Unbelievable VPC hypocrisy--Help ensure VPC's shambolic FFL renewal is DENIED

[rkh]

Due to the heavy-handedness of one of THR's moderators I swore I would never post here again, but this is important the word needs to get out. Thanks.
____________________

Do as we say, not as we do. This should be the Violence Policy Center's
new motto.





Unbelievable.

The most anti-gun organization in the US has its own FFL, exempting it
from the DC handgun ban the group claims to support.

I was under the impression that Non-C&R FFL holders had to be bona-fide arms dealers to keep the license.

Don't hesitate to give VPC a call. I'm sure they would be happy to price out
that Glock you've had your eye on.

VPC: (202) 822 8200

If Josh won't cut you a fair deal, give our buds at BATFE DC a ring:

BATFE DC branch office: (202) 648-8010
Let the friendly agent know that VPC may, in fact, not be "engaged
in the business of selling firearms at wholesale or retail."


A bit of background reading. Tellingly, VPC's "report" appears to no longer be available.

In a speech to the Economic Club of Detroit in May 1999, Sen. Carl Levin, D-Mich., committed to speak on the issue of gun crimes each week that the Senate is in session. This is the 230th week he has continued to live up to his pledge; his remarks follow:

Mr. President, last week, the Violence Policy Center (VPC) released a report which analyzes statistics related to basic Federal Firearms License (FFL) holders in the United States since 1992. The report warns of a large group of current FFL holders it calls “kitchen-table dealers.” The VPC defines this group as “individuals who conduct business out of their homes and offices and do not operate actual gun or sporting goods stores” and estimates that more than half of current FFL holders fit into this group. Disturbingly, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) found in 2000 that 23 percent of its illegal gun trafficking investigations involved “kitchen-table dealers” who were responsible for the illegal trafficking of more than 40,000 guns.

According to the VPC, many “kitchen-table dealers” have no interest in actually selling firearms, but they obtain an FFL because of the exemptions it provides from federal requirements including background checks, waiting periods, and limits on the number of guns that can be purchased. Under current law, a FFL holder must be a person who “devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.” However, a February 2000 ATF report found that 31 percent of FFL holders had not reported selling a single firearm in the previous year. Unfortunately, rather than allowing the ATF to work within the law to revoke illegitimate FFLs and help to eliminate a source of illegally trafficked firearms, opponents of common sense gun safety laws inserted a provision in the Fiscal Year 2006 Department of Justice Appropriations bill which prevents the ATF from denying the application or renewal of a FFL due to a lack of business activity.

In its report, the VPC calls on Congress to rescind this provision and proposes a number of other ideas to help eliminate the abuse of FFLs. Among other things, the VPC proposes that all FFL holders be required to operate from a storefront business devoted primarily to the sale of firearms, rather than a residence, and securely store inventories of firearms. Additionally, the VPC suggests an expansion of ATF’s ability to inspect FFL businesses for compliance with record keeping and safety requirements.

We must do more to eliminate the abuse of FFLs in order to reduce the number of guns that are illegally bought and sold in our communities.

[Standing Wolf]

The most anti-gun organization in the US has its own FFL, exempting it from the DC handgun ban the group claims to support.

True?

[rkh]

Josh Sugarmann is the head of the VPC, and yes, his status as an 01 FFL exempts him from DC's handgun ban.

[Gunnerpalace]

Iam at a loss right now.

[Atticus]

I guess he does....and for noble reasons I'm sure. I wonder if he's been able to deal machine guns "on the street", as he so often claims.

http://www.gunowners.org/op9509.htm

In 1992, Mr. Sugarmann issued documentation suggesting a new form of gun control. If there are no places to legally purchase firearms, then firearms are effectively banned. Thus the BATF should make FFLs much more costly and harder to obtain. His monograph, More Gun Dealers Than Gas Stations, became the source for the debate on FFLs in the next Congress. (Mr. Sugarmann is listed as the holder of two FFLs himself--both giving Washington, DC addresses, one being that of his Violence Policy Center.)

[jimbob86]

They don't want to ban all guns. Just the ones in John Q. Public's hands. The Elite, the Privledged will still have theirs.

"Lex Bovis, non Jovis."

[QuestionEverything]

A vigorous phone and mail campaign to the BATFE office might help remedy this situation. Are there any loopholes in the law that could allow this? Are organizations conducting firearms research permitted to get FFLs? Sugarmann's addresses probably aren't even in areas zoned for retail business.

In the meantime, I might just call and see what their price is for a Barrett M82.

[DENALI]

Ok, he's got one, Why?

[Robert Hairless]

RKH, that image you posted is a bit small for me. Is there someplace I can get a full size version of it?

I was able to see that several numbers in the FFL license number are "X." Do you know the actual license number?

[jfh]

I agree the word needs to get out. So, call the Washington Times, the Washington Post, the LA Times, the NRA, GOA, anyone and everyone.

After we determine the authenticity. What does it take to get the whole set of numbers?

Jim H.

[mike101]

This is beautiful. I just posted this (no links to THR), for our little buddies on the Brady Bunch Blog, at Huffpo. The BC are big fans of the VPC, and Sugarman is a frequent blogger on Huffpo. If they delete it this morning, I'll try again in the afternoon, when Huffpo's moderators seem to be less subjective (read anal, and paranoid).

I always back up my posts over there for this reason.

Update:

My post went through on Huffpo, but the link to the ATF site magically disappeared. I tried to post the link twice more. No luck so far. I'll keep trying. This is the kind of childish, dishonest BS you have to put up with when dealing with antis. It took me 13 tries to get those three famous anti gun quotes from Himmler, Kerry, and Wes Clark past the moderators over there.

