B-1 83 said:
eric76 said:
agsalaska said:
We had this discussion last week. It is not exactly as described but is awesome for the message.
- There is zero doubt that the current ATF bosses are tightening the screws and it is clearly on orders from Biden.
- This happens periodically and is not nearly as bad as it was in 2002-2004
- They are NOT, contrary to what yall want to believe, just revoking licenses at random for clerical errors.
- Most of these dealers have major violations. The article will make them sound like they did nothing but the one from the partisan rah rah article last week was a guy that released a gun without an active approval. Liek it or not thats a big problem.
- The most recent one I heard of had an employee selling guns to illegals and instead of reporting it tried to cover it up and got caught.
I am not a defender of the ATF, though I worked with them for 16 years and am very aware of their processes. Believe me when I say I would be first in line to abolish the ATF. And I am the one calling out the idiots who want bill of sales on private gun sales.
But this article is one of a thousand examples of partisanship based very loosely on the truth, and that general problem has us on a bad path.
One of the examples in the article involved a firearms dealer who sold a firearm to an out of state resident who had a valid concealed carry license for his home state.
Quote:
Leslie Gifford, an 82-year-old retiree who sold firearms out of his garage in Burlington, Kan., for the past three decades, tried to fight back when the ATF pulled his license last year for several violations including selling a gun to a man from Nebraska. Such sales are required to go through a dealer in the purchaser's home state.
At a hearing, Gifford said he thought the sale was allowed because the man had a concealed-carry license from Nebraska, and he apologized, according to ATF documents. He attributed other violations to being too busy.
The ATF wasn't moved by his pleas, ruling that "there is no legal justification for a licensee's claim that circumstances, such as being busy or overwhelmed, excuses the failure."
Gifford said he believes the government was determined to revoke his license, rather than reach a reasonable compromise.
"Mr. Biden wants to get rid of all of us little dealers," said Gifford. "Gets me wound up, boy. It's a political game, sure as hell."
What is the reason for banning dealers from selling firearms to people from other states possessing valid concealed carry licenses for their state? I wonder what his other violations were about.
I have read that there are so many laws that it is nearly impossible to avoid violating some.
What were the other violations that he was "too busy" to bother with?
I was curious about this. A web search found his "Final Notice of Denial of Appeal" at
https://www.atf.gov/docs/undefined/leslieegifford91fci-30547508pdf/downloadFrom the denial, these are the violations listed:
1) he did not timely record the acquisition of firearms:
Quote:
Specifically, hearing testimony and evidence revealed that Licensee had llll firearms in inventory that were not included in his Acquisition and Disposition bound book ("A&D book"). [Gov. Ex. 5; Hearing Transcript (..HT") pgs. 37-38]. During the inspection, Licensee admitted the violation and indicated that he "guess[ed] he overlooked them."
2) he did not timely record the disposition of firearms:
Quote:
The hearing testimony and evidence demonstrated tha mri rearms were transferred, but the required disposition infonnation was left blank in the A&D book. [Gov. Ex. 5; HT pg. 40]. Additionally,- fireanns that were listed as acquired could not be found in inventory and could not be reconciled through review of ATF Forms 4473. [HT pg. 41]. This required the completion of a theft and loss report. [Gov. Ex. 6; HT pg. 41-44]. During the inspection, Licensee admitted the violation and indicated that he "guess(ed) he overlooked them."
3) he didn't always perform a background check:
Quote:
On one occasion, Licensee willfully transferred a firearm to an unlicensed person without first contacting the National Instant Criminal Background Check System ("NICS") 2 and obtaining a unique identification number before allowing the transfer, in violation of 18 U.S.C. 922(t) and 27 C.F.R. 478.102(a)
This appears to have been the violation regarding the CCL holder from Nebraska.
4) he failed to complete a transaction record regarding an over the counter transfer of a firearm to someone without a CCL license:
Quote:
Specifically, was completed despite Item 30 of the A TF Form 44 73 being incomplete. The Government offered Exhibit 8 which was the form reflectin this transaction. Exhibit 8 shows that [Gov. Ex. 8; HT pgs . 53-54). Because the transfer did not take place on the same day as the initial certification, recertification by the purchaser was required in Item 30.
5) he transfered some firearms without verifying the identity of the transferee:
Quote:
the Government resented Exhibit 9 which contained Fonns 4473, pertaining to purchases b Exhibit 9 showed that Item 26.a was blank in all.. fonns. [Gov. Ex. 9). Additionally, in all - instances, conceal and cany permits, via Item 29, were used in lieu of recording a valid government issued identification in Item 26.a . [Id; HT pgs. 61-62). IO(IDIUJ]explained that this is an impennissible practice and that there is no exception to completing Item 26.a. [HT pg. 62). In response, Licensee stated, "[l]fl messed up, I messed up big time."