Undetectable Firearms Act of 1988
Here are just a few snips about the law.
Source
UnOfficial Edited Summary
4/27/1988--Introduced.
Undetectable Firearms Act of 1988 - Amends the Federal criminal code to make it unlawful to manufacture, assemble, import, sell, ship, or deliver (or knowingly possess, transfer, or receive) any firearm which is not:
(1) as detectable as the Minimum Security Standard Exemplar (after the removal of grips, stocks, and magazines) by walk-through metal detectors calibrated to detect the Exemplar; or
(2) detectable by airport cabinet x-ray systems.
Defines the term "Minimum Security Standard Exemplar" to mean a firearm substitute used for testing that resembles a revolver, is made of stainless steel, and weighs 3.7 ounces.
Prohibits the Secretary of the Treasury from authorizing the importation of undetectable firearms.
Makes it unlawful to knowingly possess, or attempt to possess, a firearm or dangerous weapon in a Federal courthouse.
Makes it a Federal criminal offense to possess explosives in FAA regulated airports.
Source
Undetectable Firearms Act:
Representative Bill Hughes of New Jersey introduced The Undetectable Firearms Act on April 21, 1988 with 17 co-sponsors. You may remember Bill from the infamous amendment 777 of the Firearm Owners Protection Act of 1986. The purpose of this legislation was to ban the manufacturing or possession of firearms capable of passing through a metal detector without detection.
The law was amended by the House Judiciary Committee and finally approved by the House on April 10, 1988 with a vote of 413 – 4.
The Senate received the bill and integrated it with S2180. After this, both the House and Senate further amended the bill. Both the House and Senate approved the final version on October 21, 1988. President Ronald Reagan signed it on November 10, 1988, making it Public Law 100-649.
The general affect of this legislation was to ban the manufacturing or possession of a firearm that has less of an x-ray or metal detector signature than a plastic test gun containing 3.7 oz of 17-4 stainless steel.
The legislation did allow exceptions for the use of such weapons by government entities such as the military and CIA. It also allowed the manufacturing or possession of such a weapon for the intent of having the government test it to see if it meets the above criteria.
The act had a sunset clause, rendering it void ten years after inception (November 10, 1998). The bill was allowed to sunset, and nothing was done about it for five years.
In 2003, a bill was passed to re-authorize the ban for another 10 years. This was HR3348 and was signed into law on December 9, 2003, becoming Public Law 108-174. This will sunset on December 9, 2013 unless renewed. Hopefully, they let it die.
The really funny thing about this legislation, is that the guns in question do not exist, and never have (outside of the movies).
Big bucks spent to bust harmless marijuana growers
Wow the government sure spends huge amounts of money to bust harmless marijuana growers.
- Two spotters with night-vision scopes take positions on the ridge
- Thermal imaging aircraft circling high above was not detecting anyone on the ground
- trail cameras hadn't captured images of men delivering supplies
- A U.S. Forest Service agent unleashes a German shepherd
- Based on our intelligence, which includes thousands of cellphone numbers and wiretaps
- A helicopter comes with a net to lift the marijuana out.
- It takes two more [helicopter] flights to get the trash out.
- two aircraft, 43 agents, seven scientists and land managers take part in the operation
- This raid of a marijuana farm cost the taxpayers $35,000 to $40,000.
This is why I like to call the "War on Drugs" a jobs program for cops.
The war on drugs is big money for the cops, judges, prosecutors, and prison guards that fight it.
There is also big bucks for the "War on Drugs" for all the companies
in the military industrial complex that supply the military tools to
fight the "War on Drugs".
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Roots of pot cultivation in national forests are hard to trace
By Joe Mozingo, Los Angeles Times
December 26, 2012, 12:23 a.m.
WELDON, Calif. — A few minutes after 4 a.m., agents in camouflage cluster in a dusty field in Kern County. "Movement needs to be slow, deliberate and quiet," the team leader whispers. "Lock and load now."
They check their ammunition and assault rifles, not exactly sure whom they might meet in the dark: heavily armed Mexican drug traffickers, or just poorly paid fieldworkers camping miserably in the brush.
Twenty minutes later, after a lights-off drive for a mile, the agents climb out of two pickup trucks and sift into the high desert brush.
