Documents: ATF used "Fast and Furious" to make the case for gun regulations
Documents: ATF used "Fast and Furious" to make the case for gun regulations
CBS
Documents obtained by CBS News show that the Bureau of Alcohol
Tobacco, Firearms and Explosives (ATF) discussed using their covert
operation "Fast and Furious" to argue for controversial new rules about
gun sales.
PICTURES: ATF "Gunwalking" scandal timeline
In Fast and Furious, ATF secretly encouraged gun dealers to sell to
suspected traffickers for Mexican drug cartels to go after the "big
fish." But ATF whistleblowers told CBS News and Congress it was a
dangerous practice called "gunwalking," and it put thousands of weapons
on the street. Many were used in violent crimes in Mexico. Two were
found at the murder scene of a U.S. Border Patrol agent.
ATF officials didn't intend to publicly disclose their own role in
letting Mexican cartels obtain the weapons, but emails show they
discussed using the sales, including sales encouraged by ATF, to justify
a new gun regulation called "Demand Letter 3". That would require some
U.S. gun shops to report the sale of multiple rifles or "long guns."
Demand Letter 3 was so named because it would be the third ATF program
demanding gun dealers report tracing information.
On
July 14, 2010 after ATF headquarters in Washington D.C. received an
update on Fast and Furious, ATF Field Ops Assistant Director Mark Chait
emailed Bill Newell, ATF's Phoenix Special Agent in Charge of Fast and
Furious:
"Bill - can you see if these guns were all purchased from the same
(licensed gun dealer) and at one time. We are looking at anecdotal cases
to support a demand letter on long gun multiple sales. Thanks."
More Fast and Furious coverage:
Memos contradict Holder on Fast and FuriousAgent: I was ordered to let guns "walk" into MexicoGunwalking scandal uncovered at ATF
On Jan. 4, 2011, as ATF prepared a press conference to
announce arrests in Fast and Furious, Newell saw it as "(A)nother time
to address Multiple Sale on Long Guns issue." And a day after the press
conference, Chait emailed Newell: "Bill--well done yesterday... (I)n
light of our request for Demand letter 3, this case could be a strong
supporting factor if we can determine how many multiple sales of long
guns occurred during the course of this case."
This
revelation angers gun rights advocates. Larry Keane, a spokesman for
National Shooting Sports Foundation, a gun industry trade group, calls
the discussion of Fast and Furious to argue for Demand Letter 3
"disappointing and ironic." Keane says it's "deeply troubling" if sales
made by gun dealers "voluntarily cooperating with ATF's flawed
'Operation Fast & Furious' were going to be used by some individuals
within ATF to justify imposing a multiple sales reporting requirement
for rifles."
The Gun Dealers' Quandary
Several gun dealers who cooperated with ATF told CBS News and
Congressional investigators they only went through with suspicious sales
because ATF asked them to.
Sometimes it was against the gun dealer's own best judgment.
Read the email
In April, 2010 a licensed gun dealer cooperating with ATF
was increasingly concerned about selling so many guns. "We just want to
make sure we are cooperating with ATF and that we are not viewed as
selling to the bad guys," writes the gun dealer to ATF Phoenix
officials, "(W)e were hoping to put together something like a letter of
understanding to alleviate concerns of some type of recourse against us
down the road for selling these items."
Read the email
ATF's group supervisor on Fast and Furious David Voth assures the
gun dealer there's nothing to worry about. "We (ATF) are continually
monitoring these suspects using a variety of investigative techniques
which I cannot go into detail."
Two months later, the same gun dealer grew more agitated.
"I wanted to make sure that none of the firearms that were sold per our
conversation with you and various ATF agents could or would ever end up
south of the border or in the hands of the bad guys. I guess I am
looking for a bit of reassurance that the guns are not getting south or
in the wrong hands...I want to help ATF with its investigation but not
at the risk of agents (sic) safety because I have some very close
friends that are US Border Patrol agents in southern AZ as well as my
concern for all the agents (sic) safety that protect our country."
"It's like ATF created or added to the problem so they could be the
solution to it and pat themselves on the back," says one law enforcement
source familiar with the facts. "It's a circular way of thinking."
The Justice Department and ATF declined to comment. ATF officials
mentioned in this report did not respond to requests from CBS News to
speak with them.
