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View Full Version : NSSF, NRA sue over new ‘Fast & Furious’ reporting regs; SAF vows amicus



Dogman
4th August 2011, 12:33 PM
http://www.examiner.com/gun-rights-in-seattle/nssf-nra-sue-over-new-fast-furious-reporting-regs-saf-vows-amicus

After two major lawsuits were filed (http://www.reuters.com/article/2011/08/03/us-usa-mexico-guns-idUSTRE7725DB20110803)to stop implementation of new firearm purchase reporting requirements next week – which some say were inspired by the botched Operation Fast and Furious – Bellevue’s Second Amendment Foundation did something yesterday many observers might find out of the ordinary, while it did not do something else.

SAF applauded (http://www.saf.org/viewpr-new.asp?id=370)both the National Shooting Sports Foundation (http://www.nssfblog.com/nssf-suit-challenges-atf-reporting-requirement/)and National Rifle Association (http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15390)for filing separate federal lawsuits, and then promised to file an amicus brief “at the appropriate time.” SAF didn’t hastily jump in with a copycat case to muddy up the waters, nor take credit for the legal work of the other organizations.

If ATF can require this record-keeping and reporting requirement of law-abiding retailers in these four states simply by sending a letter demanding the information, then there is no record or report ATF cannot require of any licensee, anywhere in the country, for as long as ATF wants. ”This is the proverbial ‘slippery slope,’ and our industry is extremely concerned about it,” said Lawrence G. Keane, NSSF senior vice president and general counsel.—NSSF Press Release
It’s not a first for the group, founded by Alan Gottlieb, who serves as SAF executive vice president. Back in May, SAF publicly thanked (http://www.saf.org/viewpr-new.asp?id=358) the NRA for launching a legal action in California that seeks enforcement of cases SAF was involved in back in the mid-1990s.

Operation Fast and Furious authorized the sale of thousands of weapons in the border region to known and suspected straw purchasers for Mexican drug cartels. But officials did not adequately supervise the weapons or their purchasers, allowing hundreds of firearms to end up in the hands of criminals, according to ATF agents’ testimony before Congress.—The Hill
Both the NSSF and NRA, the latter in cooperation with an Arizona gun dealer, contend that the Bureau of Alcohol, Tobacco, Firearms and Explosives does not have the authority to push a new reporting requirement. Lurking in the shadows of these lawsuits is the ATF’s Fast and Furious scandal, which allowed more than 2,000 guns to enter the pipeline to Mexican drug cartels; a problem that, ironically, the Obama administration now seeks to address by implementing these new long gun reporting regulations in four states: Texas, New Mexico, Arizona and California.


Simply put: The Obama administration’s Justice Department – working through the ATF – allegedly created a problem that it now wants to solve by penalizing gun dealers and invading the privacy of their customers. Operation Fast and Furious, now under Congressional investigation, has become such a stain that UCLA Law Professor Adam Winkler is now blasting the operation on the Huffington Post (http://www.huffingtonpost.com/adam-winkler/obamas-growing-gun-proble_b_917104.html), and the administration for its apparent stonewalling and cover-up.

The administration should waste no time and come clean about what happened, who approved it, and how it can be avoided again…Unfortunately, the early signs are that Obama is going to handle this controversy as poorly as he handled the debt ceiling debate.—Adam Winkler, Huffington Post
The Hill is also critically reporting the Fast and Furious scandal, while Attorney General Eric Holder was busy yesterday (http://www.reuters.com/article/2011/08/03/us-usa-mexico-guns-idUSTRE7725DB20110803)promising to fight both lawsuits and punish those responsible for the bungled Fast and Furious operation.

"We will vigorously oppose that lawsuit. We think that the acts that we have taken (are) consistent with the law and that the measures that we are proposing are appropriate ones to stop the flow of guns from the United States into Mexico."—Attorney General Eric Holder
It is possible the NSSF and NRA cases will eventually end up before the same judge, at which time SAF said it will file an amicus brief. SAF is up to its elbows in other gun rights cases all over the map, with federal lawsuits pending in New York, New Jersey, Maryland, North Carolina and Illinois.


As this column (http://www.examiner.com/gun-rights-in-seattle/issa-to-nra-two-more-fast-furious-hearings-planned-this-year)reported, Congressman Darrell Issa is looking to hold at least two more hearings on Fast and Furious before his House Committee on Oversight and Government Reform before the end of this year. Depending upon what is revealed at those hearings, it is not clear whether further sessions will be required in 2012 to get to the bottom of the scandal. The Obama re-election campaign probably does not want Fast and Furious to become a campaign issue, while Republicans no doubt hope to make it one.

Obama took office promising unparalleled transparency, yet top officials have been anything but with regard to Fast and Furious. Instead of addressing the questions head on, which might end the controversy quickly, the administration is guaranteeing that the investigation will drag on and on. Soon it will develop into a full-blown political scandal and Obama will wish that instead of ignoring this controversy, he'd dealt with it fast and furious.—Adam Winkler, Huffington Post

Dogman
1st September 2011, 09:21 AM
Promotions of ‘Fast and Furious’ officials draw Texan’s wrath


By Jerry Seper (http://www.washingtontimes.com/staff/jerry-seper/)
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The Washington Times
Tuesday, August 16, 2011




http://media.washtimes.com/media/image/2009/06/24/20090623-215141-pic-263196518_s160x117.jpg?f35a97a39e3d98e651319c5c653 fd8daec5491e1

Sen. John Cornyn, Texas Republican






A senior Republican on the Senate Judiciary Committee (http://www.washingtontimes.com/topics/judiciary-committee/) on Tuesday described as “inconceivable” a Justice Department (http://www.washingtontimes.com/topics/department-of-justice/) decision to promote key Bureau of Alcohol, Tobacco, Firearms and Explosives (http://www.washingtontimes.com/topics/bureau-of-alcohol-tobacco-firearms-and-explosives/) (ATF (http://www.washingtontimes.com/topics/bureau-of-alcohol-tobacco-firearms-and-explosives/)) personnel who oversaw the controversial “Fast and Furious” weapons investigation that allowed hundreds of guns to be walked into Mexico (http://www.washingtontimes.com/topics/mexico/).