The granite faces of the Southern Sierra are washed in the light of a full moon. Two spotters with night-vision scopes take positions on the ridge to monitor the marijuana grow, tucked deep in a cleft of the canyon.
The rest of the agents hunker down in some sumac waiting for the call to move in. The action has to be precisely timed with raids in Bakersfield, where they hope to capture the leaders of the organization.
They have no idea how many people are up here. Thermal imaging aircraft circling high above was not detecting anyone on the ground. And trail cameras hadn't captured images of men delivering supplies for more than a week. Maybe the growers have already harvested and cleared out.
Word comes on the radio to go into the site.
The agents fan out in the gray of dawn. A U.S. Forest Service agent unleashes a German shepherd and follows it up a piney slope. After several minutes, the dog begins barking furiously.
"We have movement," shouts the Forest Service officer. "Hands up."
::
Such raids have become commonplace in California, part of a costly, frustrating campaign to eradicate ever-bigger, more destructive marijuana farms and dismantle the shadowy groups that are creating them.
Pot cultivated on public lands surged in the last decade, a side effect of the medical cannabis boom. In 2001, several hundred thousand plants were seized in the state. By 2010, authorities pulled up a record 7.4 million plants, mostly on public land.
Law enforcement long called these grows on public land "cartel grows," and hoped to work from the busts in the forest up the drug hierarchy, maybe all the way to the Sinaloa Cartel or the Zetas.
But after years of raids and work with informants and wiretaps, agents realize the operations seemed to be run by independent groups of Mexican nationals, often using undocumented fieldworkers from their home regions.
Tommy Lanier, director of the National Marijuana Initiative, part of the Office of National Drug Control Policy, said there was scant evidence that the cartels exerted much control over marijuana growing in the national forests.
"Based on our intelligence, which includes thousands of cellphone numbers and wiretaps, we haven't been able to connect anyone to a major cartel," he said.
Lanier said authorities have long mislabeled marijuana grown on public land as "cartel grows" because Mexican nationals are arrested in the majority of cases, and the narrative of fighting drug cartels helps them secure federal funding.
He doesn't rule out that some of the cash flowing south of the border makes its way to members of those groups. He just doesn't believe they are actively directing activities up here.
"We've had undercover agents at the highest level of these groups, breaking bread and drinking tequila," says Roy Giorgi, commander of the Mountain and Valley Marijuana Investigation Team, a multi-agency organization headquartered in Sacramento. "Even at their most comfortable, the leaders never said, 'Hey, we're working for the Zetas.' "
In Giorgi's jurisdiction, the majority of the people arrested or investigated are originally from the state of Michoacan, where marijuana growing and immigration to the U.S. are entrenched.
In their hometowns, growers have to sell their marijuana to cartels for a fraction of what they could make in California. When they come north, they see opportunity in the state's vast wilderness. They have the know-how and perseverance to set up clandestine farms and live for months at a time in extremely rugged spots. Loncheros — lunchmen — often make weekly supply runs in the middle of the night, bringing food, beer and fertilizer. The workers wear camouflage, often sleep in the brush-covered tents, cook on propane stoves in crude kitchens and supplement their food by poaching deer and other wildlife.
Giorgi says these organizations can still be well-financed, heavily armed and dangerous.
Mendocino County Sheriff Tom Allman realized at a community meeting in 2010 how bad the situation was in the Mendocino National Forest when five of the eight people who went to the microphone said basically: "I was out in the national forest … herding cows or sheep or hiking or fishing. And someone shot at me. So I'm not going into the national forest."
The following summer, Allman helped lead a task force on a three-week purge of pot from the area. They pulled out 632,000 plants, 42 miles of irrigation line and 52 tons of garbage. Agents arrested 132 people and confiscated 38 guns.
Is the forest safe today? "I'll put it this way," Allman said. "I'd go camping in the National Forest, but I wouldn't let my sister go."
Would he camp unarmed? "No."
A Mexican-born grower working just outside Mendocino National Forest said the cartels may not run the grows, but the criminal ties to Mexico are vastly complex and dangerous. He hears stories all the time of drug gang shakedowns, and workers held captive in the forest, with threats to their families back home.
"There was a guy working right here," he said, pointing over the hill from his grow, "he thought he was working in Texas."
