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Allegheny County Sportsmen‟S League Legislative Committee Report

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Allegheny County Sportsmen‟S League Legislative Committee Report Allegheny County Sportsmen‟s League Legislative Committee Report September 2011 203 ALLEGHENY COUNTY SPORTSMEN LEAGUE ON THE INTERNET http://www.acslpa.org Contacts: Legislative Committee Chairman, Kim Stolfer (412.221.3346) - [email protected] Legislative Committee Vice-Chairman, Mike Christeson - [email protected] Founding Fathers: "[N]either the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt." -- Samuel Adams, essay in The Public Advertiser, 1749 New fury surrounds `Fast and National Gun Rights Examiner David Codrea broke the story about Burke's opposition, recalling Furious' that the US Attorney was formerly chief of staff for by Gun Week staff Homeland Security Secretary Janet Napolitano. The US Attorney's office in Phoenix, AZ, that was The Terry family testified before Congressman deeply involved in launching and maintaining Darrell Issa's House Committee on Oversight and Operation Fast and Furious has opposed a move by Government Reform in early June. They revealed the family of a slain Border Patrol agent to be what appeared like complete indifference by the considered "crime victims," a move that has created Justice Department to their requests for information new outrage in the gun rights community. about how Brian Terry died and the circumstances US Attorney Dennis Burke, according to a legal surrounding his murder. expert interviewed by Fox News, might have a Fox News interviewed Kendall Coffey, former US conflict because his office was heavily involved in the Attorney in Florida and now a "prominent litigator," botched gun trafficking sting operation mounted by about Burke's controversial move. Coffey was quoted the Bureau of Alcohol, Tobacco, Firearms and stating that "government leaders responsible for the Explosives (ATF). That now-defunct operation is tragic mistakes of Operation Fast and Furious have a under investigation by Congress and also by the lot of explaining to do before Congress. But at the Department of Justice Inspector General. same time, they still have a duty under federal law to The motion was filed on behalf of agent Brian give answers, to consult and extend respect to the Terry's parents, Kent and Josephine Terry. Such family." He further suggested that Burke is in a tough motions are reportedly "routinely approved" by legal position. prosecutors. The Terrys sought the court's approval to "The government's already been put on notice that intervene in the federal prosecution of Jaime Avila, they might be facing a wrongful death action by the who purchased the two rifles recovered at the scene of family," Coffey told Fox News. "And you have to Terry's murder last December. Avila is among 20 wonder if the government's efforts to deny the family suspects indicted earlier this year by Burke's office in the status of 'crime victims' is part of a strategy to the Operation Fast and Furious investigation. avoid legal responsibility for some of the tragic Burke opposes their entry as victims in the case, mistakes of Operation Fast and Furious." arguing that they are not victims as defined under the Independent blogger Mike Vanderboegh, who, federal Crime Victim Rights Act (CVRA). Instead, he along with Codrea, originally uncovered the Fast and contends, the victim in the Terry case is "society in Furious scandal, called Burke's opposition to the Terry general." Burke also said that Brian Terry was family's motion "the banality of evil." "undeniably a murder victim," but that he is "not a According to Fox News, Burke and Assistant US victim of Defendant Avila's firearm offenses as the Attorney Emory Hurley will be called to testify this CVRA defines `victim'." month before Issa's committee as the congressman Page 2 renews his investigation of the Fast and Furious Department, the Internal Revenue Service and the debacle. Hurley reportedly managed the Fast and Drug Enforcement Administration. Furious operation for the US Attorney's office, But the ATF, which apparently didn't have the although it was conducted by the ATF. resources to follow so many guns, soon lost track of The Justice Department may now become the focus many of them. And when they did follow them to the of Issa's investigation. The Los Angeles Times next level, the buyers of the guns often turned out to reported that e-mails, memos and other documents, be Mexicans living legally in the US and not cartel including sworn depositions, point to that agency as honchos. having "provided the initial impetus for what became It would seem that after Terry was killed on Dec. Fast and Furious." 