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pehawk
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Post subject: So, there's no ATF director because Senate wont approve one? Posted: Wed Jan 16, 2013 9:52 pm |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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Some slimy Senator from Wisconsin slipped the mandate that all ATF directors must be approved by the Senate, into the Patriot Act (he then received a Medal from NRA). Takes a 60 Senator super majority. Want to guess the LAST time one was appointed and approved? When Dubya was in office - Obama's wont get approved.
Before you go off spouting that "what could the ATF director do?" Without a director there's NO voice to get monies or approvals to do a damn thing. Really sucks when you consider one study roved 60% of illegal gun sales are perpetrated by 1% of the arms dealers.
This is why the present GOP sucks. Blocking appointments, for KEY positions, REALLY? It's so fucking pouty and douchey.
_________________ @ryanadamdavis
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DTexHawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 7:20 am |
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No need to worry, Holder knows where all the guns are.
_________________ That's weak sauce!
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ChiefHawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 8:21 am |
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Even W didn't bother putting a name forward for the job in his last two years.
Just an indication that the beltway does not see this as important, until they can get some political mileage out of it - in this case, on the backs of dead children.
There is a lack of will to enforce existing regulation, and existing regulation is insufficient (not real way to punish an FFL holder for 'losing/misplacing' major parts of their inventory...) so what will new unenforced regulation do?
I know there are shady bastards (dealers) out there, like one in a large urban area in the south sound named after the center of a circular target, so I don't deal with them.
But I ain't one to gossip, so I won't name them.
I do not believe 'bad' FFL dealers are the only problem, but lack of enforcement has allowed some bad players to make other legitimate and responsible dealers look like a tools.
Lack of a dedicated director for such a large and important agency is the clearest indication that this was never a priority.
_________________ “Cynicism is not realistic and tough. It’s unrealistic and cowardly because it means you don’t have to try.” - Peggy Noonan The Real Hero Fights Without Knowing Whether Or Not He’ll Succeed. Courage is contagious.
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SeAhAwKeR4life
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 8:39 am |
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Joined: Sun Sep 20, 2009 2:43 pm Posts: 3941 Location: Blyn, WA
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DTexHawk wrote: No need to worry, Holder knows where all the guns are. Did your mom have any kids that lived?
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pehawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 8:46 am |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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ChiefHawk wrote: Even W didn't bother putting a name forward for the job in his last two years.
Just an indication that the beltway does not see this as important, until they can get some political mileage out of it - in this case, on the backs of dead children.
There is a lack of will to enforce existing regulation, and existing regulation is insufficient (not real way to punish an FFL holder for 'losing/misplacing' major parts of their inventory...) so what will new unenforced regulation do?
I know there are shady bastards (dealers) out there, like one in a large urban area in the south sound named after the center of a circular target, so I don't deal with them.
But I ain't one to gossip, so I won't name them.
I do not believe 'bad' FFL dealers are the only problem, but lack of enforcement has allowed some bad players to make other legitimate and responsible dealers look like a tools.
Lack of a dedicated director for such a large and important agency is the clearest indication that this was never a priority. Appreciate the thoughtful reply to my angered rant. Apparently, the federal laws are unenforcable. They're not able to audit, require sales/inventory logs, and background checks are REQUIRED to be destroyed within 24 hours.
_________________ @ryanadamdavis
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DTexHawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 8:56 am |
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SeAhAwKeR4life wrote: DTexHawk wrote: No need to worry, Holder knows where all the guns are. Did your mom have any kids that lived? Meth fry your sense of humor?
_________________ That's weak sauce!
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Seahawk Sailor
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 8:58 am |
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Joined: Sat Mar 03, 2007 9:23 am Posts: 16311 Location: Bothell
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This is just another sign we're becoming a complete farce with regards to anything government in this country. More and more issues crop up, causing us not to enforce laws, but create new ones, further complicating the system. It's a system that is the perfect setup for pick-'n-choose enforcement. If it's a scandal of large enough proportions, prosecute. If it's someone who will have no recourse to fight back, prosecute. If it's someone who can benefit you or the system better if it's ignored, it just goes away.
We can't enforce all the laws the way they are written because we don't have the prisons to populate that kind of enforcement. And in our refusal to address the core of the issues, the only solution seems to be more unenforceable laws.
_________________ I blog, I tweet. When I'm not writing or goofing around on Seahawks.NET.
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pehawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 9:07 am |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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Well, to be honest, the stipulations added to ensure things like; arms dealers are only audited once every 17 years, there's no requirement to keep sales/inventory logs, background checks must be destroyed within 24 hours we're pushed by my party. By some knucklehead who sold his soul to the NRA over his constituency. It's just gross.
