New York City Sues 15 Gun Dealers in 5 States, Charging Illegal Sales

[JonJ]

**update**

http://www.charleston.net/stories/?newsID=90406&section=stateregion

MONDAY, MAY 29, 2006 12:00 AM

ATF investigating handgun sting set up by New York City

Staff and wire reports

NEW YORK - The Bureau of Alcohol, Tobacco, Firearms and Explosives is examining the results of an unusual sting set up by New York City, in which private investigators recorded themselves purchasing handguns at shops in several states.

Acting independently of law enforcement, the investigators took hidden cameras into stores, including pawnshops in Summerville and Orangeburg. The investigators were testing whether the gun sellers would participate in a "straw purchase" in which one person illegally buys a gun on behalf of someone else.

Black market dealers routinely use straw buyers to acquire weapons on behalf of people barred from owning guns, such as convicted felons.

The exercise was conducted primarily to support a civil lawsuit, recently filed by New York City, accusing 15 gun shops in five states of repeatedly selling to questionable buyers.

Between 1994 and 2001, those shops sold at least 640 guns subsequently linked to crimes committed in New York, including several fatal shootings. The stores were in Georgia, Ohio, Pennsylvania, South Carolina and Virginia.

The suit claims that 49 guns from Mickalis Pawn Shop in Summerville turned up on New York City streets during that period. Some were used in violent crimes just weeks after being sold in South Carolina, the suit states.

After learning of the suit, owner Larry Mickalis said the city should have shared the information with him years ago if there was a problem.

"I don't know how these handguns got there. I know that I didn't sell them illegally," Mickalis said at the time.

Also named in the suit is Woody's Pawn and Jewelry in Orangeburg.

William G. McMahon, special agent in charge of the ATF's New York field division, announced Friday that the agency would review the intelligence gathered by the city and target any federally licensed firearms dealers who broke the law.

ATF's inquiry will also include a review of whether the city acted legally in setting up the sting.

Several gun-rights advocates have questioned whether the city broke firearms rules or committed fraud by attempting to simulate straw sales in other states.

During the sting, undercover investigators working for the James Mintz Group visited shops that had a history of selling guns later used to commit a crime.

A male investigator posed as the actual purchaser of the firearm - interacting with sales clerks and examining merchandise - while a female companion stood nearby and acted uninterested.

When the time came to make the sale, the woman stepped in to fill out paperwork, registering herself as the legal owner.

Many merchants refused the sale, saying it looked fishy, but at least 15 went ahead with the transaction, the city said.

ATF spokesman Joseph Green confirmed Friday that the actions of both the sellers and the undercover buyers would be examined.

Among the issues being explored: Did the investigators provide accurate information on ATF forms at the time of purchase, and did they comply with laws requiring them to be residents of the states where they acquired the weapons?

John Feinblatt, criminal justice director for Mayor Michael Bloomberg, said the city took great care to structure the sting in a way that complied with all federal rules.

New York police revealed Thursday that a similar sting conducted at shops within city limits had led to the arrest of two licensed firearms dealers on misdemeanor charges.

 

[Admin]

Communism...

 

[JonJ]

Bloomberg Stung in Own Sting

http://www.nypost.com/news/regionalnews/69768.htm

2ND SHOP RE-ARMS
AFTER NYPD SEIZURE

By PHILIP MESSING

June 7, 2006 -- A second Big Apple gun store swept up in the city's crackdown on rogue gun dealers had hundreds of firearms returned by police, the store's lawyer said yesterday.

Cops handed back 234 firearms to the Woodhaven Rifle and Pistol Range in Woodhaven, Queens, after seizing the guns in an undercover sting on May 25. The turnaround came a day after cops returned 247 weapons taken from DF Brothers Sports Center in Brooklyn in the same sting.

"This is a law-abiding gun shop. This is not some squirrelly Southern gun dealer trying to make money and is NRA-happy. They only deal with licensees," said John Chambers, the lawyer for the Woodhaven range.

Store owner Michael Spallone, 43, was busted for selling guns to an undercover investigator accompanied by a retired female cop who showed a Suffolk County pistol permit. The same investigators were used in the sting against the Brooklyn gun shop.

But Chambers argued the sting operation amounted to nothing more than entrapment.

He said his client followed procedures - initially refusing to sell the gun and insisting the investigators procure required paperwork from Suffolk County police.

The lawyer said that when they returned the next day, the serial number had been transposed on the paperwork, so his client refused to let them leave with the gun.

"They said, 'Come on! We're coming from so far away. It's only two numbers. Don't make us go back to Suffolk County. What's the big deal?' " Chambers quoted the investigators as saying. "They were literally badgering him to do this -to make the sale."

He said after several minutes of this, Spallone relented and agreed to make the sale if the Suffolk PD gave him permission. Chambers said Spallone spoke to an official in the Long Island department and the official said it was OK for him to change the paperwork to reflect the right number, so he went ahead with the sale.

