The following op-ed was written by former Bureau of Alcohol, Tobacco, Firearms
and Explosives deputy assistant director Wally Nelson. It was featured on
the opinion page of the June 5 edition of the New York Sun.
Amateur Hour
Mayor Bloomberg's headline-grabbing stunt of sending private eyes on "sting" operations
against out-of-state gun dealers has turned into an embarrassment. The mayor
sent amateurs off to play "cops," without bothering to coordinate
with the Bureau of Alcohol Tobacco, Firearms & Explosives or his own police
department.
While announcing his lawsuit against 15 gun dealers, the mayor said ATF was "asleep
at the switch." He implied the same in his recent congressional testimony.
Those comments are insulting to the hard-working men and women of ATF.
Far worse than verbal insults, reports indicate his sting operation has jeopardized
over a dozen ongoing criminal investigations, putting law enforcement officers
at risk. A suspect who suddenly finds out that a gun store he frequents is
under surveillance will likely stop his activities. He also could violently
turn on anyone he believes is an investigator; shop owners and employees are
potential targets, too. The few gun storeowners who are corrupt will be on
their best behavior. Suspects and evidence may disappear, with weeks or months
of investigative work being lost.
Having already interfered in ongoing investigations, the mayor belatedly
turned its information over to the ATF New York Field Division. ATF has said
it will investigate both the dealers involved and the mayor's private eyes
to determine whether anyone broke the law. If dealers are violating the law,
they should be put out of business or prosecuted, and ATF is the appropriate
agency to do it. And the same goes for the private eyes.
ATF enforces our nation's firearms laws, regulates federally licensed firearms
dealers, conducts inspections and, if it suspects wrongdoing, investigates
and arrests anyone, including dealers, who breaks the law. ATF has a long
history of working closely with NYPD to trace firearms recovered by the police
to investigate and arrest illegal firearms traffickers.
The number of defendants referred by ATF for prosecutions is up 170% since
2000, with a 14% increase in the number of convictions for illegal firearms
trafficking in just the past year. ATF is not "asleep at the switch," and
the people of New York need to know it.
The city's lawyers selected the dealers to go after as part of the mayor's
lawsuit by using law enforcement gun trace data acquired before Congress put
such records off limits to all but law enforcement. These restrictions must
remain in place to prevent ATF's national firearms trace database from being
misused in the public domain. The ill-considered use of trace data - like
conducting private investigations - can be dangerous. If this data is available
to the public, firearms traffickers will get their hands on it too. Realizing
a risk to law enforcement, Congress in 2003 restricted access to the data
to law enforcement, saying it "holds the potential of endangering law
enforcement officers and witnesses, jeopardizing on-going criminal investigations
...."
New York Police Commissioner Ray Kelly expressed similar concerns telling
the United States Attorney General in a 2002 letter that the release of trace
information to the public would "seriously jeopardizes not only the investigations,
but also the lives of law enforcement officers, informants, witnesses, and
others." Ironically, although Mr. Bloomberg complained to Congress about
restrictions on the public dissemination of trace data, his misuse of that
data, and the subsequent disruptive and potentially dangerous effect of his
undercover operation on ongoing federal investigations may have proven the
wisdom of Congress' judgment.
Criminal firearms violence is a problem that ATF attacks vigorously, with
assistance and cooperation from local law enforcement and the firearms industry.
ATF is equipped to handle it. The city should let it.