Update:

Success! The link made it past the hatchet lady. They still will have to type in the 3 numbers, though.

[Winchester 73]

I was able to see that several numbers in the FFL license number are "X." Do you know the actual license number?

There is no way to get the full number TMK.Much bigger print here.


https://www.atfonline.gov/fflezcheck...LOlQzNp65In0__

Type in 1-54 00725 and the VPC comes up.

[Rabid Rabbit]

Mike,
Where is your post at Huffpo? I rarely go there and cannot locate your post though I found al of sugarmans.

[Baron]

Called VPC, tried to price a Sig with Marty somebody as Josh was out. I played dumb as to why they wouldn't sell guns if they had an FFL. He laughed and called me an idiot, and I informed him he was probably in violation of federal law and I would be contacting the ATF.

The agents I spoke with were very nice and promised they would look into it. I supplied them all the info from the FFL and asked that they consider not renewing their license when it expires at the beginning of next month.

Thanks for the heads-up on this.

[igpoobah]

Today is a good day.

[Harpo]

I notice they are also a 501c non-profit organization - between that and the FFL, I'd say there's probable cause for an investigation. Perhaps the whole outfit is just a front, and they're actually engaged in providing straw purchases for felons.

[fletcher]

Amazing. So, who do we contact to get the ball rolling on this?

[mike101]

The Brady Blog is hard to find over there. Here you go.....................

http://www.huffingtonpost.com/paul-h...n_b_85789.html

I think I may have started something over there. So far, nothing but the sound of crickets from the other side.

[K3]

You know, in spite of battling bronchitis and the flu, today is a pretty good day.

I love when hypocrisy is exposed. I would really enjoy hearing Mr. Sugarmann's reasoning for having a FFL, considering his position on the subject.

[Trebor]

They have never made any secret of the fact they have a FFL. They don't "shout it from the rooftops," but they have mentioned it in the past.

They have a FFL as part of their intelligence gathering strategy. By having a FFL they get all the mailings from the ATF. This keeps them current on what the regs are so they can look for "loopholes" or some such to publicize.

This also allows them to attend the SHOT show and other venues where they would otherwise be unwelcome or not allowed.

For them, it's part of a "know your enemy" strategy. No different in principle then one of use signing up as a member of the VPC to get their materials.

Now, one crucial difference is that if they can't show they are "engaged in the business" of dealing in firearms the ATF should not allow them to renew their FFL when it expires. It is a business license, and if they can't show they are in business, the ATF should not allow them to continue to have a FFL.

If they have a log book with *zero* transfers listed, that's a clue that the FFL should be revoked.

[DrewH]

Question, does having an FFL really exempt you from DC's handgun ban?

[Gunnerpalace]

Don't know but, someone contacted the ATF (In the thread in general) apparently this interested the agents. Time will tell,

[tinygnat219]

Feeling kinda ornery today. Saw the above link, got torqued and put together a FEDERAL FOIA request. It's too late to make changes, I sent it out this afternoon.

FOIA Request Launched:

February 12, 2008

Averill P. Graham
Chief, Disclosure Division
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Department of Justice
Suite 1E360
99 New York Avenue, N.E.
Washington, DC 20226
(202) 648-8740

FOIA REQUEST
Fee waiver requested

Dear FOI Officer:

Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552,
o I request access to and copies of Any and all audit results of the "bound book" kept by FFL Holder: Joshua Alan Sugarman 1730 Rhode Island Avenue NW #1014 Washington DC 20036 License Number: 1-54-XXX-XX-XX-00725.
o Number of firearms transferred by Mr. Sugarman broken out by handgun, rifle and shotgun.
o Copy of his Federal Firearms Application.
o Justification of how a 501c(3) non-profit corporation can obtain a type 1 FFL when the intent of having a type 1 FFL is to: devote time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.
o Amount of time Mr. Sugarman has had his Federal Firearms License, including number of renewals.
o Also a determination of whether or not possession of a Type 1 FFL merits immunity from Washington DC's handgun ban.

I would like to receive the information in electronic format, preferably E-mailed to: XXX@XX.XX. However, a CD with the records mailed to me at the above address is also acceptable. If neither option is available, I request hard copies.

Please waive any applicable fees. Release of the information is in the public interest because it will contribute significantly to public understanding of government operations and activities.
o I am requesting this information because it appears that Joshua Sugarman, head of the Violence Prevention Center a 501c(3) non-profit has a Type 1 FFL that might be illegally held or obtained.
o I am trying to determine if it is legal for a 501c(3) non-profit corporation to legally possess a firearms license when the intent of the license is for individuals or corporations to make a living through the retail buying and selling of firearms.
o I am also wondering how many firearms Mr. Sugarman has transferred through his Federal Firearms License.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

I look forward to your reply within 20 business days, as the statute requires.

Thank you for your assistance.

Sincerely,

[rkh]

TITLE 18 > PART I > CHAPTER 44 > § 921

§ 921. Definitions
...
(11) The term “dealer” means
(A) any person engaged in the business of selling firearms at wholesale or retail,
(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.
...
(21) The term “engaged in the business” means—
(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section 921 (a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in section 921 (a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and
(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported.
...
(22) The term “with the principal objective of livelihood and profit” means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term “terrorism” means activity, directed against United States persons, which—
(A) is committed by an individual who is not a national or permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and
(C) is intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping.

[rkh]

Anyone for lodging a complaint with the IRS?
First the FFL--next the 501(c)(3)!

This was on the IRS site:
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.
http://www.irs.gov/charities/charita...=96099,00.html