That prompted the raid and seizure of the weapons.

But Chambers said city lawyers ultimately realized no crime had been committed and decided to return the weapons.

Virginia Lam, a spokeswoman for Mayor Bloomberg, said the gun dealers involved would be "subject to heightened scrutiny by the NYPD, which will include vigorous monitoring of compliance with New York City laws."

A Queens law-enforcement source said the case had not yet been turned over to the District Attorney's Office there, and prosecutors were prepared to proceed if necessary.

Brooklyn prosecutors said the case against DF Brothers was still pending. At the time of the bust, police said the Woodhaven gun shop had sold 44 weapons used in city crimes between 1994 and 2001.

In the same period, they said DF Brothers had sold 28 guns used in city crimes.

[email protected]

 

[Adam_MA]

Freakin low life NY pieces of shit!

 

[JuergenG]

Is this a threat
"Virginia Lam, a spokeswoman for Mayor Bloomberg, said the gun dealers involved would be "subject to heightened scrutiny by the NYPD, which will include vigorous monitoring of compliance with New York City laws."" ?

I wonder what condition the guns were in, when they were returned to their
law abiding owners.
Smells like suits for damages ?

 

[JonJ]

Yup, a threat of further harassment.

 

[M14Robert]

You guys don't get SAF alerts?????

NEWS RELEASE
‘BLOOMBERG’S VIGILANTE STING HURT REAL INVESTIGATIONS, SO PROSECUTE HIM,’ SAYS CCRKBA
BELLEVUE, WA – New York Mayor Michael Bloomberg should be investigated for obstruction of justice, and possibly prosecuted under the federal RICO statutes, for his headline-hunting “sting” operation of alleged law-breaking gun dealers, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) said today.

“According to the New York Daily News, ‘Quick-Draw’ Bloomberg’s decision to hire private investigators for this gun control stunt has apparently jeopardized several genuine criminal cases,’ said CCRKBA Chairman Alan Gottlieb. “In his foolish zeal to drum up support for an anti-gun campaign, Bloomberg quite possibly has put real investigations at risk. This appears to be as clear cut a case of obstruction of justice as I’ve ever witnessed and Bloomberg should be investigated, and prosecuted if necessary.”

CCRKBA Executive Director Joe Waldron added, “That fact that he hired private investigators who have no law enforcement authority to conduct sting operations in several states – an operation that apparently involved falsely filling out federal background check paperwork – could open Bloomberg up to prosecution under the federal racketeering statutes, and for conspiracy to commit multiple federal felonies, if nothing else. Private citizens, including so-called investigators, cannot give deliberately false information on a Form 4473. That’s a crime, and because Bloomberg set the whole thing up, he would be an accessory to that crime.

“It doesn’t matter if he’s a billionaire,” Waldron said. “Rich politicians are not above the law.”

Gottlieb called on federal prosecutors and the Department of Justice to open an investigation of Bloomberg’s anti-gun sting. Bloomberg reportedly launched the project as a means of finding rogue gun dealers he could sue in civil court, apparently in an effort to grab media attention.

“In terms of a publicity stunt,” Gottlieb said, “this one could – and should – have very serious consequences for Mayor Bloomberg and anyone connected with it. This was no college prank, but a wide-reaching operation, probably paid for with public money. If there are bad gun dealers out there, let the professionals handle the problem. We don’t need a New York mayor practicing his own form of vigilante justice.”


-END-

 

[M14Robert]

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


NEWS RELEASE
NY GUN RETURNS PROVE BLOOMBERG’S INTENT IS TO HARASS LEGITIMATE GUN DEALERS
BELLEVUE, WA – After police in New York were compelled this week to return hundreds of firearms seized in a crackdown on so-called “rogue” gun dealers, it is now clear that Mayor Michael Bloomberg is far more interested in harassing law-abiding gun dealers than he is in fighting genuine crime, the Second Amendment Foundation (SAF) said today.

Bloomberg’s cops had to return 234 guns to the Woodhaven Rifle and Pistol Range a day after they returned 247 firearms to DF Brothers Sports Center. Both shops were raided May 25. The Woodhaven case smacks of entrapment, according to an attorney for the store who spoke with the New York Post.

“Once again,” said SAF founder Alan Gottlieb, “it appears the real rogues in this case were the undercover cops and the man who sent them, Mayor Bloomberg. His earlier anti-gun escapade that involved undercover private investigators doing purported stings against 15 dealers in five states is apparently under investigation by federal authorities. Bloomberg should not be allowed to get away with this demagoguery. Because this crusade has targeted firearms transported in interstate commerce, we believe the Justice Department should investigate.

“This latest debacle,” he continued, “just proves that Bloomberg’s true intent is to harass legitimate firearms dealers. He financially hurt these business people by having their inventory confiscated for several days on what amounts to bogus charges. Now, his spokeswoman has declared that these gun dealers will be subject to ‘heightened scrutiny’ by New York police.

