The Hill: Gun Crackdowns Ignore Waco & Other ATF Atrocities

Source: The Hill
Published: Mar 7, 2018
Author: James Bovard
Post Date: 2018-03-08 08:39:38 by Deckard
Views: 3577

by James Bovard

President Trump declared last week that the law enforcement should “take the guns first, go through due process second.” But the history of federal firearms enforcement shows that due process is often a mirage when federal bureaucrats drop their hammer. Before enacting sweeping new gun prohibitions, we should remember the collateral damage and constitutional absurdities from previous federal crackdowns.

Gun control advocates have called for prohibiting possession of AR-15 rifles — a ban that could create five million new felons overnight, since most owners would not meekly surrender their firearms at the nearest federal office. Others advocate outlawing all semi-automatic firearms — an edict first floated by the Clinton administration that would create tens of millions of new offenders.

But before vesting vast new power in federal enforcers, the record of the Alcohol, Tobacco and Firearms (ATF) agency must be considered. A 1982 Senate Subcommittee on the Constitution report on ATF concluded, “Enforcement tactics made possible by current firearms laws are constitutionally, legally, and practically reprehensible.” Outrageous abuses have continued to the present day. An analysis conducted for the University of Chicago found that ATF heavily targeted racial minorities in its entrapment operations. And across the nation, ATF has been caught using mentally handicapped individuals in sting operations.Sweeping new firearms prohibitions would enable the feds to selectively target unpopular offenders. The biggest debacle resulting from prior such targeting occurred 25 years ago last week outside of Waco, Texas. The federal Alcohol Tobacco and Firearms (ATF) agency saw the Branch Davidians — a fringe Protestant group that quickly became maligned as a cult — as the perfect patsies for a high-profile raid that would make G-men look like heroes.

Waco illustrates how, if the feds decide to vilify someone, their prior efforts to comply with the law will vanish from the record. In July 1992, ATF agent Davy Aguilera visited the Branch Davidians’ gun dealer, Henry McMahon, who suggested the Davidians were illegally converting semiautomatic firearms to full automatic firing capacity, a federal felony. When Davidian leader David Koresh was told that allegation, he invited Aguilera to visit the Davidians’ residence and carry out an on-the-spot inspection. Aguilera refused the invitation and his subsequent affidavit application to search the Davidians’ residence “contained an incredible number of false statements,” according to a 1996 congressional report.

Federal agencies will likely design crackdowns on firearms violators to maximize publicity and impress Congress. On February 28, 1993, more than 70 ATF agents launched a frontal attack (including 3 military helicopters) on the Davidians’ sprawling wooden residence. Prior to the assault, the ATF alerted several television stations to assure coverage of a raid expected to seize a big cache of weapons. CBS’s 60 Minutes disclosed that ATF agents said “the initial attack on that cult in Waco was a publicity stunt — the main goal of which was to improve ATF’s tarnished image.” A 1996 congressional investigation noted that ATF deliberately chose a “dynamic entry approach. The bias toward the use of force may in large part be explained by a culture within ATF,” including “promotional criteria.”

Gun owners who are targeted will find it almost impossible to learn about federal conniving. ATF claimed a surprise attack was necessary because Koresh almost never came out of his home. Six years later, thanks to FOIA hounding by lawyer David Hardy, the ATF finally disclosed a memo revealing that, nine days before the raid, two undercover ATF agents (recognized as such by Koresh) knocked on the door of the Davidian residence and invited Koresh to go shooting. Koresh, two other Davidians, and the two agents had a fine time shooting AR-15s and Sig-Sauer semiautomatic pistols. But easily arresting Koresh that day would have preempted the biggest raid in ATF history.

Federal guilt will vanish in the bureaucratic catacombs. After the raid turned into a debacle, leaving four ATF agents and six Davidians dead, the ATF claimed Davidians “ambushed” their agents, a story promoted by the vast majority of the media. But after ATF agents told superiors that the ATF shot first, the ATF ceased its shooting review to avoid creating documents that could subvert any court case against the Davidians. The ATF “ambush” narrative spurred the FBI to become far more punitive against the Davidians in the subsequent 51-day siege.

Gun control advocates may shrug off ATF misconduct at Waco as a once-in-a-bureaucratic-lifetime fluke. Tell that to Mexicans – 150 of whom died because of the ATF’s Fast and Furious gun-running scheme that illegally sent thousands of firearms into Mexico during Obama’s presidency.

Gun owners fear a revival of 1990s federal enforcement efforts that endlessly vilified them. In a 1994 Supreme Court case, the Clinton administration argued that gun owners are the legal equivalent of drug dealers who should be presumed guilty. The Justice Department solemnly told the Court: “One would hardly be surprised to learn that owning a gun is not an innocent act.”

