"There is no gun-trafficking statute," said James Cavanaugh, a retired ATF supervisor. "We've been yelling for years that we need a gun-trafficking statute because these cases are so difficult to prove."In the paragraph immediately prior to his outright falsehood, the statement is made that the cases against so-called 'Straw Purchasers' "rarely amount to more than charges of lying on federal documents."
Let's examine that one for a bit. ATF Form 4473 (the form which MUST be completed in order to purchase a firearm at a dealer) clearly states in the header the following:
WARNING: You may not receive a firearm if prohibited by Federal or State law. The information you provide will be used to determine whether you are prohibited under law from receiving a firearm. Certain violations of the Gun Control Act, 18 U.S.C. 921 et. seq., are punishable by up to 10 years imprisonment and/or up to a $250,000 fine.And, in the area where the purchaser is attesting that they are buying for themselves (Section 11.a.), it states:
If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.Below this is another warning:
I understand that answering "yes" to question 11.a. if I am not the actual buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law.Let's examine this for a second. A person purchasing a firearm for another person (the definition of a 'straw purchaser') is committing a Federal FELONY. If arrested and convicted, that person is now a PROHIBITED PERSON who can NO LONGER purchase or possess a firearm. Furthermore, the crime is punishable by a jail term of up to 10 years, and a fine of up to $250,000. Yet, Jim Cavanaugh whines that the ATF can only prosecute them for 'paperwork violations'?
Are you KIDDING ME?
"Paperwork violations" are the meat and potatoes of ATF's daily business, especially against gun dealers. Catching and prosecuting the real bad actors isn't sexy, but the existing law DOES have teeth.
Instead, ATF runs illegal weapons smuggling operations, in hopes of doing the DEA's job of stopping the drug cartels. They force the licensed gun dealers to cooperate under threat of their livelihood, and are complicit in the commission of numerous felonies that violate their very own laws. All the while, law-abiding gun owners and gun dealers are persecuted by Lefty Statist gun grabbers and professional pro-crime activists like the Brady Campaign.
I don't know about you, but I think it is time to cut this agency down to size. (Only because it is going to be a while before we repeal NFA34, GCA68, and FOPA86).
Have you contacted your congresspeople yet? Does your Representative know about "Gunwalker"? How about your Senator? If not, WHY NOT? What are you waiting for, an engraved invitation to participate in representative government?? If YOU don't contact them, THEY won't care about this issue.