“That sounds more like a mob threat than what we should expect from a big city mayor’s office,” Gottlieb stated. “The only difference between Bloomberg and a gangster is that he was elected to office, and his enforcers have badges.

“Bloomberg has declared war on law-abiding gun dealers, gun owners and everyone in the industry,” Gottlieb concluded, “and this proves that his real intent is to hound, browbeat and coerce these people out of business. We’re not sure what they call it in the mayor’s office, but anywhere else in this country, that’s called racketeering.”


-END-

 

[Adam_MA]

Oh we can only hope and pray that these will follow through!

 

[MrsWildweasel]

Figure the odds Adam.[sad2]

 

[Adam_MA]

I know... But I can still hope.

 

[MrsWildweasel]

Okay, I will let you have your delusions.

 

[Adam_MA]

Thanks!

 

[JonJ]

They're fighting back

http://www.nysun.com/pf.php?id=38864

Gun Dealer Hits Bloomberg on Sting Operation

BY BRADLEY HOPE - Staff Reporter of the Sun
August 31, 2006
URL: http://www.nysun.com/article/38864


Mayor Bloomberg has been hit with another lawsuit in connection with his campaign to crack down on illegal guns.

A South Carolina gun dealer became the second storeowner to sue after Mr. Bloomberg targeted it a few months ago in an undercover sting operation designed to stymie illegal gun sales.

The lawsuit, filed in South Carolina, seeks damages and claims that the city smeared the storeowner's reputation.

Meanwhile, a gun dealer in Queens targeted by the city's investigators, Michael Spallone, 41, pleaded guilty yesterday to disorderly conduct. Mr. Bloomberg touted that plea as a victory, saying it sends a strong message that "any violation of the law that allows illegal guns to flow onto our streets will be vigorously pursued."

The punishment, a $1,000 fine, was a slap on the wrist compared to the year in prison City Hall said the dealer was facing when it announced the charges just a few months ago.

Two of the 15 gun dealers targeted by the mayor's sting operations have, however, accepted settlement deals with the city that mandate a special monitor audit their stores for the next three years, which was one of the goals the mayor pointed to when he announced the federal lawsuits.

The mayor's criminal justice coordinator, John Feinblatt, said in a statement: "These historic settlements are unprecedented. We expect that the others will follow the example of the two Georgia dealers, who willingly came to the table to negotiate a fair settlement that keeps them in business, keeps illegal guns off the street, and keeps them on the right side of the law."

For the two gun dealers suing the city for damages, however, it was the mayor's original tenor and lack of jurisdiction in their towns that led them to start a legal battle with City Hall. Among other things, the mayor called the 15 dealers "rogue gun dealers," "the worst of the worst," and "bad apples."

"I think his investigations and his accusations have been completely irresponsible," the storeowner in Summerville, S.C., who filed the second lawsuit against the city, Larry Mickalis, said. "I live in a small town and he's basically ruined my name. I've been on the front page two times. I've been on all the news channels. … I would never sell a gun under the table."

A Smyrna, Ga., gun dealer, Jay Wallace, filed a suit against the city for $400 million in damages in July. A third dealer, Chan Holman, who owns a store in Orangeburg, S.C., said he is also planning to file a lawsuit in the coming weeks. Of the 15 dealers contacted by The New York Sun, three said they were suing, two had already settled, and another said he was close to settling; two more said they were going to contest the suit, and six had no comment or said they were undecided.

The lawyer for the Queens gun dealer, John Chambers, said yesterday's guilty plea only showed the paucity of evidence the city had on his client, who has worked at the family-owned gun store for more than 20 years without a violation.

When police originally raided Woodhaven Rifle and Pistol Range in May, the guns were carted away, and 10 of the store's licenses were revoked.

In the last three months, though, the guns were returned, all the licenses but Mr. Spallone's were returned, and the Queens district attorney, Richard Brown, dropped the misdemeanor charge and its maximum penalty of one year in prison to a violation with a $250 fine and $750 to cover investigative costs.

"Even technical violations could have tragic consequences," Mr. Brown said.

 

[KMaurer]

In addition to the gun dealers who are now suing Bloomberg, and the ATF complaining that he refuses to provide them with copies of the videos to assess them for criminal violations, there's also a movement by gun owners and pro-RKBA groups in Virginia (where 4 of the dealers are located) to boycott any dealer who cuts a deal with NYC similar to the ones that have been reported. Why am I not surprised that the Great NYC Gun Dealer Sting seems to have pretty much dropped off the MSM's radar?

Ken

 

[Adam_MA]

If I were one of those gun shop owners, I would have my attorney try to work a deal with all the other gun shop owners to work together, and pool their resources to push this as far as possible!

Hell, I'd even donate a few bucks to the cause!

Adam