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Cops

Post-Shooting Procedures for the Active Killer Gunfight

Written by Greg Ellifritz

In Colorado last week, an active killer shot a police officer and then began to fire his shotgun at other targets in the crowded downtown area.  After running out of ammo, the killer then went to his vehicle and swapped his shotgun out for an AR-15 rifle and continued firing.

 

An armed citizen saw what was going on and intervened, shooting the cop killer.  The armed citizen closed distance on the down active killer and removed the rifle from the killer’s hands.  Other responding officers shot and killed the armed citizen, mistaking him for the active killer.

Hero who stopped Colorado gunman shot dead by police in case of mistaken identity

Colorado good ‘Samaritan’ who killed gunman fatally shot by cop while holding suspect’s rifle, police say

 

 

 

Here’s the statement from the local police chief:

 

“At 1:18 p.m., a call was received about a “suspicious person” in the Olde Town area by a teenager who said an older man made a noise and showed them a condom, police said. When Beesley arrived at the area, he parked in an alley and began walking. Troyke parked his truck in the same alley moments later.”

“The suspect got out of his truck with a 12 gauge semi-automatic shotgun, ran after Officer Beesley and yelled at him,” police said. “Officer Beesley stopped, turned and immediately was shot twice by the suspect. Officer Beesley did not reach for his gun and takes no defensive action – he simply turns in response to the suspect who then shoots and kills him.”

Troyke then shot out the windows of police patrol cars in the area and into the air, police said. He walked back to the truck and retrieved an AR-15, police said.

“The suspect ran back towards the Olde Town Square with the long gun, where he was confronted by Mr. Hurley,” the timeline said. “Mr. Hurley then shot the suspect with a handgun.”

“A responding Arvada Police Officer then encountered Mr. Hurley, who was holding the suspect’s AR-15,” police wrote. “The officer shot him.”

 

I’ve written about the danger of being shot by responding officers after intervening in an active killer attack many times, but I’ve never given precise guidelines about how to handle the post-shooting procedures in order to reduce the chance of being mistakenly killed.  This article describes exactly what you should consider doing to keep from being killed by other first responders during an active killer attack.

 

  • As you move to the scene, keep your gun holstered or hidden.  Remember, you may not be the only person hunting the killer.  Don’t confuse other CCW carriers, off duty cops, or uniformed officers.  Put your hand on your holstered gun and draw when you are certain you can make a hit.  Having the gun out before you can hit your target only places you in danger of being shot by another responder.

 

  • After you shoot and the killer is neutralized, don’t keep pointing your gun at him.  Draw your gun back into a compressed ready position.  Hide it with your off hand.  Better yet, holster your gun.  Keep your hand on the gun if you think you may still need it, but you don’t want to be the guy pointing a gun around a pile of dead bodies when the cops arrive.

This is probably not how you want to appear to police officers responding to an active shooter scene.

 

 

  • If you think you need to cover the downed killer with your pistol, the killer probably needs to be shot again.  In an active killer situation, I’m going to shoot until the bad guy is no longer a threat.
    If you shoot him and he goes down, but keeps trying to shoot other people or access his weapons, HE NEEDS TO BE SHOT SOME MORE.  If he has already killed other people and is not obeying your commands to drop his weapon, HE NEEDS TO BE SHOT SOME MORE.  Solve the problem.  Make sure the killer is no longer a threat and then holster your pistol.

 

  • Consider how you look to responding officers.  In order from most threatening to least threatening you could be:

 

-Aiming gun at the suspect

-At a low ready position

-At a high compressed ready (“chest ready”) or SUL position

-Gun holstered.  Hand on gun.

-Gun holstered.  Hands in the air.

-Gun on the ground.  Hands in the air.

 

You’ll ultimately have to decide which is the best position to adopt depending on your analysis of how dangerous the suspect remains or the presence of additional suspects.  Just realize that the higher up on the list you appear when the cops arrive, the greater the chance that you will be shot.

 

With her hand on her holstered pistol, this CCW permit carrier looks a lot less threatening to responding officers but she is still prepared to re-engage if necessary.

 

If you are afraid to holster the gun because further action seems imminent, bring the gun close to your body and cover it with the support hand. Get some cover as well.

 

I personally like the idea of holstering your gun.  In a recent online discussion, my friend (and amazing shooter) Kirk Clark commented that knowing you can make fast and accurate first shots from the holster allows you the ability to keep the gun less visible and decreases your chance of being shot by responding police.