14, 2010, and two of the three evidence guns were Yet Attorney General Eric Holder has repeatedly found to be from the Fast and Furious operation, the insisted that he did not approve the operation and that operation continued for several weeks into 2011. he only became aware of it in early spring 2011 after That's apparently when some unhappy ATF staffers media reports revealed the trouble. This is a position first started talking to Congress. The New GUN WEEK, that has been disputed by Iowa Sen. Charles Grassley, September 1, 2011 who said in an interview that he personally handed Holder copies of two letters he sent to Acting ATF Lawsuits filed against ATF long gun reporting Director Kenneth Melson in late January that inquired demands about Fast and Furious, and its umbrella operation, Miffed by the Obama administration's new Project Gunrunner. requirement that federally-licensed firearms dealers in Meanwhile, the Los Angeles Times reported in four southwest states report multiple purchases of early August that just a few months into Operation semiautomatic rifles with detachable magazines, two Fast and Furious, an agency official called for a lawsuits have been filed in federal court against the strategy to shut down the program aimed at following Bureau of Alcohol, Tobacco, Firearms and Explosives guns into the hands of Mexican drug cartels. (ATF). In March 2010, the No. 2 man at the ATF was One lawsuit has been filed by the National deeply worried. His agents had lost track of hundreds Shooting Sports Foundation (NSSF), based in of firearms. Some of the guns, supposed to have been Newtown, CT, and the other by J&G Sales in Prescott, tracked to Mexican drug cartels, were lost right after AZ. The J&G lawsuit was joined by the National Rifle they cleared the gun stores. Association (NRA). Both legal actions were filed in Five months into Fast and Furious, no indictments the District of Columbia. had been announced and no charges were immediately NSSF Senior Vice President and General Counsel expected. Worse, the weapons had turned up at crime Lawrence G. Keane said the ATF demand letter to scenes in Mexico and the ATF official was worried some 8,500 federally-licensed firearms dealers in that someone in the United States could be hurt next. Texas, New Mexico, Arizona and California Acting Deputy Director William Hoover called an constitutes a "slippery slope" scenario. He contends emergency meeting and said he wanted an "exit that if ATF can alter the reporting requirements strategy" to shut down the program. ATF for decades simply by sending a demand letter, then there is "no had dedicated itself to stopping illegal gun-trafficking record or report ATF cannot require" anywhere in the of any kind, the newspaper reported, but said it now country, according to an NSSF press release. was allowing illegal gun purchases on the Southwest "At the time Congress authorized the reporting of border and letting weapons "walk" unchecked into multiple sales of handguns," Keane stated, "it could Mexico. have required it for the sale of long guns, but it did But those at the meeting, which included a Justice not. Acting ATF Director Ken Melson himself has Department official, did not want to stop the illegal questioned ATF's legal authority to impose this new gun sales "until they had something to show for their requirement." efforts." Meanwhile, according to the J&G Sales website, By January 2010, agents with the Organized Crime "The BATF and Department of Justice has made this Drug Enforcement Task Force run by the Justice demand with no Congressional authorization." Department were brought in to help. The manpower The new regulation, scheduled to take effect Aug. included investigators from the Homeland Security 14, only applies to firearms dealers in the four Page 3 Southwest states. It requires retailers to record the would clarify state law with respect to the firearms names and addresses of all multiple gun purchasers and magazines that have been legally possessed in who buy more than one semiautomatic rifle over .22 other states for almost seven years. The New GUN WEEK, caliber with a detachable magazine during any five- September 1, 2011 day business period. There is a new ATF form that must be completed and returned to the ATF. Gun Owners Action League In an interview with NRA News, attorney Stephen (GOAL) of Massachusetts and the National Rifle Halbrook questioned what would be done with the Association (NRA) are urging members to contact and information that ATF is gathering with this new educate their state representatives to garner co- requirement. He also contended that this new sponsors for the measure. regulation is an invasion of gunowner privacy. In May of 2011 an unsigned and undated "This is like a tendency of law enforcement to "Advisory Letter" was sent out by the Executive make everybody a suspect instead of zeroing in," Office of Public Safety and Security (EOPS) Halbrook said. regarding certain arms and feeding devices. Virtually The ATF issued a new Form 3310.12 that dealers everything in the letter was factually incorrect and has must use in order to make the multiple sales reports.
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