All posts by Chris Knox

What ATF Stands For

ATF – Always Think Forfeiture

 

A very dangerous mindset was revealed recently when the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) filed an Invitation for Bids to purchase 2000 Leatherman multi-tools engraved with the words “ATF – Asset Forfeiture” and “Always Think Forfeiture.” (emphasis added)

Imagine you had a job picking up defective widgets and the definition of exactly what constitutes a defect is rather subjective.  You have the authority to simply dust off a widget that some might call defective and put it back, or you can pick up a widget that seems to be perfectly good and, by poking and prodding a bit, find some minor discrepancy that you can call a defect and drop that one in your bag.  Now imagine that you get paid a bonus and get brownie points based on the value of the widgets you collect and some of the widgets are made of lead while others are made of gold.  You’re supposed to be focused on finding and removing the widgets with the worst defects, but do you think you might be tempted to instead focus on the gold widgets?  Might you pass over seriously flawed lead widgets in favor of questionably flawed gold widgets? 

That’s basically the position the Bureau of Alcohol, Tobacco, Firearms, and Explosives puts their agents in when they send them out to enforce firearms laws.  While the agency claims that they do not set quotas for their agents’ prosecutions, the agency uses successful prosecutions as the primary measure of their field agents’ performance.  Add to that the temptation of asset forfeiture – where the agency gets to keep seized assets and prosecuting agents get bonuses and “atta-boys” based on the value of assets seized – and there is clear potential for conflict of interest and abuse.

Is it possible that government enforcers would target a business or individual specifically because that entity had valuable assets that would be forfeited in a successful prosecution?  (And actually a prosecution can be unsuccessful and still result in forfeiture.)  If the agency gets to keep forfeited assets, use them to bolster their budget, and reward agents who successfully instigate actions that result in these windfalls, isn’t this creating conflict of interest and literally inviting abuse? 

Of course the ATF, like all other government agencies, is only interested in seeing that laws are obeyed and justice is done.  They would never seek to grow their agency just for the sake of growth and institutional ego or intentionally look for ways to pad their budget.  No doubt their focus in every investigation is always on finding criminal activity, stopping that activity, and bringing the perpetrators to justice.  If in that process, it turns out that the criminals have some ill-gotten gains that should be forfeited, it is only right that the agency and agents that successfully brought an end to the criminal enterprise should be rewarded…  They’re from the government and they’re here to help.

Update:  The original link disappered.  You can read the archived bid request and award announcement here.  

The contract was awarded to Freedom (sic) Enterprises of Spokane, Washington in the amount of $37,460.00.

Supremely Frustrating

           I'm not as thrilled as some with the oral arguments in the Heller case.  I was very bothered by some of the statements made and some of the things left unsaid.  Of course, this was just the oral arguments – 30 minutes per side with the Solicitor General getting 15 minutes of his own – and there were many, very thorough briefs submitted in the case.  I didn't like the way our side threw machineguns away (in an attempt to head off the Solicitor General's plan for lowered scrutiny) and I wasn't happy with the suggestion that the word "unreasonable" could reasonably be inserted in front of "infringed" in the Second Amendment.  I understand that some of this was gamesmanship, but I dislike it none the less.  As a matter of fact, I dislike the whole system that places so much weight on what prior courts have said and done.  I said before the arguments and I say it now, it is not a question of whether the Court recognizes an individual right, but how much weasel-room they allow to usurp that right.

            Based on their questions and comments during oral arguments and on prior statements regarding the right to bear arms, it is pretty clear that at least 5 and probably six or more Justices will agree that the Second Amendment guarantees an individual right of the people of the United States.