The "Demand Letter 3" Debate
The two sides in the gun debate have long clashed over whether gun
dealers should have to report multiple rifle sales. On one side, ATF
officials argue that a large number of semi-automatic, high-caliber
rifles from the U.S. are being used by violent cartels in Mexico. They
believe more reporting requirements would help ATF crack down. On the
other side, gun rights advocates say that's unconstitutional, and would
not make a difference in Mexican cartel crimes.
Two
earlier Demand Letters were initiated in 2000 and affected a relatively
small number of gun shops. Demand Letter 3 was to be much more sweeping,
affecting 8,500 firearms dealers in four southwest border states:
Arizona, California, New Mexico and Texas. ATF chose those states
because they "have a significant number of crime guns traced back to
them from Mexico." The reporting requirements were to apply if a gun
dealer sells two or more long guns to a single person within five
business days, and only if the guns are semi-automatic, greater than .22
caliber and can be fitted with a detachable magazine.
On April 25, 2011, ATF announced plans to implement Demand Letter 3. The
National Shooting Sports Foundation is suing the ATF to stop the new
rules. It calls the regulation an illegal attempt to enforce a law
Congress never passed. ATF counters that it has reasonably targeted guns
used most often to "commit violent crimes in Mexico, especially by drug
gangs."
Reaction
Sen. Charles
Grassley, R-Iowa, is investigating Fast and Furious, as well as the
alleged use of the case to advance gun regulations. "There's plenty of
evidence showing that this administration planned to use the tragedies
of Fast and Furious as rationale to further their goals of a long gun
reporting requirement. But, we've learned from our investigation that
reporting multiple long gun sales would do nothing to stop the flow of
firearms to known straw purchasers because many Federal Firearms Dealers
are already voluntarily reporting suspicious transactions. It's pretty
clear that the problem isn't lack of burdensome reporting requirements."
On July 12, 2011, Sen. Grassley and Rep. Darrell Issa, R-Calif., wrote
Attorney General Eric Holder, whose Justice Department oversees ATF.
They asked Holder whether officials in his agency discussed how "Fast
and Furious could be used to justify additional regulatory authorities."
So far, they have not received a response. CBS News asked the Justice
Department for comment and context on ATF emails about Fast and Furious
and Demand Letter 3, but officials declined to speak with us.
"In light of the evidence, the Justice Department's refusal to answer
questions about the role Operation Fast and Furious was supposed to play
in advancing new firearms regulations is simply unacceptable," Rep.
Issa told CBS News.
CBS
Documents obtained by CBS News show that the Bureau of Alcohol
Tobacco, Firearms and Explosives (ATF) discussed using their covert
operation "Fast and Furious" to argue for controversial new rules about
gun sales.
PICTURES: ATF "Gunwalking" scandal timeline
In Fast and Furious, ATF secretly encouraged gun dealers to sell to
suspected traffickers for Mexican drug cartels to go after the "big
fish." But ATF whistleblowers told CBS News and Congress it was a
dangerous practice called "gunwalking," and it put thousands of weapons
on the street. Many were used in violent crimes in Mexico. Two were
found at the murder scene of a U.S. Border Patrol agent.
ATF officials didn't intend to publicly disclose their own role in
letting Mexican cartels obtain the weapons, but emails show they
discussed using the sales, including sales encouraged by ATF, to justify
a new gun regulation called "Demand Letter 3". That would require some
U.S. gun shops to report the sale of multiple rifles or "long guns."
Demand Letter 3 was so named because it would be the third ATF program
demanding gun dealers report tracing information.
On
July 14, 2010 after ATF headquarters in Washington D.C. received an
update on Fast and Furious, ATF Field Ops Assistant Director Mark Chait
emailed Bill Newell, ATF's Phoenix Special Agent in Charge of Fast and
Furious:
"Bill - can you see if these guns were all purchased from the same
(licensed gun dealer) and at one time. We are looking at anecdotal cases
to support a demand letter on long gun multiple sales. Thanks."
More Fast and Furious coverage:
Memos contradict Holder on Fast and FuriousAgent: I was ordered to let guns "walk" into MexicoGunwalking scandal uncovered at ATF
On Jan. 4, 2011, as ATF prepared a press conference to
announce arrests in Fast and Furious, Newell saw it as "(A)nother time
to address Multiple Sale on Long Guns issue." And a day after the press
conference, Chait emailed Newell: "Bill--well done yesterday... (I)n
light of our request for Demand letter 3, this case could be a strong
supporting factor if we can determine how many multiple sales of long
guns occurred during the course of this case."
