Virginia Vs. NYC: Gun Wars - Marc Fisher at it again

[ZeSpectre]

Washington Post
http://blog.washingtonpost.com/rawfisher/2007/05/virginia_vs_nyc_gun_wars.html?hpid=news-col-blogs

Virginia Vs. NYC: Gun Wars
When New York City Mayor Michael Bloomberg learned that a whole bunch of the guns used in violent crimes in his town had been illegally purchased from shops in Virginia, he authorized his police officers to conduct undercover operations designed to nail those Virginia retailers.

Did Virginia thank New York for investigations that could help make the streets safer in both places? Did Virginia sheepishly admit that its own enforcement efforts were lacking and use the embarrassing moment to redouble its efforts?

You know the answers: Virginia did nothing of the sort. Rather, Virginia Attorney General Robert McDonnell turned around and attacked New York, touting a measure that makes it illegal for outsiders to do the kind of undercover operation that the NYC cops conducted in Virginia. McDonnell took on his fellow Republican, warning Bloomberg that his agents would be guilty of felonies if they tried to bring that dang law enforcement nonsense to the Old Dominion.

McDonnell told Bloomberg that "such non-law enforcement activities related to undercover illegal firearm purchases will be punishable as a felony in Virginia. While I understand that you are attempting to take steps that you believe may enhance the public safety of the citizens of New York City, such laws are Virginia's duty to enforce, and our outstanding state police take that duty seriously."

Gov. Tim Kaine was hardly better, telling the Post that "I want to enforce the laws, the law needs to be enforced, but I don't think you should have out there a bunch of rogue folks." Those "rogues" are not even Yankees: The New York City police hired Virginia-based investigators to do the necessary work in Virginia.

Last week, the New Yorkers appeared to back down, agreeing that if they continued their operations in Virginia, they would first notify the state police that they'd be coming on down.

McDonnell couldn't let that rest. He needed to gloat. So he went public with a statement pointedly noting that Bloomberg and company had cried Uncle. At which point the New Yorkers said, Whoa: ""We will not for one second back away from our tough law-enforcement efforts against illegal guns," Bloomberg spokesman Jason Post told the Richmond Times-Dispatch. "We caught Virginia gun dealers on videotape flagrantly violating the law -- and we wish that the attorney general would put as much time into enforcing the laws already on the books as he does on issuing press releases and engaging in turf battles. Right now, New Yorkers are paying a heavy price for his inattention to the Virginia gun dealers that contribute to the illegal trafficking market."

You'd think that less than a month after the shootings at Virginia Tech, the state's politicians wouldn't be quite so eager to wrap themselves in the loving arms of the gun lobby. You'd be wrong. Virginia Tech president Charles Steger said the other day that "We owe it to the injured, we owe it to the families of the fallen, and we owe it to all other schools and campuses in this country to examine all these issues . . . and find ways of preventing anything like this ever again." But rather than focus efforts on that mission, Virginia's top law enforcement official is falling all over himself to make it clear that he will even protect gun shop owners who are being accused of selling their wares illegally.

The Attorney General's coddling of gun dealers and their friends only encourages the kind of stunt that the Virginia Citizens Defense League will stage Thursday at the Mason District Government Center in Annandale. The group will hold a gala drawing for a semiautomatic pistol, a hunting rifle and ammunition to raise money for two of the gun shops against which Bloomberg has filed suit.

Fairfax County officials tell the Post's Tim Craig that they are unhappy about the gun event being staged in their government building, but they said they are powerless to halt the stunt because Richmond won't let local governments ban guns in public buildings.

Virginians can be grateful to the New York mayor for undertaking the law enforcement that their own state government fails to do, instead cowering before the almighty gun lobby.

 

[Ratzinger_p38]

Virginians can be grateful to the New York mayor for undertaking the law enforcement that their own state government fails to do, instead cowering before the almighty gun lobby.

This is one of the most maddening things I have ever seen, this whole 'sting'. I am not sure what he was trying to prove. You can lie on an ATF form and get guns? Make up a fake person and of course youll have no record!

 

[Nitrogen]

I loathe the smell of ignorance in the morning.

 

[atblis]

New York

Virginians can be grateful to the New York mayor for undertaking the law enforcement that their own state government fails to do, instead cowering before the almighty gun lobby.

So Virginia politicians should be doing what New Yorkers want, and not what Virginians want? At times, a double bird emoticon would be useful on this board.

Wow, that just reaffirms all my opinions about New Yorkers (I know, they're not all like that).

That just reeks of elitism.

 

[Meathook]

The sad thing is that Bloomberg is not in jail for this. Just like Pelosi when she came back from her treasonous activities in Syria. She should have been cuffed when she stepped off the plane.

These politicians that act outside of the law with immunity simply encourage others to do the same.

The lack of accountability sickens me.

 

[ZeSpectre]

Virginians can be grateful to the New York mayor for undertaking the law enforcement that their own state government fails to do, instead cowering before the almighty gun lobby.

So why, exactly are we supposed to be grateful to Bloomberg for breaking any number of state and federal laws with his vigilante actions? Oh because he's enforcing the law? Wait, he's enforcing the law by breaking the law so we should be grateful... oh hell I'm so confused

 

[nico]

. . . never mind the handful of legitimate ATF investigations that bloomberg either compromised or completely blew. If anything, his meddling will allow actual criminals (dealers participating in trafficking) to go free.