The grower operates in the quasi-legal medical marijuana world and has contacts on the public land grows. He asked to remain anonymous because he feared for his safety.
He said he thinks law enforcement has little grasp of what's going on because no one arrested will put their family at risk to speak with them, even for a lighter sentence.
Lanier said agents are making progress. This season, they have seized about 3 million plants, less than half the number of last year. But with such a shadowy enemy, success is hard to gauge.
It's not clear if the numbers mean fewer plants are being grown on public land, or just fewer are being found. Since the state Campaign Against Marijuana Planting was disbanded last year, agents spend less time on aerial surveillance. And local sheriffs in pot-growing counties like Mendocino and Humboldt have far less resources devoted to seeking out and eradicating plants than they had in the past.
"It's hard to know if there's less being grown if you're not looking," said Humboldt County Sheriff Lt. Steve Knight.
::
The investigation into the Kern County grow, just south of the Sequoia National Forest, began when a game warden spotted spilled fertilizer at a road turnout that had been a drop-off spot for marijuana growers four years before.
The warden set up surveillance and saw a Jeep Cherokee dropping off supplies several times. Two wardens pulled over the driver, Francisco Barrazarivas, for speeding one night in July. While one officer conducted a field sobriety test, the other placed a GPS device on his car, according to an affidavit filed with the search warrant.
Barrazarivas drove to a house in Bakersfield and was seen transferring two dark bags to a sedan, which was unloaded five houses up the block.
That second house was associated with a man named Ignacio Gomez, an illegal immigrant from Michoacan suspected to be the leader of a group that grows marijuana on public lands in Kern and Tulare counties, according to a Forest Service report included in the affidavit.
The raids come in the early morning Aug. 3.
In all, two aircraft, 43 agents, seven scientists and land managers, and eight volunteers would take part in the joint operation — at a cost of $35,000 to $40,000.
Two young men in camouflage are pulled out of a brush-covered tent. A Glock pistol is found in one of their sleeping bags, but neither man tried to grab it. They are the fieldworkers.
Game wardens trudge down the canyon with their guns drawn. They pass another tent and kitchen area overflowing with trash. Strung up on sticks is some type of salted game meats.
About 50 yards down in the canyon, they find 450 brilliant green marijuana plants all but glowing amid the dry summer brush. Many more stalks have already been harvested.
The scene is an ecological mess. Cottonwood trees and willows have been cut down to let in sunlight. Bags of fertilizer and trays of rat poison are strewn about. A dead hawk lies on one footpath. A coyote carcass is rotting up the hill.
A volunteer clean-up crew starts pulling up the hoses and rubbish. A helicopter comes with a net to lift the marijuana out. It takes two more flights to get the trash out.
Word comes on the radio that no one at the Bakersfield houses was arrested in relation to the grows. Gomez and Barrazarivas were gone.
The two men arrested in the woods are Cruz Soria, 27, of Bakersfield, and Mairo Correa-Garcia, an 18-year-old illegal immigrant from Michoacan.
Correa-Garcia's lawyer, Dale Blickenstaff, said later that the young man told him he had been in the United States for a year and was working in Washington state, then came to Bakersfield when he heard there were better opportunities.
He was recruited to work for $100 a day — great pay for farm labor — and had been up on the grow site for a month.
Soria is now awaiting trial. Correa-Garcia pleaded guilty and was sentenced to five years in federal prison.
Neither one told investigators whom they were working for. They said they didn't know.
joe.mozingo@latimes.com
Tom Horne proposes arming 1 educator per school
As usual the government is the cause of the problem, not the solution to the problem.
Currently the government has created the problem by passing laws that only allow cops or police officers to carry guns at schools.
The real solution is to repeal that law and let school employees carry guns if they want to.
Source
Horne proposes arming 1 educator per school
By Alia Beard Rau The Republic | azcentral.com
Wed Dec 26, 2012 12:52 PM
Arizona’s attorney general wants to arm school principals.
Tom Horne says he has found the “golden mean” between allowing all teachers to carry firearms and exposing children to tragedies like the school shooting in Connecticut. He is proposing that only the principal or one other staff member at each school be trained and then allowed to carry a firearm at school.
“Some have proposed teachers bringing guns to school, but I think that would create more danger than it would solve,” Horne said. “But if we did nothing, we might regret it if another incident occurs that might have been prevented.”
