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Yesterday we looked at a real-world example illustrating both the inaccuracy of the Bureau of Alcohol, Tobacco, Firearms and Explosives' National Firearms Registration and Transfer Record (NFRTR) as well as explored potential dangers gun owners could face as a result. Today we're going to document the probability that this was not just an isolated case, but an indication of system-wide incompetence, negligence, deception and cover-up that reaches throughout and beyond the agency, extending to those charged with providing audit oversight.
We've also talked about the Friesen case. CliffsNotes version: The feds had a man on a machine gun charge that could have resulted in a felony conviction if found guilty--but they folded after it became clear the integrity of the NFRTR would be exposed and their ability to rely on it in future cases would be jeopardized.
What follows is the Motion in Limine from that case. It is long. It is detailed. I can't urge you strongly enough to read it and understand what it is demonstrating. Set aside at least half an hour or so to do this, and if you can't do it now, return and do it when you can. I'll be back on the other side with an analysis.
For reasons I shouldn't have to go into, my source chooses to remain anonymous and I will protect that choice. You can decide for yourself whether you think he is knowledgeable and credible based on his analysis of the motion:
So what is the significance for an average owner of an NFA firearm? The example posted yesterday shows what happens, and what the Class III community has known for years. The ATF's version of the NFRTR fails to match up 100% with NFA firearms in an SOT's [Special Occupational Taxpayer (SOT) licensed to manufacture and/or deal in or import NFA firearms--DC] current inventory. One reason this should be troublesome is that ATF approves transfers and registrations in duplicate original --- the dealer can't get the NFA firearm unless and until ATF approves the transfer application. So why does it make a difference, if ATF eventually gets the NFRTR corrected by inspecting SOT inventories, whether or not incompetent or lazy employees at the NFA Branch toss the approved applications because they don't feel like working on them, as described in the attached Motion in the LeaSure case?
Actually, it matters quite a lot. The reason is: Think about instances of person-to-person (tax-paid Form 4) transfers in the same state, and both people are private citizens, not licensed as SOTs or Collectors.
What happens when Person A buys a machine gun from Person B, and 7 or 15 years later, Person A's wife goes blooey and burns the house down; or the house got hit by lightning and burned; or some other event beyond Person A's control that results in his Form 4 being destroyed. Person A, who has always been law-abiding, no criminal record, and so forth, asks ATF for a duplicate Form 4, explaining the circumstances. ATF dutifully checks . . . and finds the machine gun is still registered to Person B, who is now deceased, and the heirs were never into guns, knew he sold some off, but have no specific recollection of the types of guns and/or to whom they were sold, after all it happened years ago.
What happens? ATF doesn't need to prove the machine gun isn't registered to convict Person B of illegally possessing it, because Person B has no Form 4, no affirmative defense.
Think about how this could happen with other NFA firearms. The above isn't the only scenario, but it is a realistic one that could and would have real consequences. Do you think ATF would take Person A's word for it that Person B lawfully transferred the machine gun to him? Maybe, if ATF Counsel would go along with it. What are the chances of that?
Probably not good. As the Motion in Limine documents, ATF, the Treasury Department Inspector General, and the Department of Justice Inspector General have willfully conspired to cover up evidence that ATF has lost NFA paperwork. Who is going to take the blame for that? Not them, so far, as history has shown. As more documents from this latest FOIA are placed in the Public Domain, the hundreds of examples of ATF losing NFA paperwork will be impossible to overlook, particularly in the next major case involving the accuracy and completeness of the NFRTR.
At the risk of being accused of understatement, that's a serious indictment. Individuals should be held accountable. Especially since it's not like we haven't seen ATF attempt to destroy a family business over unintentional paperwork violations--and destroy men's lives over "undocumented transfers". And it's not like we haven't seen employees from ATF itself come forward and plead for a house-cleaning.
So what do we do about it?
It's not like we can count on the "Authorized Journalists" to become crusading government watchdogs--Hah! Besides, they're too busy being cheerleaders for politically ambitious gun-grabbers who are calling for giving the agency even more money and power.
And I've called for congressional oversight hearings into ATF--twice now. We all know that won't happen unless there is a groundswell of demand--with "or else" consequences for failure to do so and do it honestly.
So here's what it boils down to: What will you do to make this information known and to help bring about an accounting so that the truth can be established for all to see?
Yes, you personally. What, you thought someone else was going to handle it?
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ATSN interview
I mentioned this yesteday--I was interviewed by James B. Towle of American Trigger Sports Network on his "Trigger Sports Live" program.
It was a lot of fun and he's a gracious host. We talked about potential gun implications in the health care bill, my political questionnaire and all kinds of other stuff...
You can click here to watch it--my segment starts a little after 16 minutes into the program.
Comments
We the people need to stand up and stop taking it, its time to vote these people out, and do the right thing- terminate the BATF as an agency, terminate the IRS etc... the list is long and you are correct as usual!
