BATF has no standards (so what else is new?)

http://tcftalk.com/clairefiles/index.php?topic=6461.msg75529#msg75529

Guys,

We know that there have been many people railroaded by the ATF for having guns
or kits that they determined to be "readily convertible" to something illegal.
People like Bob Stewart of Maadi-Griffin and John Glover for example. Well, I'm
working on a project that could overturn literally thousands of such unjust
convictions, and I need help from you folks.

You've probably head of their various ludicrious justifications, like Shoelaces
being machineguns, or 8 hours of machine shop time being "readily convertible".
The question is, does the BATFE have any documented procedure for determining
what makes something "readily convertible" into a gun or machinegun? Every other
federal agency that does testing has clearly defined procedures, which are
obviously necessary to make objective conclusions. Ask the FDA for drug-testing
procedures, for example, and they'll give them to you.

What we suspect, however, is that the BATFE has no such manual - they use
whatever procedures strike an agent's fancy at the moment, and make their
conclusions subjectively (big surprise, huh?). If this is the case, then their
conclusions about the convertibility of guns in thousands of cases will become
tainted evidence, allowing thousands of retrials and ultimately freeing
thousands of people fraudulently convicted.

How do we prove it? We need Congressmen to request a copy of the ATF procedures
manual from the Congressional Research Service. The CRS of course does not have
such a thing on file, and so they will request one from the ATF. When the ATF
can't produce it, we have grounds to challenge ATF trial testimony. While this
may sound complicated, we're already halfway there! One Congressman has already
requested the manual directly from the ATF, and they are desperately trying to
get him to formally remove his request...and they might succeed, if we can't
bring any more pressure on them. Even just a few Congressmen joining in the
request would make it neigh impossible for the ATF to squirm out of the hot
seat.

Best of all, this doesn't require Congressmen to do anything so public as
introduce legislation, make speeches, or even vote on anything. All they need to
do is request the ATF procedures manual - a purely internal matter that won't
bring them heat from the media or anti-gun constituents. While I agree that
complainning to congresscritters is pointless in a regular context, this is a
bit different, and IMO can actually make a real difference.

Please help out by contacting your Senators and Representatives (contact info:
Senators, Reps) and asking them to request the BATF firearm examination
procedures manual from the CRS. This is a chance to make a real difference, by
helping real people who have been illegally imprisoned. Please ask your
Congressmen to do this...and please let me know what the ATF or CRS tells them.

Thank you!

----------

For the Record:

ATF enforcement director John Spurgeon and FTB assistant Chief Rick Vasquez have
told me directly that no procedure (documentented) exists. All submissions are
dealt with on a case by case basis. (i.e. made up as they go along). I have
been told by them that it would be logistically impossible to write such a
proceedure. I asked them why there is no definition on "readily restorable". I
was told that they feel it is up to the courts to decide. [note: the courst have
decided, depending on which case you cite it is 15 min with basic hand tools or
8 hours in a modern machine shop]

Here is a letter sent to the Director of the BATFE Mr. Carl J. Trusscott [he has
yet to respond]:


Mr. Carl J. Truscott
July 11, 2005
Director:
Bureau of Alcohol, Tobacco, Firearms, and Explosives
650 Massachusetts Avenue, NW
Washington, DC 20226


Dear Director Truscott:


I am writing you because a serious problem that I have repeatedly tried to
resolve with staff of the ATF?s Firearms Technology Branch (FTB), without a
resolution in sight since July 7, 2003, isn?t likely to be resolved without
action by you. As a responsible member of the firearms industry, and a
federally licensed firearms manufacturer, I correspond with FTB staff on a
regular basis. On June 27, 2005 I was alarmed to learn the actual reason why my
problem isn?t likely to be resolved and a bureaucratic standoff between the FTB
staff and myself is likely to continue.

Consequently, I believe I have no option other than to notify you of this
situation, the facts of the matter, and courteously request your immediate
assistance. I would also like to report to you that I have been threatened
directly and indirectly by ATF employees in apparent retaliation for expressing
my opinions about how the ATF conducts its public business.

The serious problem is that FTB has no written or documented standard testing
procedure or protocol for evaluating submitted firearms. These are firearms
created by inventors such as myself, which ATF evaluates to make sure they are
legal (for example, that the firearms cannot be converted to illegal
machineguns, or ?readily restorable?). The lack of a documented standard
testing procedure or protocol was personally confirmed to me by Director John
Spurgeon, and FTB assistant Chief Rick Vasquez. Assistant Chief Vasquez
informed me that a testing protocol ?is only developed upon receipt of the
firearm to be classified, and is done on a case by case basis. His stated
reason is that ?it would be logistically impossible to have a written protocol?.
I was shocked to learn the ATF?s foremost firearms testing laboratory is
operating with no written testing procedure, protocol, or criteria. The
admissions by Director Spurgeon and Assistant Chief Vasquez that they are
?making it up as they go along? is professionally and scientifically
unconscionable. Unfortunately, this does logically explain some of the
contradictory ?ATF Letter Rulings? documents that have been recently made
public.

