Bloomberg 'Stonewalling' ATF on Gun 'Sting' Videos
By Nathan Burchfiel
CNSNews.com Staff Writer
August 30, 2006
(CNSNews.com) - More than three months after news broke of New York Mayor Michael Bloomberg's undercover "sting" operations aimed at out-of-state gun stores, the firearms industry is questioning whether the investigations produced any actual evidence of wrongdoing.
Earlier this year, Bloomberg's office hired private investigators to attempt illegal firearms purchases from federally licensed gun dealers in Georgia, Ohio, Pennsylvania, South Carolina and Virginia. The goal was to prove that out-of-state stores contribute to crime in New York City.
The investigators wore hidden cameras while trying to conduct "straw purchases," in which one person - who is not legally qualified to purchase a firearm - shows interest in buying a gun but another person completes the paperwork for a federal background check.
In May, Bloomberg announced that the city was filing a civil lawsuit in federal court against 15 gun dealers who allegedly allowed such purchases to take place. Last month, at least two of the dealers reached a settlement with the city. In a news release about those settlements, Bloomberg called on the remaining 13 dealers to do the same.
In his May announcement, Bloomberg also criticized the federal agency responsible for regulating gun dealers for not pursuing "straw purchases" more aggressively. Specifically, he accused the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) of being "asleep at the switch."
Virginia Lam, a spokeswoman for the Bloomberg administration, told Cybercast News Service in a written statement that the city hasn't given the tapes to ATF because the federal agency "has been unwilling to enter into a data sharing agreement with the City which would govern the public disclosure of evidence."
The federal agency has not said whether it will seek a court order forcing the city to surrender the recordings, which could contain evidence of federal crimes committed by either the gun dealers, the investigators hired by the city, or both.
Lawrence Keane, a senior vice president of the National Shooting Sports Foundation, criticized Bloomberg for "stonewalling" ATF officials by not turning over the hidden camera footage of his investigations.
"I can't understand why he would be stonewalling giving those tapes to federal law enforcement officials so that they can do the job he's accusing them of not doing," Keane told Cybercast News Service. "If they're not doing the job in this case it would appear to be because the mayor, himself, is stonewalling."
Keane said Bloomberg should cooperate with federal officials because his "sting" operations "jeopardized as many as 18 ongoing criminal investigations."
"If anybody broke the law, whether it's a dealer or one of their employees, or whether it's one of the mayor's investigators," Keane said, "they ought to be arrested and prosecuted."
Some Second Amendment supporters say the private investigators did break the law, both by participating in the illegal purchases and by providing false information on the federal background check forms.
In this situation, the private investigators had no law enforcement authority beyond that of an average citizen, and the fact that they were employed by the mayor's office at the time would not exempt them from prosecution, Second Amendment supporters say.
Keane, who said he has not seen the tapes, questioned whether the recordings show any viable evidence.
"Whether the tapes are admissible in court or not," Keane said, "the mayor said he was going to turn them over. He said they contained evidence of criminality by these dealers he called the worst of the worst."
Rich Marianos, a spokesman for ATF, declined to say if New York City officials are working with ATF agents to pursue further investigations or criminal charges because "there are pending civil and pending criminal issues that would be inappropriate for ATF to comment on at this time."
Lam said New York City is "working with ATF and [we] are hopeful that we will come to an agreement so that the city can provide the balance of the evidence."
http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200608/CUL20060830a.html
By Nathan Burchfiel
CNSNews.com Staff Writer
August 30, 2006
(CNSNews.com) - More than three months after news broke of New York Mayor Michael Bloomberg's undercover "sting" operations aimed at out-of-state gun stores, the firearms industry is questioning whether the investigations produced any actual evidence of wrongdoing.
Earlier this year, Bloomberg's office hired private investigators to attempt illegal firearms purchases from federally licensed gun dealers in Georgia, Ohio, Pennsylvania, South Carolina and Virginia. The goal was to prove that out-of-state stores contribute to crime in New York City.
The investigators wore hidden cameras while trying to conduct "straw purchases," in which one person - who is not legally qualified to purchase a firearm - shows interest in buying a gun but another person completes the paperwork for a federal background check.
In May, Bloomberg announced that the city was filing a civil lawsuit in federal court against 15 gun dealers who allegedly allowed such purchases to take place. Last month, at least two of the dealers reached a settlement with the city. In a news release about those settlements, Bloomberg called on the remaining 13 dealers to do the same.
In his May announcement, Bloomberg also criticized the federal agency responsible for regulating gun dealers for not pursuing "straw purchases" more aggressively. Specifically, he accused the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) of being "asleep at the switch."
Virginia Lam, a spokeswoman for the Bloomberg administration, told Cybercast News Service in a written statement that the city hasn't given the tapes to ATF because the federal agency "has been unwilling to enter into a data sharing agreement with the City which would govern the public disclosure of evidence."
The federal agency has not said whether it will seek a court order forcing the city to surrender the recordings, which could contain evidence of federal crimes committed by either the gun dealers, the investigators hired by the city, or both.
Lawrence Keane, a senior vice president of the National Shooting Sports Foundation, criticized Bloomberg for "stonewalling" ATF officials by not turning over the hidden camera footage of his investigations.
"I can't understand why he would be stonewalling giving those tapes to federal law enforcement officials so that they can do the job he's accusing them of not doing," Keane told Cybercast News Service. "If they're not doing the job in this case it would appear to be because the mayor, himself, is stonewalling."
Keane said Bloomberg should cooperate with federal officials because his "sting" operations "jeopardized as many as 18 ongoing criminal investigations."
"If anybody broke the law, whether it's a dealer or one of their employees, or whether it's one of the mayor's investigators," Keane said, "they ought to be arrested and prosecuted."
Some Second Amendment supporters say the private investigators did break the law, both by participating in the illegal purchases and by providing false information on the federal background check forms.
In this situation, the private investigators had no law enforcement authority beyond that of an average citizen, and the fact that they were employed by the mayor's office at the time would not exempt them from prosecution, Second Amendment supporters say.
Keane, who said he has not seen the tapes, questioned whether the recordings show any viable evidence.
"Whether the tapes are admissible in court or not," Keane said, "the mayor said he was going to turn them over. He said they contained evidence of criminality by these dealers he called the worst of the worst."
Rich Marianos, a spokesman for ATF, declined to say if New York City officials are working with ATF agents to pursue further investigations or criminal charges because "there are pending civil and pending criminal issues that would be inappropriate for ATF to comment on at this time."
Lam said New York City is "working with ATF and [we] are hopeful that we will come to an agreement so that the city can provide the balance of the evidence."
http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200608/CUL20060830a.html