More on BATFE from JPFO, a CRS PDF document is linked

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alan

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ALERT FROM JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP
America's Aggressive Civil Rights Organization

October 28, 2005


GUN OWNERS, 1 - ATF, 0
MAJOR DEVELOPMENT IN THE FIGHT FOR OUR RIGHTS

We're proud to announce a major breakthrough in the long
battle to curb the abuses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF).

The Congressional Research Service (CRS), an arm of the U.S.
Congress, has issued a memo telling the world what we've
always said (http://www.jpfo.org/batfearticles.htm): that
ATF "experts" use arbitrary, made-up standards when they
bring charges against gun owners and testify against us in
court.

You can read the CRS report here:
http://www.jpfo.org/ATFguntests.pdf

Read it carefully. Notice something important. Although the
CRS did an investigation of its own, it relied heavily on
information that came straight from gun-maker Len Savage and
JPFO.

THIS REPORT ALMOST GOT BURIED!

Although JPFO does not lobby Congress or urge anyone else
to, JPFO's work and Len's was instrumental in bringing this
report into the world. We're proud of that fact.

But YOUR work was instrumental, too, if you were one of the
many Americans who asked their representatives to get a copy
of the ATF's testing procedures manual.

No such ATF manual exists. One after one, at gun owners'
urging, congressmen asked the CRS to get the manual. The CRS
asked the ATF to produce the manual. And they hit a wall.

Then something ominous happened. For several weeks, the CRS,
urged on by a frantic Justice Department, planned to bury
this information.

Why? Because these revelations could potentially overturn
hundreds, even thousands, of criminal prosecutions of
innocent gun owners, going back decades.

But YOU kept pushing. And you did it on your own.

Finally the CRS had no choice but to reveal the truth: the
ATF simply "makes it up as they go along."

WHAT THE FUTURE HOLDS

The CRS memo changes nothing by itself. It has no legal
force. But it is the first light Congress has shone on the
ATF in 23 years. It is a _beginning_. It is a tool concerned
gun owners -- and defense attorneys -- can use.

It's also a demonstration of the truth of two well-known
quotations about the power of the grassroots.

"When I feel the heat, I see the light." -- Sen. Everett Dirksen

"Never doubt that a small group of thoughtful citizens can
change the world. Indeed, it's the only thing that can." --
Margaret Mead

Now, what the future holds is, in part, up to you. Take action!

1) READ the CRS report.

2) SHARE IT. Circulate the link to it on email lists. Post
the link on your blog. Let the world know. Think of two
dozen -- or a hundred -- friends who need to see the report
and share it with them.

3) ASK QUESTIONS. "How can I get more gun-rights groups
involved in this?" "When is Congress going to curb the ATF?"
"What can I do about it?" "What should ALL gun owners do
about it?" "What can defense lawyers do with this report?"
"Do I know any lawyers or abused gun owners who should get a
copy of this?"

4) BUILD FORCES to demand that this report be acted upon and
not ignored.

The CRS report isn't dramatic. The language is calm and
legalistic. It has no force in law. The drama comes when
this report inspires OUTRAGE and ACTION.

Thanks to Len Savage, JPFO, and a few hundred gun owners,
you now have proof that backs what abused gun owners have
been shouting all these years.

Now ... run with it.

If American gun owners take this memo and demand action upon
it, this little report will be bigger than the recent
pro-gun vote in Brazil, bigger than forcing FEMA to allow
firearms into refugee settlements. This has the potential to
lead to the dismantling of one of the worst agencies of the
federal government.

Even if it doesn't lead to the end of the ATF, it could
still stop the ruin of thousands of gun owners' lives and
the abuse of millions of gun owners' rights.

In a corollary to Everett Dirksen's famous remark, we always
say "Attack their pension to get their attention." ATF
agents are just working men and women who want to make a
living and retire comfortably. Threatening their security is
the best way to force them to behave.

And make no mistake. Despite the polite language, the
revelations in this report are a major threat to ATF power.

Now ... our next step is to make sure the nobody tolerates
ATF abuses. We must keep the light shining on the CRS report
until every defense lawyer, judge, and leader in the land is
aware of it.

Then we must absolutely refuse to tolerate anyone who
tolerates ATF abuses.

Finally, after decades, WE, the American gun owners, are in
a position to take initiative and control.

Will you stand with JPFO and Len Savage? Or will you let the
ATF get away with its abuses when the power to stop them has
finally been placed in your hands? Your freedom is up to you.

