Okay, I left Gunwalker in the hands of the competent, “serious”, “professional” bloggers for over ten months and made no public comment as child of a lesser blog, but *THIS* is funny!!
Apparently someone in the BATFE will be in court for high crimes and misdemeanors…..
Press Release from the Department Of Justice:
FROM: U.S. Dept. of Justice — Office of the Inspector General
FOR IMMEDIATE RELEASE — Wednesday, April 6, 2011
ATF AGENT INDICTED ON MULTIPLE FELONY CHARGES INVOLVING THEFT, FRAUD AND FIREARMS VIOLATIONS — Clifford Dean Posey Charged In Twenty Count Indictment
RICHMOND, VIRGINIA — A special agent with the Bureau of Alcohol, Tobacco,
Firearms and Explosives has been charged in a twenty count indictment with a
variety of federal crimes that allegedly occurred in the course of his official
In an indictment returned under seal on Tuesday, the grand jury has charged
Clifford Dean Posey, 43, of Chesapeake, Va. with six counts of wire fraud, six
counts of embezzlement, two counts of possessing stolen firearms, four counts of
making false statements and two counts of money laundering. The indictment was
unsealed earlier today following Poseyâ€™s arrest and initial court appearance.
According to the indictment, as part of his duties Posey came into possession of
various items of property that were under his control, including but not limited
to firearms, cigarettes, tobacco products and United States currency. Beginning
no later than 2007, Posey began falsifying documents relating to firearms under
his custody and control in order to embezzle and convert them to his own use. On
one occasion included in the indictment, Posey advertised for sale firearms he
had come into custody of by virtue of his employment.
The indictment charges that during 2010 the defendant assisted in the
investigation of illegal cigarette trafficking. Posey obtained the access code
to a storage unit containing cigarettes intended for use in undercover tobacco
investigations. The defendant later contacted two potential targets of the
investigation and offered to undercut the negotiated ATF price, an action the
defendant was not authorized to take and one he failed to disclose to ATF, as
pursuant to protocol.
Beginning in July 2010 Posey was the lead case agent in an undercover tobacco
investigation and, in that capacity, was entrusted with the custody and control
of cigarettes and other tobacco products. The indictment alleges that on four
separate occasions from September 4 through November 19, 2010, Posey sold
cigarettes in his control by virtue of his employment,
retained the proceeds and failed to report the transactions to the ATF or any
other law enforcement officers working on the investigation.
The indictment also alleges that Posey falsely submitted receipt and release
reports to the ATF regarding firearms. The defendant claimed in the reports that
several stolen firearms were either released to the rightful owner or destroyed,
when in fact the defendant had taken possession of those firearms.
The investigation of the case was conducted by the Department of Justice Office
of the Inspector General, with the assistance of the ATF and the City of Hampton
Police Department. Assistant United States Attorney Joseph Mott is prosecuting
the case for the United States. This case is being handled by the United States
Attorneyâ€™s Office for the Western District of Virginia as a recusal matter
from the United States Attorneyâ€™s Office for the Eastern District of Virginia.
A Grand Jury indictment is only a charge and not evidence of guilt. The
defendant is entitled to a fair trial with the burden on the government to prove
guilt beyond a reasonable doubt. ###
Nothing could go wrong with a committee hearing that includes this crowd:
Al Franken,Lindsey (RINO) Graham,Dianne Feinstein,Arlen (Cashiered RINO) Specter,Chuck Schumer. Yup, I am not worried. Nope, not a bit.
Members of The Senate Judiciary Committee:
Patrick Leahy, Vermont, Chairman
Herb Kohl, Wisconsin
Dianne Feinstein, California
Russ Feingold, Wisconsin
Chuck Schumer, New York
Dick Durbin, Illinois
Ben Cardin, Maryland
Sheldon Whitehouse, Rhode Island
Amy Klobuchar, Minnesota
Ted Kaufman, Delaware
Arlen Specter, Pennsylvania
Al Franken, Minnesota
Jeff Sessions, Alabama, Ranking Member
Orrin Hatch, Utah
Chuck Grassley, Iowa
Jon Kyl, Arizona
Lindsey Graham, South Carolina
John Cornyn, Texas
Tom Coburn, Oklahoma
David Codrea has his eye on the story:
Sipsey Street Irregulars delivers the appropriately skeptical analysis:
The Welshman will post updates in his 2nd Amendment Roundup:
Here we go again.