Such a proposal would require a change in state law, which currently only allows police officers to carry weapons in K-12 schools. Horne said Rep. David Gowan, R-Sierra Vista, will propose a bill next session. Gowan could not immediately be reached for comment.
Horne said he has not spoken to Gov. Jan Brewer about whether she would support such a measure should it pass the Legislature. Brewer typically doesn’t comment on specific legislation before it crosses her desk, but she has vetoed bills allowing guns in public buildings and on college campuses in recent years.
Horne, who formerly served as the state’s superintendent of public instruction, said the ideal solution to gun violence in schools would be to have an armed, school resource officer in every school. But he said budget constraints make that a challenge. School resource officers are trained law enforcement officers. The state in recent years cut funding for the SRO program.
Pinal County Sheriff Paul Babeu, Mohave County Sheriff Tom Sheahan and Apache County Sheriff Joe Dedman do support the proposal.
Horne said schools would not be required to arm a staff member, but that the program would give them the option. If they choose to do so, the designated principal or staff member would get free firearms training from former law enforcement officers in Horne’s office or participating sheriff’s offices.
“They would not just get marksmanship training, but also be taught good judgment, when to shoot, when not to shoot,” Horne said. “We would teach them the use of force laws, defensive tactics and properly securing the firearm.”
Horne said he came up with the idea over the holidays. He said he doesn’t know of any other state with a similar program.
“As far as I know, it’ s a new idea,” he said. “It’s an original Tom Horne idea.”
The Arizona Legislature in recent years has gained a reputation for loosening state gun restrictions, including passing a law to allow Arizonans to carry concealed weapons without a permit.
House Minority Leader Chad Campbell, D-Phoenix, said he fears Gowan’s bill could be successful.
“This is the craziest idea, and we knew something like it was coming,” Campbell, who is a gun owner, said. “But this is an extremist reaction that’s going to do nothing to help the safety of our schools at the end of the day. This is the knee-jerk reaction we need to avoid.”
Campbell said he plans to try another tactic and will propose in early January a package of bills to deal with gun reform, fully funding the school resource officer program and addressing mental health issues.
“Tom Horne talks about the fact that we can’t fund school resource officers, but we can fund a lot of things in this state if we put the money in the right place, as opposed to funding private prisons at a $50 million price tag or a lot of other things,” he said. “There’s a lot of money in this state going to the wrong priorities.”
Campbell said he has been hearing from teachers, parents and law enforcement officers who support the Legislature funding school resource officers.
“The SRO program typically has been supported by both parties,” he said. “I’m hoping partisanship doesn’t get in the way of this issue. I don’t think there’s anything more important than this.”
175 people sent to federal prisons for breaking imaginary laws???
If you are naive enough to think you will get a fair trial if you are mistakenly
arrested for something you didn't do you better read this articles.
In this article 175 people have been convicted of imaginary crimes and sent to prison for those imaginary crimes.
The article also make you wonder how competent the private attorneys people paid to
represent them are.
Same question for the public defenders that probably represented many of these people for free.
Source
Hundreds of federal prisoners could be freed
By Brad Heath USA Today Wed Dec 26, 2012 10:40 AM
WASHINGTON -- An internal U.S. Justice Department review has identified at least 175 federal prisoners who must be either released or resentenced because they have been kept locked up improperly.
The review, which followed a USA TODAY investigation, found that some of those prisoners should never have been sent to prison because they had not committed a federal crime; others received sentences vastly longer than the law allows.
All of the problems stem from a misunderstanding about which North Carolina state convictions were serious enough to outlaw gun possession or require extended prison sentences under federal law.
The number of prisoners who will ultimately be freed or given shorter sentences is likely to be significantly higher than 175 because the examination by federal prosecutors was confined to the smallest of North Carolina’s three federal court districts. Justice Department spokesman Wyn Hornbuckle said “many more” cases could be upended by the time prosecutors and federal courts resolve them all.
USA TODAY’s investigation in June identified 60 people who were imprisoned even though an appeals court said that what they had done was not a federal crime. Still, USA TODAY found that Justice Department lawyers did almost nothing to notify the prisoners -- many of whom did not know they were innocent -- and asked federal judges to keep them locked up anyway. The Justice Department reversed that position in August.