You cant even deny someone drunk or high a gun purchase anymore? That's "illegal" to do. The new wording is to ask arms dealers NOT sell to drunk people, due to morality and NOT legality.
_________________ @ryanadamdavis
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12evanf
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 9:34 am |
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pehawk wrote: Well, to be honest, the stipulations added to ensure things like; arms dealers are only audited once every 17 years, there's no requirement to keep sales/inventory logs, background checks must be destroyed within 24 hours we're pushed by my party. By some knucklehead who sold his soul to the NRA over his constituency. It's just gross.
You cant even deny someone drunk or high a gun purchase anymore? That's "illegal" to do. The new wording is to ask arms dealers NOT sell to drunk people, due to morality and NOT legality. I just watched the Daily Show this morning that highlighted all of this garbage. It is wierd that the ATF has been absent from all of the gun control debates going on. What is more weird is that the NRA is guaranteed a loud voice, or even final say on what legislation is passed while the ATF is absent from the conversation. In a just country, shouldn't the bureau dealing with the criminals be dictating the legislature, not the gun lobby? Well its a moot point considering the NRA completely and covertly inoculated the ATF.
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pehawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 9:39 am |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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12evanf wrote: pehawk wrote: Well, to be honest, the stipulations added to ensure things like; arms dealers are only audited once every 17 years, there's no requirement to keep sales/inventory logs, background checks must be destroyed within 24 hours we're pushed by my party. By some knucklehead who sold his soul to the NRA over his constituency. It's just gross.
You cant even deny someone drunk or high a gun purchase anymore? That's "illegal" to do. The new wording is to ask arms dealers NOT sell to drunk people, due to morality and NOT legality. I just watched the Daily Show this morning that highlighted all of this garbage. It is wierd that the ATF has been absent from all of the gun control debates going on. What is more weird is that the NRA is guaranteed a loud voice, or even final say on what legislation is passed while the ATF is absent from the conversation. In a just country, shouldn't the bureau dealing with the criminals be dictating the legislature, not the gun lobby? Well its a moot point considering the NRA completely and covertly inoculated the ATF. The Daily Show is what caused this half-baked post. I'm REALLY interested to hear kid, smokin, Montana's view on this. It's plain fucked up.
_________________ @ryanadamdavis
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Seahawk Sailor
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 9:49 am |
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Joined: Sat Mar 03, 2007 9:23 am Posts: 16311 Location: Bothell
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pehawk wrote: The Daily Show is what caused this half-baked post. I'm REALLY interested to hear kid, smokin, Montana's view on this. It's plain fucked up. It is completely fucked up. At this point, our government is like that divorcing couple with so much hate for each other they can't possibly think of a single nice thing about the other person, cannot stand to be around them, and will do anything to "get back" at them. They're all culpable, and until we wake up as voters and pick all no-name newcomers, it's not going to change. And maybe not even then. War of the Roses has turned into a documentary on the state of American Politics.
_________________ I blog, I tweet. When I'm not writing or goofing around on Seahawks.NET.
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pehawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 9:54 am |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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Oh, they also did a bit on how at first the GOP block Sandy relief, then, the Libs did.
_________________ @ryanadamdavis
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12evanf
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Thu Jan 17, 2013 10:03 am |
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pehawk wrote: Oh, they also did a bit on how at first the GOP block Sandy relief, then, the Libs did. John Kerry 
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SmokinHawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Fri Jan 18, 2013 10:18 pm |
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Joined: Thu Apr 30, 2009 9:29 am Posts: 4749 Location: Not Umatilla, Oregon
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pehawk wrote: 12evanf wrote: pehawk wrote: Well, to be honest, the stipulations added to ensure things like; arms dealers are only audited once every 17 years, there's no requirement to keep sales/inventory logs, background checks must be destroyed within 24 hours we're pushed by my party. By some knucklehead who sold his soul to the NRA over his constituency. It's just gross.