While the Spaghetti Spined Republicans sing a rousing chorus of their version of Little Orphan Annie’s Tomorrow, the malignant Democrats continue their trek to destroy America from within virtually unmolested.
The sun’ll come out
Bet your bottom dollar
There’ll be sun!
It is three minutes to midnight on the tyranny clock. Do you know where your Government Kakistocrats are?
Maybe you should check.
Be sure to click on the Lead Charge Tab. From 2003 to 2007 60 Percent of all convictions were violations of 18 USC 922. A total of 5000- 6000 per year!! Any bets as to how many of these were directed at Gunshops and other FFL’s?
This idiocy is an insult to Keystone Cops everywhere.
A few of my personal favorite choice selections from the report. Do you think YOU would get a 3 day suspension for ANY of these offenses? More like 10-20 in a Federal Penitentary!Remember, this is the agency that declared jihad on 300,000 Mom-and-Pop Gun Stores over the past decade. (Emphasis added)
Special Agent left weapon ON AN AIRPLANE!!!!!!! Later returned to agent by airport authorities.
Special Agent left her weapon in her purse on a shuttle AT AN AIRPORT! Later recovered from Airport Police.
Special Agent left weapon in dressing room of clothing store. The agent did not report the loss. Supervisor learned of loss when local police ran a trace.
Special Agent left weapon in a gas station bathroom. The agent did not report the item missing and did not immediately retrieve it when it was recovered.
Link to Government Report (PDF):
Business Week Story Link:
Tantalizing Commentary Excerpt:
It is especially troubling that that ATF’s rate of loss for weapons was nearly double that of the FBI and DEA, and that ATF did not even know whether most of its lost, stolen, or missing laptop computers contained sensitive or classified information,” he added.
Here is a report from yesteryear detailing a previous skirmish over manufacturer’s licenses.
Do you need a manufacturer’s license?
Clark responded with a letter to Wendorff in which he pointed out that, “According to Subchapter D of Chapter 32 of the IRS Code of 1954 as amended, Sections 4161 and 418 1, dealers who produce less than 50 units per annum are not liable for the excise tax.
“In 1989, we produced only 22 units; so unless we are advised otherwise, we will assume we owe no excise taxes at this time.”
That letter went out in late April; and as of late July, Clark had not heard otherwise. When I talked with Clark at that time, he told me, “All we were trying to do was get some questions answered.”
This exchange of letters is of special significance in light of the fact that – as I reported in the May issue – some small makers of custom guns (less than 50 per year) have been informed by the IRS that they owe excise tax on all firearms built between 1983 and 1990.
The IRS is apparently claiming that the 1982 law exempting small makers applied to 1982 only. However, there is evidence that they back off if challenged although you still have an attorney to pay. More on that in a later column.
Beginning next Jan. 1, ATF will be in charge of collecting that tax.
Then there is the legislative front! As you are probably painfully aware, news from the federal level regarding the gun issue reads like a war report – with the enemy on the offensive.
From the administration of the “Vote Freedom First” President George W. Bush, the ATF launches another breathtaking power grab.
New Link to replace dead link:
Text of File:
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Firearms Technology Branch
August 15, 2008
Martinsburg, West Virginia 25405
Manufacturing of Firearms
Below are examples of operations performed on firearms and guidance as to whether or not such operations would be considered manufacturing under the Gun Control Act (GCA). These examples do not address the question of whether the operations are considered manufacturing for purposes of determining excise tax. Any questions concerning the payment of excise tax should be directed to the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury.