 

It’s comforting knowing that if the bad guy becomes animated again, you could shoot him with your holstered firearm in less than a second.  If you have superior drawing/shooting skills you can afford to take the time to holster your weapon so as to appear less of a threat to responding cops.

 

What’s your draw to first hit time with your CCW holster?  If it’s at or near two seconds or more, that may not be fast enough.

 

  • Don’t approach the bad guy after you shoot.  He may be playing dead, trying to lure you closer.  He may have more than one gun.  He my have explosives.  There’s nothing to gain and a lot to lose by approaching the down suspect.  Stay away from him and keep other bystanders away as well.

 

  • Don’t secure bad guy’s gun unless it’s an imminent danger to other people or you need to leave the downed attacker to confront other killers.  I can’t think of too many occasions where that would be likely.  The rules for handling the bad guy’s gun are the same for handling your own weapon.  Again, you don’t want to be the dude with a gun in his hand (no matter if it’s yours or his) standing over a bunch of dead bodies when the cops show up.There’s no need to secure the bad guy’s weapon if he is dead or unconscious.  If he’s not dead or unconscious and is still handling the weapon, HE NEEDS TO BE SHOT SOME MORE.  Shoot him again if he needs to be shot.

    There are no tactical advantages for disarming the killer if he is truly incapacitated, yet your efforts to disarm him may be what gets you shot by responding cops.  The juice isn’t worth the squeeze.

    Think about this particular case.  Our CCW rescuer dramatically increased his chances of being shot by the cops while he had a long gun in his hands.  The responding cops don’t know that you are the good guy attempting to unload a murder weapon.

 

  • Consider the “optics” of responding with a long gun.  I regularly hear folks talking about getting their “truck gun” before intervening.  Some folks carry folding stock AR-style “pistols” in sling bags while out in public.  I don’t think that’s a very good idea.
    While using a long gun gives you a tactical advantage as compared to responding using your concealed handgun, it also makes you much more likely to be shot by the cops.  Even amped up and poorly trained cops know that there are lots of “good guys” packing CCW pistols.  There are comparatively few CCW carriers who run around public areas with a long gun.  Like it or not, long gun in public = “bad guy” in most cops’ brains.

 

  • Be ready for police.  The cops are coming and they are coming in fast.  Watch for them and be ready to be ordered to drop your gun and get down on the ground.  Do exactly what the officer tells you to do.  You’ll most likely be disarmed, handcuffed, and searched.  Keep as calm as you can.  Don’t argue, debate, or explain the facts to the responding cops.  Just do what they say.  You will be cuffed and treated like a criminal for a few minutes until the cops figure out what’s happening.If you are sure the killer is no longer a threat, it may be safer to place your gun on the ground instead of holstering it.  After you take care of business, put your gun on the ground.  Stand on it to keep it better secured.  Get your hands up and be ready to follow the responding cops’ orders.

 

  • Find a better position.  After the shooting stops, look for a better position.  Ideally, you want a position that provides you with cover from both the down bad guy AND from likely avenues of police response.  Getting cover between you and the responding cops allows everyone a few more seconds to best evaluate the situation before acting.

 

  • Manage the 911 call.  If there are other people in the area, some of them will be on the phone with police.  Instruct the callers to tell police that an armed CCW carrier is on the scene.  Have the callers give dispatch a good description of you and the fact that you are NOT the suspect.  Tell the caller to relay the fact that you are waiting for the cops and will comply with their orders when they arrive.

 

  • If you have time, gather a “welcoming committee.”  Gather one or more bystanders.  Tell them what’s happening.  Instruct them to find responding officers, provide your description and tell them that you are a “good guy.”The “welcoming committee” watches your back and informs police about what happened while you keep your eyes on the killer. If you can find someone who is willing to physically place his/her own body between you and the likely avenue of police approach in order to intercept responding cops, your chance of being shot by the cops is dramatically reduced.

 

As cops are arriving on scene,  they are quickly trying to get “feel” for what’s going on.  They are comparing what they see to what dispatch has told them is happening.  They are quickly talking to people to find out where the suspect(s) and victim(s) are.  Doing all this while knowing you might be the next victim, makes many elements of this response sequence overwhelming for the responding cops.

The cops are operating on limited information and an intuition about what is happening.  They are primarily looking for suspects.  It’s in your best interest to not look like one.  Don’t stand there with a gun in hand.

