw purchase case of Abramski v. United States.  A former state police officer, Mr. Abramski was mistakenly caught up in a federal investigation of a bank robbery in Rocky Mount, VA in 2009, apparently because he was said to look like the bank robber, although the robber was masked. Abramski was ultimately cleared of any role in the bank robbery and of any federal charges related to the robbery. But during the federal investigation of Abramski, FBI agents found a receipt to Abramski that his uncle, Angel Alvarez, a Pennsylvania resident, had written to him for buying a Glock 19 handgun. Both men were eligible to buy firearms.
 
Federal prosecutors later said that Abramski had bought the Glock from a Virginia FFL after completing the government form, saying yes to the question about whether he was the actual buyer. His uncle had sent him a $400 check for the weapon, the government said. The gun was later transferred to his uncle, according to prosecutors, through a firearms dealer in Easton, Pennsylvania. Abramski was charged with and convicted of making false statements about the purchase of the gun.
 
The familiar ATF Form 4473 that must be filed with the dealer at the time of a gun purchase is not statutory, but created by the bureaucracy. The question in point asks: Are you the actual transferee/buyer of the firearm listed on this form? The form notes that You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. My understanding is that purchasing as a gift means the purchaser is the actual buyer, but purchasing on behalf of another makes the ultimate recipient the actual buyer.
 
Abramskis lawyers told the high court that since both he and his uncle were legally allowed to own guns, the law shouldnt have applied to him. The only thing the straw purchaser doctrine in this case really accomplishes is to prohibit law-abiding citizens from buying guns for other law-abiding citizens, and thats something that Congress expressly chose not to do, said attorney Richard D. Dietz.
 
One report stated that the arguments did not seem to go well for the government, as several of the justices focused on the ATF change in interpretation of the law. The older interpretation used from 1968 until 1994, is consistent with Abramskis position, while the new interpretation implemented during the Clinton administration, makes legal gun purchases illegal, with no change in the law. Since the statute does not address straw purchases and since the ATF for 26 years said such purchases for other legal buyers were legal, one wonders what law a purchaser would be breaking.  You can subscribe to Jeffs weekly newsletter to keep up with Second Amendment news, litigation, legislation, new firearms & gear by emailing jeffpittman@juno.com

 

Wednesday
Nov272013

Stop ATF 41P Which Effectively Bans NFA Ownership 

Monday
Nov252013

Least We Forget- Fast and Furious Update

Our friend Jeff Pittman informs us that late last Friday night, federal employees were dismissed from the wrongful death lawsuit against the government by the Brian Terry Family, with Judge David Campbell of the US District Court for Arizona noting that congressionally-mandated remedies are already in place for when an agent dies in the line of duty.
Campbell cited three such remedies for survivors of federal employees killed in the line of duty, including the Federal Employees Retirement System, the Federal Employees Compensation Act, and the Public Safety Officers Benefits Act, which all provide benefits and amount to a convincing reason for the judicial branch to refrain from providing a new and freestanding remedy in damages. We are unaware of any provision therein which addresses wrongful death of a federal agent due to felonious acts by other federal employees.
 
Border Patrol Agent Brian Terry was killed in December 2010 and guns from Operation Fast and Furious were recovered at his murder scene. In their case against the government, the family argued, ATFs failures were not only negligent but in violation of ATFs own policies and procedures, leading to Agent Terrys murder. Violations of policies and procedures included knowingly allowing 2500 semi-automatic rifles to walk into Mexico and into the hands of violent cartel members.
 
Also late last Friday night, Attorney General Eric Holder issued a motion to appeal after US District Court Judge Amy Berman Jackson ruled in September she will not dismiss contempt and executive privilege lawsuits against the Department of Justice. DOJ attorneys argued the lawsuits should be dismissed on grounds the judiciary has no business getting in-between Executive branch and Legislative branch disputes. Judge Jackson disagreed with their argument. Our report indicates that Holder is hoping to get the case to the US Court of Appeals for the D.C. Circuit, which is sympathetic to the department and the administration. Dirty Harry Reid pulled the trigger on the Nuclear Option to kill the filibuster, a tradition dating back to 1789, so Obama could pack the 2nd Circuit Court of Appeals with liberal fascist activist judges.
 
Judge Jackson has not yet ruled on whether President Obamas executive privilege over Fast and Furious documents, a program he claims the White House had nothing to do with, will stand. There is evidence that the White House did know about F&F while it was ongoing. Holder was also found in contempt of Congress over his refusal to provide subpoenaed F&F documents.  Subscribe to Jeffs weekly Second Amendment civil rights newsletter by dropping him an email at jeffpittman@juno.com
Wednesday
Oct162013

ATF Goes After Good Citizens - Ignores Gang Bangers

Emily Miller at the Washington Times reports that the Supreme Court decided Tuesday to hear the case of a Virginia man who bought a gun for his uncle and was then convicted of committing a “straw purchase.” The high court will determine whether it is a crime to buy a gun with the intent to resell to another lawful person. 

The federal law on “straw purchases” is intended to stop a criminal from having someone who is not a felon, drug user or other miscreant that would get blocked on an FBI background check to buy a gun for him. The buyer, or “straw man,” could then be charged with perjury for lying about the identity of the of the actual purchaser. 

The issue in the Abramski case is whether this should apply when a lawful person buys a gun for someone who is legally allowed to own a firearm.  Bruce Abramski, a retired police officer, bought a handgun for his elderly uncle because he could get it at discount as former law enforcement. Mr. Abramski checked the box on the federal background check form that said he was the “actual buyer.”

Arguments for Abramski v. United States will take place in January. 

The ATF refuses to prosecute gang bangers and other convicted criminals for making false statements on ATF Form 4473 yet they go after a retired police officer for helping out his ailing uncle, when both can legally own firearms.  

This case is a prime example of why I oppose any and all new federal gun control legislation.  The feds already have more than enough laws to usurp Second Amendment rights and keep law abiding citizens from owning guns.  And like the Mayors Against Illegal Guns, the feds are wasting time going after citizens who are not legally prohibited from owning firearms.  The primary target of the gun grabbers are law abiding citizens because changing the American gun culture and abridging 2A civil rights is their objective, not public safety.  

Read more: http://www.washingtontimes.com/news/2013/oct/15/miller-supreme-court-decide-if-buying-gun-lawful-p/#ixzz2hsqdylu4 
Follow Emily Miller: @washtimes on Twitter