Generally, a person should obtain a license as a manufacturer of firearms if the person:
1) is performing operations that create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them making the changes, and then reselling them);
2) is performing the operations as a regular course of business or trade; and
3) is performing the operations for the purpose of sale or distribution of the firearms.
1. A company produces a quantity of firearm frames or receivers for sale to customers who will assemble firearms. The company is engaged in the business of manufacturing firearms and should be licensed as a manufacturer of firearms.
2. A company produces frames or receivers for another company that assembles and sells the firearms. Both companies are engaged in the business of manufacturing firearms, and each should be licensed as a manufacturer of firearms.
3. A company provides frames to a subcontractor company that performs machining operations on the frames and returns the frames to the original company that assembles and sells the completed firearms. Both companies are engaged in the business of manufacturing firearms and should be licensed as manufacturers of firearms.
4. A company produces barrels for firearms and sells the barrels to another company that assembles and sells complete firearms. Because barrels are not firearms, the company that manufactures the barrels is not a manufacturer of firearms. The company that assembles and sells the firearms should be licensed as a manufacturer of firearms.
5. A company receives firearm frames from individual customers, attaches stocks and barrels, and returns the firearms to the customers for the customers’ personal use. The operations performed on the firearms were not for the purpose of sale or distribution. The company should be licensed as a dealer or gunsmith, not as a manufacturer of firearms.
6. A company acquires one receiver, assembles one firearm, and sells the firearm. The company is not manufacturing firearms as a regular course of trade or business and is not engaged in the business of manufacturing firearms. This company does not need to be licensed as a manufacturer.
7. An individual acquires frames or receivers and assembles firearms for his or her personal use, not for sale or distribution. The individual is not manufacturing firearms for sale or distribution and is not required to be a licensed manufacturer.
8. A gunsmith regularly buys military-type firearms, Mausers, etc., and sporterizes” them for resale. The gunsmith is in the business of manufacturing firearms and should be licensed as a manufacturer.
9. A gunsmith buys semiautomatic pistols and modifies the slides to accept a new style of sights. The sights are not usually sold with these firearms and do not attach to the existing mounting openings. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms, and the gunsmith should be licensed as a manufacturer.
10. A gunsmith buys government model pistols and installs “drop-in” precision trigger parts or other “drop-in parts” for the purpose of resale. This would be considered the manufacturing of firearms, as the gunsmith is purchasing the firearms, modifying the firearms, and selling them. The gunsmith should be licensed as a manufacturer.
11. A gunsmith buys surplus military rifles, bends the bolts to accept a scope, and then drills the receivers for a scope base. The gunsmith offers these firearms for sale. This would be considered the manufacturing of firearms, and the gunsmith should be licensed as a manufacturer.
12. A gunsmith buys surplus military rifles or pistols and removes the stocks, adds new stocks or pistol grips, cleans the firearms, then sends the firearms to a separate contractor for bluing. These firearms are then sold to the public. This would be considered manufacturing of firearms, and the gunsmith should be licensed as a manufacturer.
13. A company purchases surplus firearms, cleans the firearms, then offers them for sale to the public. The company does not need to be licensed as a manufacturer.
14. A company produces firearms or firearm receivers and sends the firearm/receivers out for colorizing (bluing, camouflaging, phosphating, or plating) and/or heat treating. Do the companies performing the colorization and/or heat treating need to be licensed as manufacturers, and are the companies required to place their markings on the firearm? ATF has determined that both colorization and heat treating of firearms are manufacturing processes. The companies performing the processes are required to be licensed as manufacturers. If the companies providing colorization and/or heat treating have not received variances to adopt the original manufacturer’s markings, they would be required to place their own markings on any firearm on which they perform the manufacturing process of colorization and/or heat treating.
Some of you may remember the BATFE classified a shoestring as a machinegun a few years back subject to regulation under the NFA.
Maybe they have not had time to regulate rubber bands (yet).
The boys at Poor Man’s Machinegun explain it all to you.