Look like a “helper” instead.  Do what you can to provide assistance.  Instruct people to call 911.  Keep people away from the bad guy.  Move people to cover.  Get people away from potential threats.  Start providing medical care to the injured.   Looking like a “helper” and not looking like a “suspect” is what will minimize the chances of your being shot by either responding officers or another CCW carrier.

 

In a horrible event like an active killer scene, your gun will seem like the most important piece of life saving equipment you can hold on to. It is exactly that, until the cops arrive. At some point in the engagement, the gun will do more to put you in danger than it will to protect you against the killer(s). Recognize that fact and don’t be seen standing over a pile of dead bodies with your pistol out and at the ready.

 

Categories
Cops

I gotta say that the FBI IG is a Ballsy Guy!

ANALYSIS

Federal Bureau Of Incompetence: An Analysis Of The FBI’s Most Embarrassing Failures

Daily Caller: Top Left: Stefani Reynolds-Pool/Getty Images Middle: JEFF KOWALSKY/AFP via Getty Top Right: MANDEL NGAN/AFP via Getty Images Bottom: APU GOMES/AFP via Getty Images

America’s finest at the FBI last week added yet another screw up to what appears to be a growing laundry list of humiliating failures.

Department of Justice (DOJ) Inspector General (IG) Michael Horowitz released a report Wednesday in which he accused the bureau of failing to adequately respond to sexual abuse allegations against disgraced U.S. gymnastics team doctor Larry Nassar.

“Failures by Indianapolis [FBI] officials contributed to a delay [in investigating Nassar] of over a year,” the report said, adding that FBI officials failed to respond to the “Nassar allegations with the utmost seriousness and urgency that the allegations deserved and required, made numerous and fundamental errors when they did respond to them, and failed to notify state or local authorities of the allegations or take other steps to mitigate the ongoing threat.”

The report also alleged that after receiving the first complaint against Nassar in 2015, the bureau neither notified state, nor local authorities that he was under investigation, nor did they notify agents in Lansing, Michigan, where Nassar was employed at the time by Michigan State University.

Nassar would end up being accused of sexually assaulting at least 265 women, some of whom were famous U.S. gymnasts like Aly Raisman and Simone Biles, under the guise of medical treatment. He was sentenced in 2018 to 40-175 years in prison.

The sharp rebuke from the IG is another black eye for the bureau, the public missteps of which over the last few decades have come under increased bipartisan criticism.

Politically-motivated spying campaigns, being warned about earth-shattering tragedies before they occur, and refusing to bring actual criminals to justice are just some of the embarrassing failures the FBI has increasingly added to its record.

The bureau under the leadership of former Director James Comey and Acting Director Andrew McCabe drew the particular ire of former President Donald Trump and Republicans due to its handling of the Russia investigation in which the FBI would rely on false information and media leaks in order to investigate members of the Trump team.

In 2018, Horowitz released a report rebuking the FBI for using the unverified information in the salacious Steele Dossier to obtain a Foreign Intelligence Surveillance Act (FISA) warrant to spy on former Trump campaign aide Carter Page, who they accused of working as a Russian agent. (RELATED: DOJ Watchdog Puts Final Nail In Steele Dossier’s Coffin)

The report found that FBI agents failed to verify any of the allegations from Christopher Steele, a former British intelligence agent whose primary sub-source for the dossier was previously investigated by the bureau as a Russian spy. Horowitz also detailed 17 examples of information that contradicted the dossier that were withheld when agents presented their case to the FISA court.

“Our review revealed instances in which factual assertions relied upon in the first application targeting Carter Page were inaccurate, incomplete, or unsupported by appropriate documentation, based upon information the FBI had in its possession at the time the application was filed,” the report said.

The FBI’s handling of the Crossfire Hurricane investigation into several members of President Trump’s 2016 campaign for allegations of working with Russia would also be criticized by IG Horowitz for the bureau’s clear political bias against the former president, notably against his incoming national security adviser Michael Flynn.

Flynn’s identity was unmasked in intelligence reports of his calls with Russian ambassador Sergei Kislyak during the transition and FBI officials would attempt to go after him for a Logan Act violation, an obscure law that prevents American citizens from negotiating on behalf of the U.S.

