On July 4, 2012, Don Turner sent the following letter to Senators Heller and Reid and Representatives Amodei, Berkley, and Heck. – Ed.
The Brady Handgun Violence Prevention Act of 1993, Public Law 103-159 (National Instant Criminal Background Check System) requires Federal Firearms Licensees to obtain information to ascertain if the transfer of a firearm to a potential buyer/owner would be in violation of Section 922 (g) or (n) of Title 18, United States Code, or local State Law.
As a result of this check on the lawful status of the receiver, the Federal Firearms Licensee is advised to proceed with the transaction, delay the transaction or deny the transaction. It is also a violation of United States Code to purchase or obtain a firearm for one who would be denied (straw purchase).
Reasons for denial include: Convicted of a crime punishable by more than one year or misdemeanor punishable by more than two years in jail; Under Indictment/Information; Fugitive from Justice; Unlawful User/Addicted to Controlled Substance; Adjudicated Mental Health; Illegal/Unlawful Alien; Dishonorable Discharge; Renounced U.S. Citizenship; Protection/Restraining Order Domestic Violence; Misdemeanor Crime of Domestic Violence Conviction; State Prohibitor; Federally Denied Persons.
In the case of “Operation Fast & Furious” it is our understanding that Federal Firearms Licensees, following the terms and conditions of U.S. Code were told by officials of the Bureau of Alcohol, Tobacco, Firearms and Explosives to sell/transfer firearms to persons who would be denied possession either directly or via straw purchase.
Consequently, a majority of these firearms ultimately made their way into use by the drug cartels and some were involved in murders of American Citizens.
U. S. Government Officials in position of authority made a deliberate decision to violate U.S. Code and ordered their subordinates to do the same. The person or persons who ordered and violated the law have been sheltered from Congressional Inquiry by the United States Department of Justice.
Our Country was founded as a democratic republic where the application of the law is to be fair and equal to all. Yet officials of this administration are not being held accountable for obvious violations of Federal and State Law. During the World War II War Crimes Trials, it was ruled that a defense of “following orders” was not acceptable. Those who gave the orders, as well as those who obeyed them, are culpable under the law.
If a Nevada Federal Firearms Licensee had violated any provision of this law, the full weight of the Department of Justice would have fallen heavily on their shoulders and businesses. The deliberate violation of the law by those sworn to uphold the law is unacceptable.
We the members of the Nevada Firearms Coalition, who represent the thousands of gun owners of Nevada, are respectfully requesting that you as our elected representative in Washington D.C. do whatever is in your power to identify and bring those who violated the law to justice, and ensure that they are held accountable for their actions.
It is time to quit protecting those who violated their oath of office and expose them to the sunshine of accountability.
Thank you for your support and service,
Don Turner, President
Nevada Firearms Coalition