Sen. John Cornyn (http://www.washingtontimes.com/topics/john-cornyn/) of Texas, who last week demanded that Attorney General Eric H. Holder Jr. (http://www.washingtontimes.com/topics/eric-h-holder-jr/) immediately brief his office regarding the “scope and details of any past or present ATF gun-walking programs” in his state, said until Mr. Holder (http://www.washingtontimes.com/topics/eric-h-holder-jr/) and the department (http://www.washingtontimes.com/topics/united-states-department-of-justice/) “come clean” on the gun-walking investigation, “it is inconceivable to reward those who spearheaded this disastrous operation with cushy desks in Washington.”


The ATF has promoted three key supervisors of the controversial sting operation that allowed firearms to be illegally trafficked across the U.S. border into Mexico (http://www.washingtontimes.com/topics/mexico/).


Mr. Cornyn (http://www.washingtontimes.com/topics/john-cornyn/)’s comments were in response to a Los Angeles Times (http://www.washingtontimes.com/topics/los-angeles-times/)‘ article that said three ATF supervisors heavily criticized for pushing the Fast and Furious program forward had been given new management positions at the agency’s Washington headquarters (http://www.washingtontimes.com/topics/washington-headquarters/). The three are William G. McMahon (http://www.washingtontimes.com/topics/william-g-mcmahon/), ATF’s deputy director of operations in the West, and William D. Newell (http://www.washingtontimes.com/topics/william-d-newell/) and David J. Voth (http://www.washingtontimes.com/topics/david-j-voth/), both of whom oversaw the program out of the agency’s Phoenix office.


Mr. McMahon (http://www.washingtontimes.com/topics/william-g-mcmahon/), who told a House committee (http://www.washingtontimes.com/topics/house-committee/) he shared responsibility for “mistakes that were made” in the Fast and Furious operation, was promoted Sunday to deputy assistant director of the ATF's Office of Professional Responsibility and Security Operations (http://www.washingtontimes.com/topics/atfs-office-of-professional-responsibility-and-sec/) - which investigates suspected misconduct by employees.


Mr. Newell (http://www.washingtontimes.com/topics/william-d-newell/), former ATF special agent in charge of the Phoenix field division who steadfastly defended the program in his committee testimony, was named as special assistant to the assistant director of the agency’s Office of Management (http://www.washingtontimes.com/topics/office-of-management/) in Washington.


Mr. Voth (http://www.washingtontimes.com/topics/david-j-voth/), ATF Group VII Strike Force (http://www.washingtontimes.com/topics/strike-force/) supervisor who oversaw day-to-day operations of the Fast and Furious investigation, was moved to Washington to become branch chief for the ATF’s tobacco division.


In an agencywide memo, Acting ATF (http://www.washingtontimes.com/topics/acting-atf/) Director Kenneth E. Melson (http://www.washingtontimes.com/topics/kenneth-e-melson/) said the agents were promoted because of “the skills and abilities they have demonstrated throughout their careers.”


Mr. Cornyn (http://www.washingtontimes.com/topics/john-cornyn/), ranking Republican on the Senate Judiciary immigration, refugees and border security subcommittee and a former Texas attorney general and state Supreme Court justice, told Mr. Holder (http://www.washingtontimes.com/topics/eric-h-holder-jr/) in a letter Thursday that the Arizona-based operation was “ill-advised” and had “tragic consequences” in that state. He said his Texas constituents deserved “a full accounting.”


“As a part of that program … ATF agents instructed federally licensed firearms dealers to illegally sell more than 1,000 weapons to straw purchasers working for drug cartels in Mexico (http://www.washingtontimes.com/topics/mexico/),” he wrote. “These ATF agents were also ordered by their superiors to ignore well-established practice and refrain from interdicting these weapons before they flowed into the hands of Mexican drug cartels.


“Sadly, this ill-advised program had tragic consequences, with these ‘walked’ weapons showing up at the scene of multiple violent crimes - including the murder of United States Border Patrol Agent Brian A. Terry” along the Arizona-Mexico (http://www.washingtontimes.com/topics/mexico/) border.


Sen. Chuck Grassley of Iowa, ranking Republican on the Senate Judiciary Committee (http://www.washingtontimes.com/topics/judiciary-committee/), and Rep. Darrell E. Issa, California Republican and chairman of the House Committee on Oversight and Government Reform, have both investigated the program. They said two AK-47 assault rifles found at the site of the Terry shooting, 10 miles from the Mexico (http://www.washingtontimes.com/topics/mexico/) border near Nogales, Ariz., were traced back to a straw buyer who had purchased the weapons as part of the undercover investigation.


Mr. Grassley and Mr. Issa have said that Fast and Furious allowed “approximately 2,000 heavy-duty assault-type firearms to be illegally trafficked” and that “hundreds of these weapons have already been recovered at crime scenes in Mexico (http://www.washingtontimes.com/topics/mexico/).”


Under the operation, several ATF agents testified they were ordered by their supervisors to “stand down” from surveillance operations and let the straw buyers’ weapons travel across the border into Mexico (http://www.washingtontimes.com/topics/mexico/). The operation was halted in January, shortly after the Dec. 15 Terry killing.

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