Flynn would go on to plead guilty to making false statements to the FBI — but later retracted it, saying he was pressured into it by Special Counsel Robert Mueller’s team. He was later pardoned by Trump. (RELATED: The Biggest Disclosures In Michael Flynn’s Case)

The lead agent on the Flynn case would later cast doubt on the allegations made by the FBI’s sources about Flynn’s contacts with the Russians and later reports revealed that the bureau even offered money to Christopher Steele to dig up dirt on the 4-star Army general.

Further accusations of political bias against the Trump administration would go on to taint the reputation of the FBI.

Kevin Clinesmith, an FBI lawyer involved in both the Crossfire Hurricane investigation and special counsel’s probe, sent several anti-Trump text messages in 2016 to fellow FBI employees, one of which said “Viva le Resistance!” He would later be sentenced to probation and community service for his role in falsifying an email about Carter Page.

Peter Strzok, former deputy assistant director of the FBI’s Counterintelligence Division, would also come under heavy criticism from Republicans for anti-Trump text exchanges he had in 2016 with FBI lawyer and paramour Lisa Page, leading to his dismissal from the bureau.

“(Trump’s) not ever going to become president, right? Right?!” Page wrote to Strzok. “No. No he’s not. We’ll stop it,” Strzok, who was deeply involved in both Crossfire Hurricane and the special counsel’s probe, reportedly replied.

In addition to political bias that has tainted the bureau’s reputation, the FBI has also endured a series of failures to stop mass tragedies before they occur despite being warned.

The FBI had either been warned or tipped off to the 2016 Pulse Nightclub shooter, 2018 Parkland shooter, 2013 Boston bomber, and 2009 Fort Hood shooter, as well as the recent Boulder grocery store shooter and Nashville Christmas bomber.

In the case of the Pulse nightclub shooter, it would later be revealed that his father had been an FBI informant for over a decade prior to the shooting. (RELATED: The FBI Keeps Missing Mass Shooters Before It’s Too Late)

When the deadliest mass shooting in American history occurred in October 17 at a country music concert in Las Vegas, the FBI wrapped up its investigation without ever conclusively determining a motive for the shooter.

Perhaps the worst FBI misstep, however, was their decades-long failure to bring notorious sex trafficker Jeffrey Epstein to justice.

In the four-hour Netflix special “Jeffrey Epstein: Filthy Rich,” painter Maria Farmer and her teenage sister Annie both said they contacted the FBI about being sexually abused by Epstein and his crony Ghislaine Maxwell in 1996.

Years later, in 2006, U.S. Attorneys would shut down a federal sex trafficking investigation into Epstein in Florida after he plead guilty to state prostitution charges despite the fact that the FBI suspected he was abusing girls in cities across the country and overseas.

“To say that the FBI was ignorant and just didn’t know, doesn’t really hold water,” Attorney Spencer Kuvin told the Daily Caller News Foundation in 2020 after the reports were revealed by the Miami Herald. “They would’ve had to have been so inept to think that this stopped at the gates of Epstein’s Palm Beach mansion.”

Recent documents in the Ghislaine Maxwell case also showed that the feds had once again deliberated pursuing charges against Epstein in 2016 after a lawyer for accuser Virginia Guiffre warned he was still abusing young girls.

The documents say that a New York prosecutor instructed an FBI chief to ask the Florida agents if they felt “justice had not been served” in the 2006 case but did not get a response. The prosecutor assumed that, by not responding, the “FBI agents in Florida did not express dissatisfaction,” according to the documents.

It would take until 2019 for Epstein to finally be arrested after extensive reporting on his sex crimes was done by the Miami Herald. He would later die of an apparent suicide in prison. Ghislaine Maxwell wouldn’t be arrested until June 2020.

Despite refusing to bring one of the most notorious sex criminals that have ever lived to justice, the FBI finds time to encourage Americans to spy on each other, seize legos from the homes of January 6 defendants, and send fifteen agents to investigate hate-crime allegations that turn out to be garage door pull chords.

Instead of investigating the alleged tip it received about Epstein’s abuse in 1996, the FBI was instead finding the time to funnel false information to journalists in order to smear 33-year-old Richard Jewell, the security guard who saved many lives by discovering a pipe bomb that had been placed in a crowded venue during the 1996 Olympic games in Atlanta. (RELATED: Richard Jewell, Carter Page And The Illusion Of The FBI’s Power And Competence)

Just today, Buzzfeed News reported that FBI informants “had a hand in nearly every aspect starting with its inception” of the alleged plot to kidnap Michigan Governor Gretchen Whitmer in October of last year, which was reported at the time as being foiled by an undercover FBI agent. “The extent of their involvement raises questions as to whether there would have even been a conspiracy without them,” the report added.