The case of Harold Staples vs. U.S. involved an AR-15 that the ATF had tampered with after seizing to convert it into an illegal automatic weapon.  Justice Clarence Thomas, writing for the 7-2 court majority rebuke of the Clinton administration, declared, “The government’s position, is precisely that ‘guns in general’ are dangerous items. (For) the Government … the proposition that a defendant’s knowledge that the item he possessed ‘was a gun’ is sufficient for a conviction.” If the White House is occupied by someone who derides the Second Amendment, scores of millions of gun owners could be victimized by similar or worse toxic legal nonsense.

“Show us the gun and we’ll find a crime” crackdowns work out great for bureaucrats but ravage citizens and the Constitution. There are already sufficient laws on the books to disarm people who pose stark public threats, such as alleged Florida school shooter Nikolas Cruz.  Sweeping gun bans multiply the number of criminals while doing little or nothing to reduce violence.

James Bovard is a USA Today columnist and the author of 10 books, including “Lost Rights: The Destruction of American Liberty” (St. Martin’s Press, 1994).

Post Comment   Private Reply

#1: Gatlin    To: Deckard (#0)

You know, Deckard....I seriously doubt you could survive each day if you couldn’t find something to continuously whine and complain about or some scare tactic to promote.

Gatlin posted on 2018-03-08 08:49:32   Reply   Private Reply

#2: Deckard    To: Gatlin (#1)

You know Parsons - your entire posting history here appears to be a constant spate of whining, crying, bitching or complaining. Figures that you'd whine about this article as well.

Go change your Depends gramps.

Deckard posted on 2018-03-08 08:57:27   Reply   Private Reply

#3: Gatlin    To: Deckard (#2)

“Attaboy.”

You can NEVER think of new rebuttals or give any contributing explanatory comments.

***YAWN***

All you can do is just CONINUE to copy and repost comments by others.

Thus is the copycat life that you have destined yourself to living.

And DO try, please, really try hard to come up with some new catch zap phrases....PLEASE.

Also. remember Globalist....TO ALWAYS PUT AMERICAN FIRST.

Gatlin posted on 2018-03-08 09:40:52   Reply   Private Reply

#4: A K A Stone    To: Deckard (#2)

Just curious. Were you a flower child hippy in the 60's?

A K A Stone posted on 2018-03-08 09:43:08   Reply   Private Reply

#5: Deckard    To: Gatlin (#3)

All you can do is just CONINUE to copy and repost comments by others.

Seriously whiner? Read it again Parsons - You know Parsons - your entire posting history here appears to be a constant spate of whining, crying, bitching or complaining. Figures that you'd whine about this article as well.

Go change your Depends gramps.

Those are My comments.

Sod off troll.

Deckard posted on 2018-03-08 09:45:06   Reply   Private Reply

#6: Deckard    To: A K A Stone (#4)

Just curious. Were you a flower child hippy in the 60's?

Waco didn't happen in the sixties brainiac.

Deckard posted on 2018-03-08 09:45:48   Reply   Private Reply

#7: A K A Stone    To: Deckard (#6)

Just curious. Were you a flower child hippy in the 60's? Waco didn't happen in the sixties brainiac.

Thanks for stating the obvious.

Were you a flower child and hippie and the sixties?

A K A Stone posted on 2018-03-08 10:01:14   Reply   Private Reply

#8: Gatlin    To: Deckard (#0)

Can you please explain to everyone, in your own words of course and without benefit of some long “fluff piece”of boringly insignificant “copy and paste” spam....just what critically important information is contained in this article that compelled you to share it with us.

Thank you for your gracious consideration in doing this ...

Gatlin posted on 2018-03-08 10:18:03   Reply   Private Reply

#9: Deckard    To: Gatlin (#8)

The federal government is NOT your friend.

They lie, steal kill and rob American citizens as a matter of policy.

When are you going to wake up and realize that?

Trump's verbal diarrhea "Take guns first and worry about due process later" should deeply offend every gun owner in America.

I've already posted one article that shows how a simple complaint by one hoplophobic liberal shitbag can result in your guns being confiscated.

Have you learned nothing from Waco?

Bleat away Parsons you submissive little sheep.

Deckard posted on 2018-03-08 10:31:53   Reply   Private Reply

#10: Deckard    To: A K A Stone (#7)

I was in high school in the late sixties - then went in the Air Force.

Why are you such a nosy Nellie?

Deckard posted on 2018-03-08 10:33:30   Reply   Private Reply

#11: Hondo68    To: A K A Stone (#7)

I had a Paisley tie when I worked in Sears hardware department, does that count?

Hondo68 posted on 2018-03-08 10:51:12   Reply   Private Reply

#12: Gatlin    To: Deckard (#9)

The federal government is NOT your friend.
I know that, stupid.

But YOU need to learn that government is necessary and how to stop with your obsessive and uncontrollable hatred against it.

They lie, steal kill and rob American citizens as a matter of policy.
That is a stereotypically paranoid gross generalization for which you are profoundly and famously known and that characterizes your posts.
Trump's verbal diarrhea "Take guns first and worry about due process later" should deeply offend every gun owner in America.
Not when you relate to the context in which it was spoken while considering the true and meaningful intent behind it. It then make sense to all rational individuals....excluding liberals and a certain globalist, in some case.
Have you learned nothing from Waco?
Oh, yea....I have learned to never become a cult leader and lock myself up in a barn with my followers while I was marrying girls as young as 12.