You cant even deny someone drunk or high a gun purchase anymore? That's "illegal" to do. The new wording is to ask arms dealers NOT sell to drunk people, due to morality and NOT legality. I just watched the Daily Show this morning that highlighted all of this garbage. It is wierd that the ATF has been absent from all of the gun control debates going on. What is more weird is that the NRA is guaranteed a loud voice, or even final say on what legislation is passed while the ATF is absent from the conversation. In a just country, shouldn't the bureau dealing with the criminals be dictating the legislature, not the gun lobby? Well its a moot point considering the NRA completely and covertly inoculated the ATF. The Daily Show is what caused this half-baked post. I'm REALLY interested to hear kid, smokin, Montana's view on this. It's plain fucked up. Well, I didn't watch The Daily Show, but I can tell you that the BATFE can audit a gun dealer as frequently as they want, including all records of sales both dealer-to-dealer and dealer-to-individual. They don't do it very often, though they don't hesitate to audit dealers if they think there have been under-the-counter or straw sales involved. The gun dealer is also required to keep a copy of the BATFE Form 4473 which includes the date and time of NICS background check approval, which includes a unique number that can be referenced later. In my opinion, the BATFE is an unnecessary organization that just needs to go the fuck away. They are entrusted with policy making powers that should only be in the hands of Congress. On a whim, the BATFE has the executive power to make any kind of gun or ammunition illegal.
_________________ Feel free to contact me if you need legal assistance. I have a great lawyer that helped me with an ex who violated my privacy and kept harassing me on MySpace and Facebook. He's very good. And there is legal precedent. - linuxpro
He is hold back the legion of boom - skater18000
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MontanaHawk05
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Fri Jan 18, 2013 11:30 pm |
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pehawk wrote: The Daily Show is what caused this half-baked post. I'm REALLY interested to hear kid, smokin, Montana's view on this. It's plain fucked up. Jonathan spoke pretty well for me on this.
_________________ GO HAWKS!!! Visit my Seahawks blog at 17power.blogspot.com!Follow me on Twitter at @17power
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pehawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Sat Jan 19, 2013 8:54 am |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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It was my understanding that in 2006 the auditing procedures placed upon the ATF make it virtually impossible to audit more than once every 17 years. You are correct, Smoking, they CAN audit, but procedures and firewalls we're put in place making it unlikely.
I think you'd be surprised how much the NRA has written their own rules. I'm a 2nd amendment guy, but hate the black n white world the NRA chooses to live in.
_________________ @ryanadamdavis
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SmokinHawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Sat Jan 19, 2013 12:17 pm |
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pehawk wrote: It was my understanding that in 2006 the auditing procedures placed upon the ATF make it virtually impossible to audit more than once every 17 years. You are correct, Smoking, they CAN audit, but procedures and firewalls we're put in place making it unlikely.
I think you'd be surprised how much the NRA has written their own rules. I'm a 2nd amendment guy, but hate the black n white world the NRA chooses to live in. Not true. They can show up at a gun dealer's place of business at any time during normal hours of operation, requesting an audit of the records. There is no time limit, no warrant, no forewarning, no nothing. The BATFE doesn't make a habit of frequently auditing the same gun dealer over and over unless they are suspected of wrongdoing. I'm afraid there is simply no factual basis to your claim (which you are just parroting from The Daily Show, of all goddamned things). The BATFE can audit whomever holds a gun dealer license as often as they want. In practice, they perform these audits every few years, though they tend to only go through trouble dealers with a fine toothed comb. Just ask the owners of Bull's Eye in Tacoma (the guys who sold rifles to John Muhammad and Lee Boyd Malvo) how thorough the BATFE is during their investigations.
_________________ Feel free to contact me if you need legal assistance. I have a great lawyer that helped me with an ex who violated my privacy and kept harassing me on MySpace and Facebook. He's very good. And there is legal precedent. - linuxpro
He is hold back the legion of boom - skater18000
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pehawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Sat Jan 19, 2013 12:33 pm |
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Joined: Fri Feb 23, 2007 12:08 pm Posts: 6723
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I'll look up the cockblockery in question and lay it out. I'm surious too now (not "curious" in the way you are though).
_________________ @ryanadamdavis
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SmokinHawk
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Mon Jan 21, 2013 10:27 am |
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Joined: Thu Apr 30, 2009 9:29 am Posts: 4749 Location: Not Umatilla, Oregon
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pehawk wrote: I'll look up the cockblockery in question and lay it out. I'm surious too now (not "curious" in the way you are though). Given that it's been two days since you posted this I must conclude that you were not able to find any law, BATFE policy, or other such document to back up your claims. It would appear as though The Daily Show wasn't entirely honest in their zeal to stir up anti-gun sentiment in the minds of our young people. Wow, whodathunkit? That Jon Stuart Leibowitz seemed like such a straight shooter, too.