All of these miserable failures and corrupt activities have led to a crisis of credibility at America’s principle law enforcement agency.

Given the state of the FBI, it might even be time to officially change its name to the Federal Bureau of Incompetence.

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A Victory! Cops Darwin would of approved of this! Stupid Hit

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‘What took so long?’ Anti-crime Eric Adams slams Cuomo’s gun violence emergency declaration and vows to ‘turn this city around’ after winning Democratic NYC mayoral primary

  • Eric Adams on Tuesday was declared Democrat nominee for NYC’s mayoral race
  • On Wednesday, the former NYPD police captain spoke of his plans for the city
  • He said Andrew Cuomo’s gun violence plan – announced on Tuesday – was too long in the making, and insisted it urgently needed to be implemented
  • Adams, 60, praised Cuomo for describing gun violence as a public health crisis
  • He also hit back at criticism from podcast host Toure, who said Adams could not make the city safer given his police background 
  • ‘It’s time for us to stop believing that we should have the right tweets — we should have the right safe streets,’ said Adams on Wednesday morning 

New York City‘s likely next mayor has criticized the state’s governor for his gun violence ‘disaster emergency’, asking Andrew Cuomo: ‘What took so long?’

Eric Adams, a 60-year-old former NYPD police captain, on Tuesday was confirmed as the winner of the Democratic primary, putting him on track to secure victory in the strongly-Democrat state at November’s election.

He wasted no time in attacking Cuomo, also a Democrat, and used his first interview to condemn the veteran governor.

Asked for his response to Cuomo’s gun violence plan, Adams replied: ‘My first question is, what took so long? And why has it taken us so long, watching these babies die, year after year after year? No one seems to care.’

Eric Adams, who is on track to be elected mayor of New York City in November, on Wednesday morning said that Andrew Cuomo's gun violence reduction plan should have been ushered in earlier

Eric Adams, who is on track to be elected mayor of New York City in November, on Wednesday morning said that Andrew Cuomo’s gun violence reduction plan should have been ushered in earlier

Adams, 60, served as a captain in the NYPD and then entered politics, becoming Brooklyn borough president. Asked for his response to Cuomo’s gun violence plan, he replied: ‘My first question is, what took so long? And why has it taken us so long, watching these babies die, year after year after year?’

Adams campaigned on a ticket of improving law and order in the city, which is seeing soaring violence.

New York City has seen 765 shootings in the city so far this year, compared to 555 shootings during the same time last year.

Cuomo on Tuesday unveiled a $139 million seven-point plan, with emphasis on violence reduction initiatives, jobs and training for those at risk of getting swept up in gun crime, and making the gun manufacturers more accountable to victims’ families.

New York became the first state in the nation to declare gun violence an emergency on Tuesday as Cuomo pointed the finger at the manufacturers of weapons as one of the main reasons behind the spate of shootings and killings that is at its highest level since the early 2000s.

Cuomo is finally taking action over the surging crime rate in the Big Apple and the rest of the state, by signing legislation allowing for a lawsuit to be brought in cases where ‘reasonable controls and procedures are not in place’.

He also closed a loophole that allowed people with outstanding warrants for their arrest to purchase guns and said that they want to form a council aimed at gun-violence prevention.

However, critics have claimed it is ‘political grandstanding’ and that an increase in gun violence has been caused by ‘soft-on-crime’ policies such as the early release of prisoners, treating criminals ‘like victims’ and calls to defund the police.

Cuomo has long had a contentious relationship with the current mayor, Bill de Blasio, and in response to Adams’ criticism blamed the incumbent.

‘Policing is a local government issue managed by the mayor, and Mr Adams is right that it has taken too long to step up and take charge on the gun violence issue,’ said Rich Azzopardi, an advisor to Cuomo.

‘The governor is stepping in because too little has been done by the local leadership.

‘The governor mandated all local governments reform their police systems last year, and some made more progress than others.’