But that's irrelevant; you can't let facts get in the way of a good rant.

 

[strat81]

jurisdiction
One entry found for jurisdiction.
Main Entry: ju·ris·dic·tion
Pronunciation: "jur-&s-'dik-sh&n
Function: noun
Etymology: Middle English jurisdiccioun, from Anglo-French & Latin; Anglo-French jurisdiction, from Latin jurisdiction-, jurisdictio, from juris + diction-, dictio act of saying -- more at DICTION
1 : the power, right, or authority to interpret and apply the law
2 a : the authority of a sovereign power to govern or legislate b : the power or right to exercise authority : CONTROL
3 : the limits or territory within which authority may be exercised

 

[tinygnat219]

Tell Mr. Marc Fisher how you feel and how he's wrong. Again.

http://projects.washingtonpost.com/staff/email/marc+fisher/

 

[tinygnat219]

My response to Marc Fisher

For what it's worth:

Marc,
Your column this morning is so full of holes and misinformation it's difficult to know where to start, so I will start from the beginning.
You state that: "he (Bloomberg) authorized his police officers to conduct undercover operations designed to nail those Virginia retailers." Then why weren't New York City Police, or New York State Police conducting these "stings"? He used Private Investigators.

You also mention that: "Did Virginia thank New York for investigations that could help make the streets safer in both places?"
How could VA authorities thank Bloomberg for his efforts when they didn't know about them? These operations were conducted without coordination with or knowledge of the VA State Police, or the Bureau of Alcohol, Tobacco, and Firearms.

You also ask: "Did Virginia sheepishly admit that its own enforcement efforts were lacking and use the embarrassing moment to redouble its efforts?" What enforcement efforts were needed?
No laws were broken. In fact, it took a court order from the ATF to get Bloomberg to hand over the videotape "evidence". The ATF then refused to prosecute ANY of the gun stores named in Bloomberg's first suit because no laws had been broken. Bloomberg is fishing for something here and was probably surprised that he couldn't find anything.

Here are the facts that you obviously didn't verify when you wrote this article. This is becoming a disturbing trend with the Washington Post.

What VA's new legislation does is prevent rogue and private "sting" operations like those conducted by New York City's Mayor Bloomberg from bypassing the VA State Police. What Bloomberg did was to hire a private detective service to consduct "straw purchases" in gunstores where illegal guns found in NYC had been traced to. The problem with this strategy is that, aside from being a felony in VA, the gunstores don't have control of the firearm once it leaves the store and the purchaser has taken possession of it. So, one has to ask how effective this strategy is, and the answer is obvious: Not very.

Bloomberg is a known anti-gun politician. He is suing, in federal court, small mom and pop stores with a broad and loose interpretation of New York City's Public Nuissance laws. These are all CIVIL suits, not criminal suits.
One has to ask, why civil suits and not criminal suits. The answer again is simple, there is no evidence to support even a primea facie case.

Bloomberg coordinate with ANY local, state, or federal police forces (like the VA State Police, or the ATF). It took a court order from the BATF for him to turn over the "evidence" he collected in these "stings". Once the ATF reviewed the "evidence" the ATF refused to prosecute ANY of the dealers named in Bloomberg's first lawsuit because no law had been broken.

Now, Bloomberg on the other hand has attempted to conduct straw purchases (purchases where someone knowingly purchases a firearm for someone who cannot legally own one). At the very least, he's guilty of conspiracy to commit an illegal act. Bloomberg and his private investigators have committed a felony for every one of those form 4473s (the ATF form required for all gun purchases conducted by dealers) that were filled out. What is also not general knowledge is that Bloomberg and his cohorts also compromised several ATF investigations by conducting these "stings".

One might ask, if there is no evidence, no criminal charges, what's his real motive? Again, that's simple: What Bloomberg does with the dealers who acquiesce to his civil litigation machine, is this: He appoints a "special master" for three years who videotapes every transaction and has access to all of the confidential information on that form 4473 and provides it to NYC. Then, this "special master" has the power to levy fines if he deems the agreement has been violated in any size shape or form, and the 3 year clock resets. Of the original 4 that were sued in VA, one has acquiesced (Cole's in South Boston, VA due to fear of being driven out of business by sky high legal costs), one has gone out of business (rather than fight it or acquiese), and two are fighting him (which is the focus of the gun giveaway on Thursday).

If Bloomie was really serious about going after illegal guns, instead of small private businesses, he wouldn't skirt the criminal justice system and break laws himself. He would cooperate with the appropriate State and Federal authorities who have the power and legal requirements to go after criminals. That is the goal of the legislation recently passed and signed by McCain. Bloomberg's goal is to simply drive small dealers out of business with the threat of a backbreaking civil lawsuit, nothing more.

Mr. Fisher, I invite you come to the gun giveaway on Thursday. We will have cake, chips, soda, and good fellowship.

Here are the details:
The meeting starts at 8PM, and is open to the public and media
Mason District Governmental Center
6507 Columbia Pike
Annandale, VA 22003
For directions, call 703-256-8035

Mapquest:
http://tinyurl.com/29x23c

 

[strat81]

Awesome letter, tiny!