Constitutional Law

Predictable spin on "Operation Gunwalker"

Spin: the fact that the agency allowed 1,700 guns to go to drug cartels proves they need more money and more laws to enforce.

"America?s frontline agencies aren?t always coordinated fully and often feel powerless to arrest suspected gun runners in the absence of tougher federal laws. As a result, weapons from an ATF sting in Arizona called ?Fast and Furious? unwittingly ended up in the possession of a trafficking ring in a neighboring state while other guns crossed the border and at least one showed up at a murder scene in Mexico."

"James Cavanaugh, a former ATF commander, said stemming the flow of guns to Mexico is a Herculean task given the lack of law-enforcement resources and political will.

?I don?t see how it?s realistically going to slow down if we don?t make changes in resources, laws and policies,? he said. ?It?s important because people are being slaughtered.?

Agents and prosecutors have been especially passionate in pleading for Congress to pass a specific law banning gun trafficking, and have repeatedly watched as courts threw out cases against straw buyers who made purchases that were technically legal."

1) ATF is saying that straw purchases are "technically" legal? Interesting news to folks who were prosecuted for them.

2) If they didn't have the resources to investigate, or the laws to enforce, why did they let the sales go through? Is this "we're going to keep on doing it and if you don't give us money it'll happen again." ?

3) Let's see... the 4473 form has a box asking if the buyer is purchasing for himself. Lying on the form is a felony. Transferring a gun with reasonable cause to believe that it will be used to commit a felony is another violation, punished by up to ten years' imprisonment.

And then there's 22 U.S. Code §2778, giving the President broad power to restrict export of "defense articles.' and requiring registration of any exporting the same (violations punishable by up to ten years' imprisonment) and 18 U.S. Code §554:

"Whoever fraudulently or knowingly exports or sends from the United States, or attempts to export or send from the United States, any merchandise, article, or object contrary to any law or regulation of the United States, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise, article or object, prior to exportation, knowing the same to be intended for exportation contrary to any law or regulation of the United States, shall be fined under this title, imprisoned not more than 10 years, or both."

And here's an ATF press release announcing indictments for illegally exporting firearms to Columbia. I bet the defendants would be surprised to hear that ATF says there are no laws against exporting arms!

Full post as published by Of Arms and the Law on March 24, 2011 (boomark / email).