            Chief Justice Roberts, Justices Scalia, Alito, and Kennedy all made it pretty clear that they were convinced that the Second amendment references an individual right.  Justice Thomas was silent during the arguments, but past comments make it almost certain that he will join those 4 to seal a majority of the Court.  Justices Souter, Ginsburg, Breyer, and Stevens all asked questions trying to either support a position that the militia clause held some supremacy over the rest of the Amendment, or that some “reasonable” restrictions were permissible even under an individual rights interpretation, but even with their comments, it is quite possible that any or even all of them could come down on the side of an individual right.  Stevens and Breyer were the most openly hostile.  Souter was reaching, but not really arguing against the individual rights position, and Ginsburg was very focused on the question of reasonable restrictions.  Souter and Ginsburg could both end up going the right way on the individual versus collective question and if they do, it is possible that Stevens and Breyer will follow suit.  Any Justice that does stick with the   Continued…

Continue reading Supremely Frustrating

Heller Case Goes Better Than Expected

I've again taken the liberty of appropriating Alan's report.  Sounds like it was a great day for gun rights.  As we've said before, the fight goes on regardless which way the Supremes rule, but if they go our way, it's better.

Thanks for a great report, Alan. — Chris

Here's a link to yesterday's report.

To listen to all of the Supreme Court arguments in Heller courtesy of DownRangeTV.com, click here.  

                                                                          ++++++++++++++++++++

    Unfortunately I do not share Alan's enthusiasm.  While I am convinced – as I have been all along – that the Court must and will agree that the Second Amendment references an individual right to arms, comments and questions in the arguments leave me with deep concerns about how the Court will come down on the issue of "reasonable restrictions." 

    I should have a comprehensive analysis posted later tonight. — Jeff Knox

 ++++++++++++++++++++ 

 

FOR IMMEDIATE RELEASE
Full contact info at end

DATELINE: Washington, D.C. 3/18/08

Recovering from the Whirlwind of the Day

Heller Case Goes Better Than Expected

by Alan Korwin, Co-Author
Supreme Court Gun Cases

The bottom line is, I think we’re going to be OK.

When Justice Kennedy flat out said he believes in an individual right under the Second Amendment, there were no gasps in the hush of the High Court, but you could tell the greatest stellar array of gun-rights experts ever assembled, all there in that one room, breathed a sigh of relief — we had five votes to affirm the human and civil right to arms.

Continue reading Heller Case Goes Better Than Expected

24 Hours Prior to Heller Case

Friend Alan Korwin, publisher and architect of The Gun Owner's Guide series and co-author of Supreme Court Gun Cases dropped this note to his email list.  I'm taking the liberty of posting it here.  Hats off to him and the guys in line tonight. 

 

Chris Knox

 

====================== 

 

FOR IMMEDIATE RELEASE
Full contact info at end

DATELINE: Washington, D.C. 3/17/08

24 Hours Prior to Heller Case

by Alan Korwin, Co-Author
Supreme Court Gun Cases

More people are on line in front of the U.S. Supreme Court for the D.C.
gun ban case tomorrow than seats are available, and the temperature is
hovering above freezing, but that's not stopping them.

Bob Blackmer and I were the first to arrive, Sunday night about 5 p.m.,
answering the big question of — Would two nights in advance be enough
— aside from did we have endurance to pull that off. Continue reading 24 Hours Prior to Heller Case

Shooting Back Works!

The Knox Report

From the Firearms Coalition

 

Shooting Back Works

 

By Jeff Knox

(March 11, 2008) The media and gun control advocates insist that the easy availability of firearms is a problem; that increased firepower equals increased death toll; that the key to stopping armed violence is restricting gun sales and prohibiting lawful firearm possession in certain public places.  They’re wrong.  They have always been wrong and their misguided tampering comes with a very high price – people’s lives.

In the past year there have been a number of very high profile cases of a lone lunatic walking into a public place and indiscriminately shooting people.  Such incidents are aberrations, unpredictable, unstoppable, and relatively unusual.  The best indicator that someone might attempt such an atrocity is not how available guns are or how efficiently background checks are conducted, but the level of news coverage generated by the last such tragedy because so many of these cowards are motivated by a desire for their own 15 minutes of fame.  Since the media refuses to stop rewarding these murderers, the best that can be hoped for is to mitigate the damage when they strike.  In the final analysis, the difference between a crazed bad guy killing several people and a crazed bad guy killing dozens of people is almost always the length of time it takes for good guys with guns to arrive on the scene.  Three attacks in the past year offer graphic proof of this fact. 

