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ATFE looking into NYC gun "stings"
The ATFE is looking into NY City's 'straw man' stings. The alleged straw man buys were made by private investigators under contract to a firm hired by the city.
I wouldn't hold my breath on this, but *if* those were straw man buys, then the investigators are caught cold on multiple felonies -- and city officials would be on the line for aiding and abetting and for conspiracy. It'd be all the clearer since the modern 4473 requires the buyer to certify that he is buying for himself and not for anyone else, and making a false certification on the 4473 is a felony (under GCA 68 and also under the all-purpose making false statements, 18 USC 1001).
So to worm out, the city might claim "well, they weren't REAL straw man sales, we just faked it." That doesn't do their civil lawsuit much good. "It really WAS for me, but we made it look as if it was for him, so the dealer should be liable for having gone with the reality rather than with our act."
Comments
The buys were indeed genuine straw man purchases, but not in the way they were intended.
The BATF form specifically disallows buying a firearms when another person has provided you the cash to do so. That's buried in the Instructions section, but it makes very clear the difference between a legal firearms purchase (for your own use or as a gift) and an illegal purchase (on behalf of someone else, using that other person's funds.)
It is possible that some sort of provision might be made for, say, the treasurer of a gun club to go out and buy firearms for club use, acting as an agent of the club, but in that case, it seems to me, the buyer would have to identify himself as "John Smith, Treasurer,actor on behalf of ABC Gun Club, Inc".
Maybe someone has more info on this, but it seems that a federal crime was committed, and would have been committed had either the male or female member of the investigative team had signed the form.
Posted by: Andrew Frechtling at May 31, 2006 01:23 PM
Even if it turns out that a federal crime was committed, does anyone believe there is a more-than-zero chance of charges being brought against front page politicians? With the NY Slimes and the left wing media trumpeting his godly qualities in taking on the "gun lobby" or some such?
My fear is that the investigation will reveal that there were in fact indictable felonies committed by Bloomie and his agents, and that a decision will be made not to prosecute anyone, which will send the message that it's OK for politicians to run this kind of game again. Result: more contempt for the law and its enforcers, which is not good for the health of the body politic.
Posted by: wrangler5 at May 31, 2006 05:20 PM
Interesting dilema for the NY Attorneys - either they admit they and their investigators willingly committed a felony (and that they not only conspired with them to comit the felony, but provided the means to do it) or they admit that they lied to the court in filing their pleading.
Either way, I can't see how they aren't disbarred (let alone thrown in jail for the underlying felony).
Posted by: countertop at May 31, 2006 11:48 PM
I buy guns at one of the stores (adventure outdoors). If the counter help is anything like the owners, they'll agressively pursue this angle.
I wonder if the RICO statutes could also apply since one could make an argument that this was an organized and extensive interstate criminal enterprise (straw man gun sales) with likely interstate transport of the illegally obtained guns.
Posted by: mike at June 1, 2006 07:38 AM