Since then, federal judges have ordered the government to free at least 32 prisoners, and have taken 12 more off post-prison supervision, court records show. Some had served up to eight years in prison before they were freed.
“That’s a huge number,” said University of San Francisco law professor Richard Leo. He said it is uncommon for any federal convictions to be overturned, let alone for so many to happen in a single episode.
The Justice Department’s examination, completed in September but never made public, is the first estimate of just how big that number could be. Ripley Rand, the U.S. Attorney in Greensboro, N.C., where prosecutors conducted the review, said as many as a third of the gun cases his office prosecuted in recent years could be thrown out. So many prisoners have filed legal cases challenging their convictions that he has assigned three prosecutors to them full time.
Prosecutors in the state’s other two districts did not conduct a similar case-by-case review, and don’t yet know how many of their own cases are in jeopardy. Instead, officials said they are working with defense lawyers to identify cases that should be overturned.
Among those prisoners is Travis Dixon, who was convicted in 2006 of illegally possessing a .44-caliber revolver. Court records show none of his prior state convictions was serious enough to make owning a firearm a federal crime. Justice Department lawyers agree; in September they asked a federal court to overturn his conviction and let Dixon go.
But Dixon is still in federal prison in South Carolina while he waits for a judge to act on the request. “I’m just not understanding why they’re taking this long,” he said in an e-mail.
Another prisoner, Marion Howard, was freed only after he wrote a letter to the judge asking her to “please rule on my case before the holidays” so he could get home to see his family. The judge freed him on Dec. 5.
Federal law bans people from having a gun if they have previously been convicted of a crime that could have put them in prison for more than a year. In North Carolina, however, state law set the maximum punishment for a crime based in part on the criminal record of whoever committed it, meaning some people who committed crimes such as possessing cocaine faced sentences of more than a year, while those with shorter records face only a few months.
For years, federal courts there said that didn’t matter. If someone with a long record could have gone to prison for more than a year, then all who had committed that crime are felons and cannot legally have a gun, the courts maintained. But last year, the 4th Circuit Court of Appeals said judges had been getting the law wrong, ruling that only people who could have faced more than a year in prison for their crimes qualify as felons.
The decision meant that low-level state convictions should not have been enough to outlaw gun possession or to justify extra-long prison sentences for people who went on to be convicted of federal crimes.
It will take at least a year to untangle all the cases like those, Rand said. His office’s 20 criminal lawyers have been swamped by so many prisoners challenging their sentences that they have been forced to delay some other criminal prosecutions. “It’s definitely been a huge burden,” he said.
Cops want $1,150 each because they have to wear new uniforms
Source
Phoenix police union to sue over uniforms
By Cecilia Chan The Republic | azcentral.com Thu Dec 27, 2012 12:49 AM
The union representing more than 2,500 Phoenix police officers
is going to court to get back the money spent on a long-used
patrol uniform the department banned earlier this year.
The Phoenix Law Enforcement Association has filed a notice of claim,
the first step toward a lawsuit, alleging the officers’ compensation
package was reduced because, over the years, they spent the
money on clothing that is now banned.
As of Oct. 1, all patrol officers must wear a more formal-looking
polyester-blend uniform with dark-blue button-down shirts and dress-style pants.
Officers favored the black, cotton-blend polo shirt and cargo pants,
saying they were comfortable.
But Police Chief Daniel V. Garcia banned them,
saying the less-formal-looking uniform offered a greater
opportunity for criminals to impersonate officers.
The city received the notice but has not had a chance to review it yet, city spokesman Jon Brodsky said Wednesday.
The annual uniform allowance is part of an officer’s wage-and-benefits package.
The allowance helps officers buy clothing and equipment for the job,
but they are not obligated to spend the money on uniforms.
This year, each officer received $1,150.
“People now have closets full of Class D uniforms that have lost their value,”
union President Joe Clure said. For that reason, the union is asking for compensation for those uniforms.
The claim is asking the city to pay an additional $1,150 to each of the 2,540 officers, which amounts to $2.9 million.
“When you sit down and negotiate wage and benefits for officers, you do it for all officers,” Clure explained.
The union also wants the banned uniform reinstated
and its future use subject to negotiations in the next contract talks.