Continue reading Shooting Back Works!

GunVoter.org Needs Your Help!

GunVoter.org Needs Your Help

      We don't want to pick your pocket.  We just want to pick your brain.  We have created a new forum site called www.GunVoter.org to serve as a central clearinghouse for information about the fight for gun rights, particularly regarding candidates and elections, but including legislation too.  We need you to register at www.GunVoter.org (it must be .org as the guy who controls .com is demanding $10,000 for rights to the site,) and then post information about what’s going on in your state. 

    Without your input, the site is just an empty shell. 

    With your help it can become the most comprehensive collection of grassroots gun rights information anywhere.

      Please go to www.GunVoter.org, register, and post information.  The information can be an alert from a grassroots group, an article from a newsletter or blog (with permission and proper credit,) or just your own opinion about the situation in your state.  We’d also like to hear from you in the “General Comments/Suggestions” area to let us know what you think of the site, things we could do to make it better, and your thoughts on general topics.

Continue reading GunVoter.org Needs Your Help!

Supreme Court on Tuesday

    I'm planning to attend oral arguments in the DC gun ban case in the Supreme Court this Tuesday, 3/18/08.  Whether I make it into the courtroom to hear the arguments or not, I will be there to lend moral support, karma, prayers, or whatever I can.

    Our friends the Second Amendment Sisters have gone through the formal process of securing a demonstration permit so I am looking forward to joining them and having a festive day.  The pro-Second Amendment demonstration is scheduled to begin around 10:00 and all right thinking Americans are invited to participate.

    If you attend, please be sure to say hello.

    Hope to see you there.  — Jeff 

Cavalry Arms Raided by BATFE

ATF agents executed a search warrant against Cavalry Arms in Gilbert, Arizona yesterday (February 27).  The local Gannett affiliate, features "shocking" video on their web site.  A call to the station asking why the video was shocking, being as how it's a gun shop received an unintelligible answer.  So this is what happens when a pro-gun President is in office.  No word yet as to the nature of the violations. 

Cavalry Arms is known as a straight operation to its customers.  It's a sizable outfit and they have a good fan base.  Unfortunately, their story on the 10:00 o'clock news also featured a spoof video that the newsies presented in the worst possible light.  Naturally, it's on You-Tube.  I think that's what you call leading with your chin.

We'll be following this one, too.  

NRA Elections

Looking at the nominees for the NRA Board of Directors this year I can't help but be impressed with such a stellar group of people:  Scientists, executives, politicians, lawyers, and celebrities, all with the common thread of commitment to the Second Amendment and the shooting sports.  What’s really impressive is that the nominees this year are no more outstanding than the other current members of the Board.  The National Rifle Association not only has an exceptionally large Board of Directors, with 76 members, but it is composed of some of the most successful and capable individuals in the country.  There are a few who have made their names primarily by working diligently on shooting and gun rights issues who do not have very impressive professional résumés, and there are a few whose professional résumés shine, but who have not been particularly active or proven in the trenches of the gun fight.  Most though, have excelled in both their professional lives and in the firearms arena.

Continue reading NRA Elections

Copy Cats

  There was another tragedy at a school yesterday: this time in Illinois.  It might have been preventable.  It might have been stoppable.  An armed citizen might have ended the killing.  But not in Illinois.  The Illinois government doesn’t trust its citizens with guns. 

   After the tragedy at Virginia Tech I wrote the attached piece.  It makes some good points, but there was a major flaw in it.  As mentioned in the article, one of the primary motivators for this kind of senseless crime is the public recognition that the murderers receive.  They post pictures and videos on FaceBook and MySpace that they know will be plastered on the evening news and they write nonsensical diatribes about the unfairness and depravity in the world as if they are some sort of messiah or avenging angel.  The truth is that they are just demented cowards seeking attention.  The flaw in the attached article was that I mentioned the names of some of the murderers.  

Continue reading Copy Cats