It came as Adams criticized the state's governor for his gun violence 'disaster emergency', asking Andrew Cuomo: 'What took so long?' (pictured: Cuomo signs bills declaring gun violence a public health emergency)

Andrew Cuomo, the governor of New York, was in Manhattan on Tuesday to sign into law a $139 million plan to combat gun crime in the state. Almost half of the money will go to violence prevention initiatives and finding jobs and training for young people deemed most at risk

However, critics have claimed it is 'political grandstanding' and that an increase in gun violence is caused by soft crime policies

However, critics have claimed it is ‘political grandstanding’ and that an increase in gun violence is caused by soft crime policies

NY first state to declare gun violence as a public health emergency
Adams mingles with supporters during his election night party, late on June 22

Adams mingles with supporters during his election night party, late on June 22

Adams did praise Cuomo’s plan to invest more money in violence prevention, and said Cuomo was right to describe it as a public health crisis.

‘It’s going to allow the easiest accessibility to finance and money,’ he said.

‘We need to teach, treat gun violence as a public health emergency. Every agency in the city, in this country, must be part of dealing with gun violence because if we deal with the gun violence, we’re going to start dealing with the feeders of violence.

‘We’ve ignored that for far too long.’

Over the Fourth of July weekend, 51 people were shot in New York state with 26 of those in New York City alone. At least two of those were killed.

Across the state, 14 victims were in Buffalo, five in Syracuse, three on Long Island, two in Utica and one in Rochester.

During the holiday weekend, 13 people in the state died of COVID-19.

New York City police officers investigate the scene where a man was shot and killed in Brooklyn on June 11. Gun crime is soaring in the city, and across the state

New York City police officers investigate the scene where a man was shot and killed in Brooklyn on June 11. Gun crime is soaring in the city, and across the state

New York City police officers with the Crime Scene Unit investigate the scene in Brooklyn on June 11

New York City police officers with the Crime Scene Unit investigate the scene in Brooklyn on June 11

Adams was attack earlier on Wednesday by former MSNBC host Toure – a left-wing podcast host with a large following.

Toure claimed on Twitter that Adams wouldn’t live up to his promises to bring change to the city’s police department.

‘If you marched in NYC last year to protest police violence and this year voted for Eric Adams to be Mayor, I don’t understand you,’ Toure said.

‘Cops cannot get us to the real police reform we need.’

 

Adams insisted that he was indeed the man for the job.

‘I say that it’s time for us to stop believing that we should have the right tweets — we should have the right safe streets,’ he told CNN.

‘I say that when [Touré] gets on the subway, he does not want to be pushed to the subway tracks, and he doesn’t want to be slashed.

‘He does not want his son to be like young 10-year-old Justin, who was shot and killed in Rockaway by gun violence.’

And Adams said he was confident that New York City could lead the nation in reducing violent crime.

‘I know how we can turn around not only New York, but America,’ he said.

‘New York is going to show America how to run cities.

‘We’re in a terrible place, and we can turn this country and city around.’

 

 

 

 

 

 

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All About Guns Anti Civil Rights ideas & "Friends" Cops

New Leaks Shows ATF Running Background Checks On Gun Buyers Retroactively by John Crump

Millions of law-abiding citizens submit to background checks, as intimated by the president's comment to reporters. (Dave Workman)

New Leaks Shows ATF Running Background Checks On Gun Buyers Retroactively (Dave Workman)

MARTINSBURG, WV –-(Ammoland.com)- AmmoLand News learned through a leaked Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conference call that the agency is starting to run gun buyers retroactively through the FBI’s National Instant Criminal Background Check System (NICS).

In the conference call, the ATF leadership asked its Industry Operations Inspectors (IOI) to collect information on the customers that used concealed carry permits instead of obtaining a background check through the NICS. The purpose of obtaining this information would be to run the customer’s data through the NICS to see if the customer would have received an approved or denied status. In addition, the IOI will pass on the names and information of customers denied by the NICS to the criminal branch for a special agent to follow up.

Some states, such as Alaska, allow gun buyers to use their concealed carry permits to buy a gun instead of being subjected to a background check through NICS. Gun buyers in these states believe that using a concealed carry permit to purchase firearms gives them a level of anonymity that the NICS doesn’t provide.

The information from the firearms background check paperwork (ATF Form 4473) is not submitted to the FBI when the customer uses their permit. Before the new policy, the only time the government would know a person bought a gun is when the FFL goes out of business, a trace request is submitted, or the customer buys multiple handguns within a seven-day period.

Congress wrote an exemption to the mandated background check using the NICS into the Brady Handgun Violence Prevention Act in 1998. However, the ATF has not been a fan of states letting their citizens use their concealed carry permits to buy guns without going through the NICS. In fact, the ATF has told states like Michigan that they can no longer use the concealed carry permit exemption.