Gatlin posted on 2018-03-08 12:05:28   Reply   Private Reply

#13: Gatlin    To: Deckard, A K A Stone (#10)

- then went in the Air Force.
Ah, THAT was when the Air Force started to get all fucked up.

I remember the time well....I never until now knew the cause.

Gatlin posted on 2018-03-08 12:07:41   Reply   Private Reply

#14: jeremiad    To: Deckard (#0)

The Right goes silent when their guy is in the WH. We as a people are slaves without chains, if we give up our guns we become slaves without a way out.

Republicans are the ones to fear when it comes to gun control. They will sell us out for a pat on the back.

jeremiad posted on 2018-03-08 12:22:11   Reply   Private Reply

#15: Hondo68    To: jeremiad (#14)

Republicans are the ones to fear when it comes to gun control. They will sell us out for a pat on the b

Aye, the same with DACA and the other illegal aliens amnesty.

Hondo68 posted on 2018-03-08 12:27:12   Reply   Private Reply

#16: Deckard    To: jeremiad (#14)

The Right goes silent when their guy is in the WH.

You hit the nail on the head - had Obama proposed more gun restrictions during his time in office, the Republicans here would have screamed bloody murder.

Deckard posted on 2018-03-08 12:37:56   Reply   Private Reply

#17: U don't know me    To: Gatlin (#1)

couldn’t find something to continuously whine and complain about

Not hard to find in today's society.

U don't know me posted on 2018-03-08 21:15:22   Reply   Private Reply

#18: Gatlin    To: U don't know me, Deckard (#17)

couldn’t find something to continuously whine and complain about Not hard to find in today's society.
Most people think that indulging is a bit of a moan is a good idea because you “vent.” They seem to think by getting their emotions out is a reason they’ll feel better.

But, that’s not true. Complaining is bad for your mood and the mood of others. There’s more that’s wrong with constant negativity. It’s also bad for your brain and for your health. Don’t laugh....yes, it really is.

Complaining not only alters your brain for the worse but it also has serious negative effects for your mental health. In fact, complaining can literally kill you.

Gatlin posted on 2018-03-08 21:39:28   Reply   Private Reply

#19: tpaine    To: Gatlin claims marrying girls as young as 12 should be a death sentance. ---- Y'ALL (#12)

Have you learned nothing from Waco?

Oh, yea....I have learned to never become a cult leader and lock myself up in a barn with my followers while I was marrying girls as young as 12.

Gatlin claims marrying girls as young as 12 should be a death sentance for everyone mesmerized and living in 'a barn', ---- with a cultist like Koresh..

Something is seriously wrong with 'qatlin', over and above the fact that he's a troll...

tpaine posted on 2018-03-08 22:01:16   Reply   Private Reply

#20: Stoner    To: tpaine, Deckard, Gatlin, all (#19)

You know, all this verbal jousting on LF is getting rather tiresome. I suggest the following for the participants:

1. Either grow up, STFU, and ignore each other

or

2. Arrange to meet each other in the middle of a field. Pair off. No weapons, only bare knuckle, and go at it. Could even set up a camera, put the " party " on LF. I am sure some here would like to see some of them get the shit kicked out of them ! LOL

# 1 Would make LF a more pleasant site for the rest of us

# 2 would do the following:

That would get their differences settled, and maybe, maybe get some to quit running their mouth. We do have some that are frequently afflicted with diarrhea of the mouth!! Some, this might be doubtful, but we can hope ! LOL

It would make LF more pleasant for the rest of us

It would save the site a lot of bandwidth.

It might even be entertaining to see some of them get their asses kicked. LOL

Who would like to see them duke it out ?

I will vote for them to duke it out.

Stoner posted on 2018-03-09 12:26:39   Reply   Private Reply

#21: tpaine    To: Stoner, Y'all (#20)

You know, all this verbal jousting on LF is getting rather tiresome.

We do have some that are frequently afflicted with diarrhea of the mouth!

I will vote for them to duke it out.

Tell it to gatlin, misterwhite, and their toadies, who spout agitprop daily, defending unconstitutional big government positions without even attempting to seriously debate.

Good luck in trying to get those cowards to 'duke it out'. --- And give me a ping if you find anyone that will.... I won't hold my breath while waiting..

tpaine posted on 2018-03-09 15:24:31   Reply   Private Reply

#22: Stoner    To: tpaine (#21)

" Tell it to gatlin, misterwhite, and their toadies, who spout agitprop daily, "

Sorry, I forgot to ping it to misterwhite. I did ping gatlin. & I failed to ping their toadies.

I thought you would get kick out of the image of gatlin getting his ass kicked.

You did didn't you ? LOL !

Stoner posted on 2018-03-09 17:08:46   Reply   Private Reply