Clure said the union is dropping its grievance complaint with the city,
which was filed by more than 100 officers in the fall,
arguing that Garcia violated a 1998 labor-agreement
negotiation that allowed officers to choose which uniform to wear.
The grievance was planned to go before an independent arbitrator
but is being dropped because the decision would not be binding, Clure said.
The union, however, still plans to move ahead with its charge of
unfair labor practices with the Phoenix Employment Relations Board, Clure said.
“We are hoping to get an order that they violated the contract and,
as part of the remedy, allow us to wear that (uniform) again,” Clure said.
Clure expects the complaint to go before a hearing officer in February.
The hearing officer would forward a report to the full board,
which would either accept, deny or modify the recommendation, he said.
The recommendation would then go to the city manager,
who can either decide to adhere to the board’s ruling or do something different, Clure said.
“It’s not binding but advisory,” he said. “Typically, from a political standpoint,
(the city manager) will do what the PERB board recommends.”
Clure said he anticipates filing a lawsuit and that
“my guess is there would be some sort of negotiated settlement at the end of the day.”
Judge: Stapley must explain deals in his lawsuit against Sheriff Joe
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Judge: Stapley must explain deals in his lawsuit
By Michael Kiefer The Republic | azcentral.com Thu Dec 27, 2012 1:11 AM
Maricopa County Supervisor Don Stapley will have to answer more questions about property deals and criminal charges than he wants to, according to the U.S. District Court judge presiding over his lawsuit against Sheriff Joe Arpaio and former County Attorney Andrew Thomas.
And current County Attorney Bill Montgomery will have to return to the federal Court of Appeals in an attempt to get himself dismissed from one of the remaining lawsuits that came out of Thomas’ and Arpaio’s investigations of judges and county officials from 2008 to 2010.
Seven of the cases have been settled for amounts ranging from $75,000 to $975,000. (Payment of the latter to Supervisor Mary Rose Wilcox is under dispute.)
Three remain involving retired Superior Court Judge Gary Donahoe, because of criminal charges and a racketeering lawsuit filed against him, ostensibly as retaliation for court rulings and to prevent him from holding a court hearing over Thomas’ objections; Stapley, who was indicted twice alleging campaign-fund and disclosure crimes; and businessman Conley Wolfswinkel, whose offices were raided in a failed search for evidence against Stapley.
Stapley’s attorney, Michael Manning, had sought to limit evidence against Stapley to what was known at the time the indictments were filed. The intent is to keep defendants Thomas and Arpaio and their former deputies, Lisa Aubuchon and David Henderschott, from using this trial to try to prove the allegations they could not prove because the indictments were dismissed.
U.S. District Judge Neil Wake granted Manning’s motion but cautioned that certain evidence pertaining to Stapley’s reputation will be allowed at trial.
Among Stapley’s claims are that he was forced to sell certain property to pay his legal bills and that the criminal indictments tarnished his reputation.
But when Stapley faced the defendants’ attorneys in deposition earlier this month, Manning advised him not to answer questions about the property in question, which figured into the criminal charges against him, or about an analysis of the criminal charges done by Gila County Attorney Daisy Flores.
The Maricopa County Attorney’s Office had asked Flores to re-evaluate the evidence against Stapley. Flores wrote that there was indeed probable cause to charge Stapley with multiple felonies but that the case had been so badly botched as to make it impossible to try.
Manning and his associates argued that Flores’ evaluation came well after the time when probable cause was initially found. Private attorneys retained by the county disagreed, saying that it went to the original finding of probable cause and had been highly publicized. They asked Wake to clarify his ruling.
Late Friday, Wake ruled that the property was central to the case and that Stapley would have to answer questions.
Wake also ruled that even if Stapley didn’t want to answer questions about Flores’ opinion during the deposition, he would not be able to deny their content at trial. And if Stapley wanted to deny the allegations, he would have to explain why.
Meanwhile, Montgomery has asked the 9th U.S. Circuit Court of Appeals to dismiss him from the Wolfswinkel lawsuit.
Montgomery argued that the lawsuit had nothing to do with him because the events occurred before he became county attorney. At first Wake agreed. But then, when Montgomery refused to turn over pertinent documents held by his office to Wolfswinkel, Wake ruled that he could still be sued in his official capacity.
The secret CIA police - Global Response Staff or GRS