As a distinguished member of the federal law enforcement community, I?m sure you
must have not been aware of the lack of a documented standard testing procedure
or protocol within FTB. I am including with this letter a DVD copy of the video
evidence that was gathered during the case [United States vs. John William
Glover (3:03CR69- North Carolina)]. The footage shows ATF employee Michael J.
Cooney admitting that he didn?t even disassemble the firearm he evaluated and
determined was a machinegun. I am also curious why an agent assigned to Imports
Branch was requested to conduct a scientific examination on a firearm that ATF
incorrectly alleged to be a machinegun. Mr. Cooney?s "mistake" almost caused an
innocent U.S. Citizen to be imprisoned for a period of 10 years.

I have personally been present, as an expert witness, in testing the fireams in
[United States vs. Ernest Wrenn (1:04-45, South Carolina)]. Assistant Chief
Vasquez was never able to duplicate his results stated in his report (nor was I
able to do so). His report lead to the indictment of Mr. Wrenn. There is video
of the second testing attempt in the possession of the U.S. Attorney.

I am enclosing a copy of the article I wrote about the FTB?s lack of a written
firearms testing protocol or procedure, that I have posted on the Internet web
site (see http://www.jpfo.org) or (see http://www.jpfo.org/alert20050701a.htm).
The article is entitled ?Why the ATF?s Firearm Testing Procedures are
Scientifically Invalid?, and contains all the supporting documentation.

Director Trucott, I would like to respectfully suggest that you consider doing
the following as a means of resolving this situation. Specifically, would you
and the top executives and managers at ATF be willing to:

Sit down and meet with one or more of the industry trade organization, and agree
on a plan for writing a manual of standard testing protocols for FTB? This
would allow the ATF, the industry, as well as citizens to all be ?on the same
page? when it comes to what is expected in complying with the National Firearms
Act (NFA), as well as the Gun Control Act (GCA) of 1968.

2) Form an ?Industry Oversight Committee? to prevent any further appearance of
institutional bias by ATF when dealing with contradictory and/or legally
incorrect ?ATF Letter Rulings? that FTB has issued, that have resulted from
scientifically flawed testing procedures? Creating such a committee would
provide a way to redress flawed firearms evaluations. (Currently there is no
means of redress other than a civil lawsuit).

3) Adopt H.R. 1603, which would require the ATF to videotape all testing of
firearms and ammunition, as its standard operating policy? (I have also enclosed
a copy of H.R. 1603 for your reference). Even the most rural police departments
routinely utilize video documentation in patrol cars, and during interviews, as
well as in documenting crime scenes. As a career federal law enforcement
executive, I believe you can recognize all of the benefits, with such little
cost involved. This would also insulate the ATF from any appearance of
institutional bias, as well as insure basic fairness.


The last matter I must raise with you regards the direct and indirect threats
made to me by ATF staff since July 2003. I would like your personal guarantee
that ATF will not ?take me out? or ?put me in prison for 30 years, for
irritating the ATF?, as FTB Chief Sterling T. Nixon personally told me in anger
that he can and would do. While I filed a timely written complaint about Chief
Nixon?s conduct, I cannot help but think he could illegally allege that I have
broken the law in some way in another moment of anger, and subject me to
unwarranted legal actions or, possibly, death or great physical harm.

There have also been attempts to intimidate me by Special Agent Lee Baldwin as
well, although Agent Baldwin kept his threats thinly veiled; nevertheless, I
regard such veiled threats as unacceptable professional behavior by a federal
law enforcement agent, and as disturbing of my peace of mind.

Director John Spurgeon recently told me that ?you have acted in a threatening
manner to ATF, by posting your opinions on various web sites. All responses
will now be delayed, as I and General Counsel must review all correspondence
before it can be sent to you.? I have reasonably interpreted Director Spurgeons
statements as implying that by seeking public redress to legitimate grievances
about ATF?s public conduct of its public business, I will be made to suffer an
unreasonable time penalty, at the least. I have posted my opinions on various
Internet websites, which reflect both praise and appropriate criticisms of ATF?s
policies and practices, and for Director Spurgeon to characterize this
legitimate activity (which is engaged in by literally thousands of other people
whom ATF has not threatened) is in my judgment, unacceptable professional
conduct that should not reflect the official policy of the ATF.

Director Truscott, I would not write to you about frustrations of encountering
ordinary bureaucratic delays that is part of modern life and we all have to live
with that. No, I am writing you because (1) several ATF employees have directly
threatened me without any legal basis for doing so, and (2) the fact that FTB
has no written or documented standard testing procedure or protocol for
evaluating submitted firearms, makes it extremely unlikely that problem can be
resolved without decisive personal action by you.

If you have any questions about anything I have discussed in this letter, please
contact me. I would also welcome the opportunity to meet with you personally to
discuss this situation.

Sincerely,




Lennis F. Savage III

President,

Historic Arms LLC

----------


Frank Ney N4ZHG WV/EMT-B NRA(L) GOA CCRKBA JPFO ProvNRA LPWV
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