This
revelation angers gun rights advocates. Larry Keane, a spokesman for
National Shooting Sports Foundation, a gun industry trade group, calls
the discussion of Fast and Furious to argue for Demand Letter 3
"disappointing and ironic." Keane says it's "deeply troubling" if sales
made by gun dealers "voluntarily cooperating with ATF's flawed
'Operation Fast & Furious' were going to be used by some individuals
within ATF to justify imposing a multiple sales reporting requirement
for rifles."
The Gun Dealers' Quandary
Several gun dealers who cooperated with ATF told CBS News and
Congressional investigators they only went through with suspicious sales
because ATF asked them to.
Sometimes it was against the gun dealer's own best judgment.
Read the email
In April, 2010 a licensed gun dealer cooperating with ATF
was increasingly concerned about selling so many guns. "We just want to
make sure we are cooperating with ATF and that we are not viewed as
selling to the bad guys," writes the gun dealer to ATF Phoenix
officials, "(W)e were hoping to put together something like a letter of
understanding to alleviate concerns of some type of recourse against us
down the road for selling these items."
Read the email
ATF's group supervisor on Fast and Furious David Voth assures the
gun dealer there's nothing to worry about. "We (ATF) are continually
monitoring these suspects using a variety of investigative techniques
which I cannot go into detail."
Two months later, the same gun dealer grew more agitated.
"I wanted to make sure that none of the firearms that were sold per our
conversation with you and various ATF agents could or would ever end up
south of the border or in the hands of the bad guys. I guess I am
looking for a bit of reassurance that the guns are not getting south or
in the wrong hands...I want to help ATF with its investigation but not
at the risk of agents (sic) safety because I have some very close
friends that are US Border Patrol agents in southern AZ as well as my
concern for all the agents (sic) safety that protect our country."
"It's like ATF created or added to the problem so they could be the
solution to it and pat themselves on the back," says one law enforcement
source familiar with the facts. "It's a circular way of thinking."
The Justice Department and ATF declined to comment. ATF officials
mentioned in this report did not respond to requests from CBS News to
speak with them.
The "Demand Letter 3" Debate
The two sides in the gun debate have long clashed over whether gun
dealers should have to report multiple rifle sales. On one side, ATF
officials argue that a large number of semi-automatic, high-caliber
rifles from the U.S. are being used by violent cartels in Mexico. They
believe more reporting requirements would help ATF crack down. On the
other side, gun rights advocates say that's unconstitutional, and would
not make a difference in Mexican cartel crimes.
Two
earlier Demand Letters were initiated in 2000 and affected a relatively
small number of gun shops. Demand Letter 3 was to be much more sweeping,
affecting 8,500 firearms dealers in four southwest border states:
Arizona, California, New Mexico and Texas. ATF chose those states
because they "have a significant number of crime guns traced back to
them from Mexico." The reporting requirements were to apply if a gun
dealer sells two or more long guns to a single person within five
business days, and only if the guns are semi-automatic, greater than .22
caliber and can be fitted with a detachable magazine.
On April 25, 2011, ATF announced plans to implement Demand Letter 3. The
National Shooting Sports Foundation is suing the ATF to stop the new
rules. It calls the regulation an illegal attempt to enforce a law
Congress never passed. ATF counters that it has reasonably targeted guns
used most often to "commit violent crimes in Mexico, especially by drug
gangs."
Reaction
Sen. Charles
Grassley, R-Iowa, is investigating Fast and Furious, as well as the
alleged use of the case to advance gun regulations. "There's plenty of
evidence showing that this administration planned to use the tragedies
of Fast and Furious as rationale to further their goals of a long gun
reporting requirement. But, we've learned from our investigation that
reporting multiple long gun sales would do nothing to stop the flow of
firearms to known straw purchasers because many Federal Firearms Dealers
are already voluntarily reporting suspicious transactions. It's pretty
clear that the problem isn't lack of burdensome reporting requirements."
On July 12, 2011, Sen. Grassley and Rep. Darrell Issa, R-Calif., wrote
Attorney General Eric Holder, whose Justice Department oversees ATF.
They asked Holder whether officials in his agency discussed how "Fast
and Furious could be used to justify additional regulatory authorities."
So far, they have not received a response. CBS News asked the Justice
Department for comment and context on ATF emails about Fast and Furious
and Demand Letter 3, but officials declined to speak with us.
"In light of the evidence, the Justice Department's refusal to answer
questions about the role Operation Fast and Furious was supposed to play
in advancing new firearms regulations is simply unacceptable," Rep.
Issa told CBS News.