The Liberty Crew

============================================================

JPFO mirror site: http://www.jpfo.net

============================================================

LET JPFO KEEP YOU INFORMED -- Sign up today for JPFO Alerts!
Just send a blank e-mail to [email protected]

=============================================================

Regain your freedom - download the song "Justice Day" today!
http://www.rebelfirerock.com/downloadjd.html

=============================================================

Original Material in JPFO ALERTS is Copyright 2005 JPFO,
Inc. Permission is granted to reproduce this alert in full,
so long as the following JPFO contact information is included:

Jews for the Preservation of Firearms Ownership PO Box
270143 Hartford, Wisconsin 53027

Phone: 1-262-673-9745
Order line: 1-800-869-1884 (toll-free!)
Fax: 1-262-673-9746
Web: http://www.jpfo.org/

Posters Note:

I wonder as to the following.

1. What has happened to H.R. 1603, mentioned in the PDF Document.
2. Will it be killed in committee, as likely some in and out of The Congress would like to see happen?
 
Text of H.R. 1603

109th CONGRESS

1st Session

H. R. 1603
To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to make video recordings of the examination and testing of firearms and ammunition, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

April 13, 2005
Mr. GINGREY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


--------------------------------------------------------------------------------


A BILL
To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to make video recordings of the examination and testing of firearms and ammunition, and for other purposes.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fairness in Firearm Testing Act'.

SEC. 2. VIDEO RECORDING OF EXAMINATION AND TESTING OF FIREARMS AND AMMUNITION BY THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.

Section 1111 of the Homeland Security Act of 2002 (6 U.S.C. 531) is amended by adding at the end the following:

`(e) Additional Responsibilities Regarding Examination and Testing of Firearms and Ammunition-

`(1) VIDEO RECORDING REQUIRED- The Bureau shall make a video recording of the entire process of the examination and testing by the Bureau of an item for the purpose of determining, pursuant to section 921(a)(3), 922(o), 922(p), or subsection (a)(3), (a)(4), (d), or (e) of section 925 of title 18, United States Code, or section 5845(a) of the Internal Revenue Code of 1986, whether the item is a firearm and if so, the type of firearm, or of determining pursuant to section 921(a)(17) of title 18, United States Code, whether the item is ammunition, and shall not edit or erase any recording made pursuant to this paragraph.

`(2) AVAILABILITY-

`(A) TO OWNERS- On request of a person who claims an ownership interest in an item with respect to which a recording is made under paragraph (1), the Bureau shall make available to the person, without charge, a digital video disc that contains a copy of the recording.

`(B) TO DEFENDANTS- The Bureau shall make available to a defendant in a criminal proceeding involving an item with respect to which a recording is made under paragraph (1) a digital video disc that contains a copy of the recording.

`(3) ADMISSIBILITY AS EVIDENCE- An item which the Bureau has determined is a firearm or a type of firearm or ammunition pursuant to any provision of law specified in paragraph (1) shall not be admissible as evidence in any judicial or administrative proceeding unless--

`(A) the Bureau has complied with paragraph (2) with respect to the item; or

`(B) such compliance has been waived, in writing, by the person against whom the item is offered as evidence.'.
 
All Congressional Actions

H.R.1603
Title: To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to make video recordings of the examination and testing of firearms and ammunition, and for other purposes.
Sponsor: Rep Gingrey, Phil [GA-11] (introduced 4/13/2005) Cosponsors (1)
Latest Major Action: 5/10/2005 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
--------------------------------------------------------------------------------
ALL ACTIONS: (color indicates Senate actions)
4/13/2005:
Referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
4/13/2005:
Referred to House Judiciary
5/10/2005:
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
4/13/2005:
Referred to House Ways and Means
 
Hmmm, I notice Gingrey has one more co-sponsor now than he did during the last JPFO alert, Ron Paul of course.

We need to see what we can do to get some more co-sponsors on board. This bill should be an easy sell for even anti congresscritters, you just sell it as a law-enforcement issue in that it protects both ATFE and law-abiding citizens while helping convict real criminals.
 
I think one item getting lost here is the content of the letters of classification or determination not getting incorporated into the green book. Like the attorney is saying, the consistency of determinations are shifted over time. Picture the new guy coming in and getting a verbal brief from an old timer in the office. Then after awhile the new guy is the old guy giving a verbal determination to a new guy. In the meantime the original letters containing the definitive determination is lost in 300 cubic feet of paper.

Human nature is to take the path of least resistance. Much easier to listen to the office expert rather than lookup the correct info yourself. In this case the correct info appears to be nearly impossible to recover.

The green book itself ought to be a sort of desktop procedures guide as it's name "Federal Firearms Reference Guide" implies. However without the content of ALL the determintaions incorporated into it, how can it be thorough? With no central index of classification letters how do the contents of the letters get into the green book? If they are incorporated into the green book, howcome they are not referenced? This would be an index of sorts.

If you have not yet read the CRS report, its here and it's 5 pages with footnotes.
http://www.jpfo.org/ATFguntests.pdf


Vick
 
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