Tread lightly my friend..because i can promise you if they can't convict you on the bogus NFRTR violations, they will just make something else up...and the judge will always go along with it to throw the Prosecutor a "bone". If you think you will find "Justice" in the court room, you are sadly mistaken...
Join with the Jews for the Preservation of Firearms Ownership to ELIMINATE the BATFE. You don't attempt to control a mad dog, you shoot it.
When 100% of lawful gun owners use their weapons in an appropriate way I will expect the ATF to be 100% perfect as well. As we all know many lawful gun owners kill others using their weapons by accident or when they go on some shooting spree. Why do you not expect the same level of perfection from gun owners that you expect of the ATF? The mistakes of the gun owners cost lives. The mistakes of the ATF may result in the unlawful seizure of a weapon. One mistake can be corrected. The other of course can not.
Ryan, you need examination. You fully miss this by a mile. The sins of the ATF are intentional policy in defiance and contravention of the law and the constitution. Further, you miss the difference in how the sins are treated. In your straw man argument you do not note that those who have done such things as you have suggested are prosecuted. Yet, the ATF can and has killed for no other reason than they can, yet no penalty.
I fear for your mental state. There seem to be very large holes in your thought processes.
"The mistakes of the gun owners cost lives."
Ahem. You wanna save lives there, crusader? Then start by pulling the rug out from under the state (of which BATFU is a particularly malignant extension) at every turn. No exceptions. Disarm them. Defund them. Completely. Walk away before they kill you.
In the twentieth century alone, more people were murdered by their own governments than were killed in all the wars combined. Those estimates range from around 75 million to over 200 million, depending on who you ask. Even well under the lowest of those numbers, we're talking a class of murder, theft and aggression that no private entity anywhere has EVER competed with. Not even in the same ballpark.
"As we all know..." because the state told me so... Sounds like a hymn to the great Beltway Benevolence, doesn't it?
You may want to consider what is happening here. To paraphrase Martin Niemoller, they're coming for the gun owners. Now.
Will you say anything?
If the group the ATF targeted were Muslim or Leftist terrorists the left would be crying for the elimination of the ATF.
In court cases the inaccuracy of the records would normally be a defense but not in a BATFE run prosecution. No Fourth or Fifth Sixth Seventh or Eighth amendment for gun owners. No presumption of innocence.
It seems that misconduct of the Feds only matters to the Government supremacists when the victim is politically correct. Or had actual criminal intent.
According to investigations the majority of ATF prosecutions are for people who were trying to comply with the law.
Don't believe me Ryan look in to it for yourself.
I'm with Mama Liberty and the Jews for the Preservation of Firearms Ownership on this one. Get rid of the BATF altogether. Everyday it exists is an affront to the Constitution.
[W-III]
I've plugged JPFO's "Boot the BATFE" campaign for some time-but we've got to start somewhere-it's not going to happen without real overwhelming pressure. I've done several posts asking readers to contact their reps and the Committee on Oversight and Government Reform asking them to investigate ATF, but it appears even sending a simple email is too much to ask. More "Profiles in Apathy."
So please tell me how we make that happen. I have a hard time fathoming how someone who won't even send an email when times are easy is going to make up close and personal sacrifices when they're not.
"As we all know many lawful gun owners kill others using their weapons by accident or when they go on some shooting spree."
Excuse me? Where is the percentage of lawful owners that go out on shootings sprees? Please provide where you found this statistics. Or are you just pulling it from your ass?
now befor you jump off the deep end of no return , you should just think, if i blow that door, im sure it cant come back to bite me? terrorists come in more then one name, we,d like to think it dint have the usa stamp on it, now as batf is of the usa gov, and we seen others die by batf ,that leads us to think that ower gov use,s batf as a way of killing others, which says one thing , ower own gov is the terrorist, and commist rule is in ower faces,it will not stop , intell a cival war, for as you will know you vote dont meen sh--t ,acorn ring a bell?? my vote isnt for sale, is yours? no, but fact remains they cooked the books and now a terrorists are in the whitehouse and congress sold ower freedom for a buck, and the only thing keeping them back from enslaveing us is ower guns,,,one hell of a fact,,,,
This reminds me a bit of the "forward handgrip on a handgun makes an AOW" issue. The BATF continues to say this despite the fact that it simply is not in the law. The one case they brought against someone for a violation of this "law" was promptly dropped by the BATF when it became clear the judge would rule that a handgun with a forward grip is NOT an AOW. They didn't want the law to get in the way of what they thought should be illegal.
Scaramouche, what was the name of the person they were attempting to prosecute in the 'AOW' matter you just referenced? Since it doesn't sound like there was an actual case name, the name of the person is probably the only way to find out more about it...
Jake,
I'm sorry it's taken me this long to see your message. The case was US v. Davis. A short summary can be seen at the "vertical forward grip" page of wikipedia.
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