_________________ Feel free to contact me if you need legal assistance. I have a great lawyer that helped me with an ex who violated my privacy and kept harassing me on MySpace and Facebook. He's very good. And there is legal precedent. - linuxpro
He is hold back the legion of boom - skater18000
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12evanf
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Post subject: Re: So, there's no ATF director because Senate wont approve one? Posted: Mon Jan 21, 2013 12:21 pm |
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SmokinHawk wrote: pehawk wrote: I'll look up the cockblockery in question and lay it out. I'm surious too now (not "curious" in the way you are though). Given that it's been two days since you posted this I must conclude that you were not able to find any law, BATFE policy, or other such document to back up your claims. It would appear as though The Daily Show wasn't entirely honest in their zeal to stir up anti-gun sentiment in the minds of our young people. Wow, whodathunkit? That Jon Stuart Leibowitz seemed like such a straight shooter, too. I'm nearly certain this Washington Post article is the one the Daily Show gleaned for their bit. Here's the digest version: ATF hurdles: Quote: The National Tracing Center is the only place in the nation authorized to trace gun sales. Here, researchers with the Bureau of Alcohol, Tobacco, Firearms and Explosives make phone calls and pore over handwritten records from across the country to track down gun owners. In contrast with such state-of-the-art, 21st-century crime-fighting techniques as DNA matching and digital fingerprint analysis, gun tracing is an antiquated, laborious process done mostly by hand. The government is prohibited from putting gun ownership records into an easily accessible format, such as a searchable computer database. Quote: When firearms dealers close, they are required to box up their records and send them to the Martinsburg tracing center. Charles Houser, who oversees the center, and his staff are inundated by the thousands of boxes of records that come in on the trucks each month. They are stacked high along the walls and between cubicles. Last year, the backlog of boxes waiting to be sorted and digitally copied reached 12,000.
"I was absolutely appalled and depressed at what they are going through out there," Rep. Alan B. Mollohan (D-W.Va.), chairman of the House Appropriations Subcommittee on Commerce, Justice and Science, told ATF officials at a hearing this year. "Literally you see pallets of these records come in, and they're just absolutely overwhelmed." Quote: In 1972, when the ATF separated from the Internal Revenue Service and became its own bureau within the Treasury Department, it had about 2,500 agents. At the time, the FBI had 8,700, the DEA 1,500 and the U.S. Marshals 1,900.
Thirty-eight years later, the FBI is up to 13,000, the DEA has more than tripled to 5,000, and there are 3,300 federal marshals.
The ATF, now a part of the Justice Department, remains at 2,500.
Quote: Nationwide, dealers lose track of an enormous number of guns. Since 2005, 3,847 inspections have documented 113,642 guns that cannot be found. (The Bushmaster rifle used in the D.C. sniper killings in 2002 had gone missing from a gun store in Tacoma, Wash.)
The process is complicated because dealers by law do not have to take inventory. In a 2003 provision authored by Rep. Todd Tiahrt (R-Kan.), Congress prohibited the ATF from requiring dealers to do inventories. As a result, ATF inspectors sometimes have to spend days or weeks poring through a dealer's paperwork and physically matching it to the guns on hand.
"An annual inventory is part of every business," said Zammillo, who retired this year after four decades with the ATF. "Congress said we forbid you to require a business to take an inventory. Why ATF has no director: Quote: April 2009, the job of acting director was given to Kenneth Melson, a former Virginia prosecutor and director of the Justice Department's Executive Office for U.S. Attorneys. But Melson was demoted to deputy director under the Vacancies Reform Act, which limits how long acting chiefs can run federal agencies. He still runs the agency, but the top job sits vacant. Loopholes: Quote: Willingham's Sports in western Alabama found a way to stay open even after the ATF revoked its license. Along a stretch of a highway in the small, riverfront city of Demopolis, the store lost track of more than 180 guns and failed more than 700 times to correctly log firearm sales over a dozen years, records show. The ATF took the rare step in early 2002 of moving to revoke the store's license. But licensee Jimmie R. Willingham appealed through the agency's internal process. He told an ATF hearing officer that he didn't mean to break the law.
"It's all paperwork," Willingham said. "And it's been neglected. And it's our fault."
The case wound through ATF channels for two years before the revocation was upheld. Willingham then turned to the courts. Almost a year and a half passed after that. It was mid-2005 before a federal judge and a court of appeals had both ruled for the ATF.
"Willingham carelessly disregarded its recordkeeping obligations under the Gun Control Act for more than a decade," the district judge said.
The ATF repeatedly authorized Willingham to sell guns while the revocation played out. Finally, in August 2006, more than a year after the courts ruled in favor of the ATF, Willingham's license extensions lapsed.
The ATF visited to make sure Willingham understood that his license was no longer valid. He told them he was transferring his inventory to his father, who had worked with him at the shop and had secured his own ATF dealer's license for the location. ATF inspectors reported that the father told them he would operate his gun business "inside his son's sporting-goods store."
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