You want gun control, lock up straw buyers, but here is why prosecutors won't do it....

2aguy

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Jul 19, 2014
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This article by Kevin Williams looks at a straw buyers, people with clean records who buy guns for criminals...making background checks useless....and universal background checks just as stupid....

And why won't prosecutors go after straw buyers...since they bitch about gun crime so much....

America Should Be Prosecuting Straw Purchasers, Not Gun Dealers, by Kevin D. Williamson, National Review

The crime was, and is, seldom prosecuted, and, before the Burton-Collins incident, offenders would “typically get probation or less than a year in prison because of their clean records and the notion they have not committed a violent crime, according to a review of five years of federal court records,” as the Milwaukee Journal Sentinel reported in 2010.

Wisconsin isn’t alone in its nonchalance. California normally treats straw purchases as misdemeanors or minor infractions. Even as the people of Baltimore suffer horrific levels of violence, Maryland classifies the crime as a misdemeanor, too.

Straw buying is a felony in progressive Connecticut, albeit one in the second-least-serious order of felonies. It is classified as a serious crime in Illinois (Class 2 felony), but police rarely (meaning “almost never”) go after the nephews and girlfriends with clean records who provide Chicago’s diverse and sundry gangsters with their weapons. In Delaware, it’s a Class F felony, like forging a check. In Oregon, it’s a misdemeanor.
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I visited Chicago a few years back to write about the city’s gang-driven murder problem, and a retired police official told me that the nature of the people making straw purchases — young relatives, girlfriends who may or may not have been facing the threat of physical violence, grandmothers, etc. — made prosecuting those cases unattractive.

In most of those cases, the authorities emphatically should put the straw purchasers in prison for as long as possible.

Throw a few gangsters’ grandmothers behind bars for 20 years and see if that gets anybody’s attention.

In the case of the young women suborned into breaking the law, that should be just another charge to put on the main offender.


Why do the prosecutors focus on law abiding gun dealers....?

This is why....

The focus on gun shops isn’t about effective law enforcement; it’s about bureaucratic laziness:

It’s a hell of a lot less work to lean on federally licensed retailers with fixed addresses and regular business hours than it is to go chasing Joe Gangster’s rap-sheet-free little brother all over Baltimore on a misdemeanor charge.

In reality, the authorities do very little to counteract straw purchasing, because it is a difficult crime to prosecute — see Special Agent Jones and his “really hard” standard above — and nobody’s career gets made on a straw-purchase case.



On a quick side note on gun laws and low crime rates...

Vermont, it bears noting, has basically no gun laws — you don’t need a permit, or even to be a U.S. citizen, to carry a concealed handgun, or to wear one openly on your hip — and basically no violent crime, either, which throws a monkey wrench or three into the popular progressive model of correlation touching those questions.
 
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On a quick side note on gun laws and low crime rates...

Vermont, it bears noting, has basically no gun laws — you don’t need a permit, or even to be a U.S. citizen, to carry a concealed handgun, or to wear one openly on your hip — and basically no violent crime, either, which throws a monkey wrench or three into the popular progressive model of correlation touching those questions.

That's because it doesn't have a gun culture per se. Doesn't have a fetish with AK-47s and Rambos and GI Joes and all that testotsterone-poisoned bullshit. It's also the most rural state in the country, which means its population is relatively uncompressed. Doesn't have a wild west history or a mob history and the biggest city (the only city) is Burlington. Smallest state capital of the 50 at under eight thousand people (and a beautiful, but manageable little town). Plus it's full of old hippies.

Has nothing to do with "laws". Never did. It has to do with culture and history.
 
The agents faced numerous obstacles in what they dubbed the Fast and Furious case. (They named it after the street-racing movie because the suspects drag raced cars together.) Their greatest difficulty by far, however, was convincing prosecutors that they had sufficient grounds to seize guns and arrest straw purchasers. By June 2010 the agents had sent the U.S. Attorney’s office a list of 31 suspects they wanted to arrest, with 46 pages outlining their illegal acts. But for the next seven months prosecutors did not indict a single suspect....

The conflict between federal prosecutors and ATF agents had been growing for years. Pete Forcelli, who served as group supervisor of ATF’s Phoenix I field division for five years, told Congress in June 2011 that he believed Arizona federal prosecutors made up excuses to decline cases. “Despite the existence [of] probable cause in many cases,” he testified, “there were no indictments, no prosecutions, and criminals were allowed to walk free.” Prosecutors in Los Angeles and New York were far more aggressive in pursuing gun cases, Forcelli asserted.

...


Today, with Attorney General Holder now squarely in the cross hairs of Congress, Democrats and Republicans are accusing each other of political machinations. Rep. Elijah Cummings, a Maryland Democrat and ranking member of the oversight committee, has accused Issa of targeting Holder as part of an “election-year witch hunt.” Issa has alleged on Fox News that Fast and Furious is part of a liberal conspiracy to restrict gun rights: “Very clearly, [the ATF] made a crisis and they are using this crisis to somehow take away or limit people’s Second Amendment rights.” (Issa has a personal history on this issue: In 1972, at age 19, he was arrested for having a concealed, loaded .25-caliber automatic in his car; he ultimately pleaded guilty to possession of an unregistered gun.)


Issa’s claim that the ATF is using the Fast and Furious scandal to limit gun rights seems, to put it charitably, far-fetched. Meanwhile, Issa and other lawmakers say they want ATF to stanch the deadly tide of guns, widely implicated in the killing of 47,000 Mexicans in the drug-war violence of the past five years. But the public bludgeoning of the ATF has had the opposite effect. From 2010, when Congress began investigating, to 2011, gun seizures by Group VII and the ATF’s three other groups in Phoenix dropped by more than 90%.


The truth about the Fast and Furious scandal
 

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