According to the Brady Act, states can let gun buyers use concealed carry permits instead of going through the NICS if the permit meets or exceeds the NICS requirements, and the issuing agency performs a background check on the permit applicant using the NICS. However, even though states like Michigan meet all the conditions laid out in the Brady Act for a NICS exemption, The ATF had an issue with how some issuing agencies implemented the law.

Some sheriffs used the National Crime Information Center (NCIC) to perform background checks instead of the NICS. The NCIC database is where the NICS database pulls most of its information. They claimed since that the sheriffs were not following the proper procedure, that the FFLs of the state could not use the concealed carry permit to buy a gun.

Gun Owners of America (GOA) sued the ATF over their decision to revoke the NICS exemption for Michigan and other states. GOA claimed that the ATF did not have the right to reinterpret the Brady Act law. The ATF stopped revoking exemption status for states once the lawsuits started to be filed in multiple states by the gun rights organization.

It seems like the ATF has found another way to run customers through the NICS. Unfortunately, the ATF would not provide AmmoLand News a comment.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

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Cops

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Cops Darwin would of approved of this!

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All About Guns Cops

And Ft Leavenworth is mighty hot right now! Stolen Army Assault Rifles Keep Showing Up In California

Authorities in California’s agricultural heartland weren’t looking for a military assault rifle when they went to investigate the domestic assault case, but they found one.

It was in the garage of a Spanish-tiled home in Fresno that police stumbled upon the AK-74. Its distinctively banana-shaped magazine — loaded with 20 rounds — was in a nearby storage container.

AK-74s are similar to their more famous cousin, the AK-47. Every two seconds, they shoot three bullets. Because of how rapidly they fire, civilians cannot legally possess them in the United States without a license.

The weapon recovered by chance in 2019 was stolen eight years before from Fort Irwin, a base in California’s Mojave Desert where many soldiers trained before tours in Iraq and Afghanistan.

The three thieves had base access because they were military police — the soldiers who’d get the call when there was a break-in. To get into the supply warehouse known as Building 934 they cut through a fence, forced open one door and cut through another to enter the arms storage room.

One of them was affiliated with the Fresno Bulldogs street gang. Sgt. John Rodriguez said in an internal interview that he had joined the gang as a fifth grader but was no longer active. That was March 2011 — four months before the heist of 26 AK-74s and a sniper rifle.

After the theft, Rodriguez and Pfc. Harvey DelValle II took off nearly 300 miles to Fresno to unload their haul. At the home of an associate, the two soldiers began calling potential buyers.

This was how the weapons of war made their way onto the streets of Fresno. The guns were among at least 1,900 U.S. military firearms that an Associated Press investigation found were lost or stolen over the last decade.

Authorities around Fresno recovered some of them quickly.

Less than two weeks after the theft, agents tracked one down in the detached garage where a Bulldogs member, Moses Zapien, lived with his girlfriend.

READ MORE:Sacramento Mayor Joins Group Pushing For Reparations For Black Communities As Country Celebrates Juneteenth As Federal HolidayThe gun was on a shelf above their bed. Someone had tried to scratch off the serial number. The magazine, with bullets, was inserted.

Zapien told authorities he’d bought it to protect his home for what he considered the bargain price of $200. The garage was in a neighborhood that a century ago housed a railroad depot boom town, but was now gang territory.

Zapien said that he understood the source of the weapon was a Bulldogs member who worked at a military base and was “putting one back on the street for work for the gang.” The gang started in prison and its members have been accused of running guns and drugs, and operating networks of human trafficking and prostitution.

Another six AK-74s reached gang hands through an extended negotiation, according to what Rodriguez’s associate, Nathan Granados, told federal investigators.

About a week after the theft, Rodriguez and Granados met in the back room of a tattoo shop with three gang members who’d arrived in a white BMW SUV. Rodriguez brought one of the AK-74s inside for show and tell.

The discussion was promising enough that the two groups reconnected later and continued to negotiate. Around midnight, they drove to a home for the exchange. Rodriguez went to the backyard cellar and retrieved six guns. The Bulldogs handed over $1,400 and the deal was done.

How many remain in gang hands is unclear. Some of the 26 stolen guns have surfaced by happenstance. In June 2012, an insurance adjuster found one inside a vehicle that had been repossessed from a felon.

The three soldiers were convicted in military courts and sentenced to between six and 20 years in prison. At least 14 civilians were charged.