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What does, a dog, no knock, WAC, and ATF, have in common?

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
i have no cites, very little info, and this isnt even first hand!

a friend of my friend is a WAC member,
early this morning ATF broke down his door,
shot his dog,
almost shot him,
took all his guns,
didnt arrest him.

reason given, that he sells gun "to make a profit"!

http://seattletimes.nwsource.com/html/localnews/2013474923_gundealer20m.html

A 68-year-old Olympia gun dealer, who is believed to have sold the rifle that was used to kill Seattle police Officer Timothy Brenton last year, was arrested Friday for selling firearms to people prohibited from owning them, according to the U.S. Attorney's Office.
Federal prosecutors said David Devenny knew that both purchasers — a felon and a person with a domestic-violence conviction — were prohibited from owning weapons when he made the sales. Both purchasers were working with law enforcement officials at the time of the sales in February and November, the U.S. Attorney's Office said.
At the time of the Devenny's arrest, federal agents recovered 42 guns and $32,000 in cash.
Devenny will make his initial appearance Friday afternoon in U.S. District Court in Tacoma. Prosecutors will ask that he remain in custody pending a detention hearing next week, according to the U.S. Attorney's Office.
According to the criminal complaint, Seattle police and the Bureau of Alcohol, Tobacco, Firearms & Explosives notified Devenny that a rifle previously owned by him was used to kill Brenton and wound his partner, Officer Britt Sweeney, on Oct. 31, 2009. Devenny allegedly sold the customized Kel-Tec .223-caliber semi-automatic rifle at a gun show in Puyallup one week before Brenton was killed in his patrol car.
Christopher Monfort was arrested in Tukwila six days after the shooting and charged with Brenton's slaying. King County Prosecuting Attorney Dan Satterberg plans to seek the death penalty against him.
Monfort was not named in Devenny's criminal complaint. Monfort was not prohibited from buying or owning firearms.
"This is about public safety. Illegal gun sales are a threat to our police and our communities," U.S. Attorney Jenny Durkan said in a news release. "We will continue to prosecute felons who possess guns illegally. And we will prosecute the people who put those guns in their hands."
According to the criminal complaint, Devenny came to the attention of law enforcement while officers reviewed gun sales activity at gun shows throughout Western Washington.

As Paul Harvey said so well, Now For The Rest of the Story!
 

antispam540

Regular Member
Joined
Apr 17, 2008
Messages
546
Location
Poulsbo, Washington, USA
I'm a hacker, and I build robots. Also, even though "mantraps" are illegal, it's not a mantrap if there's a human there to push the button.

I don't have the option where I live now, but when I have a place of my own, anyone entering my home unannounced can expect four rifles to open fire with PiR-guided accuracy. I won't even have to leave my bed.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
The U.S. Constitution is designed to be interpreted. If the Supreme Court feels that no knock warrants are still within the realms of the Constitution and the 4th Amendment, then I see absolutely nothing wrong with that, as long as sufficient evidence is presented to suggest it's the only reasonable option.

The power should be given to the State's, and organizations like the DEA should be abolished, leaving full Federal Authority to the FBI.

Wrong it was not designed to be interpreted. You interpret whether new scenarios laws etc hold up to the constitution you don't interpret the constitution.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
No, I expect them to wait until he comes out, and arrest him then.

The only reason we have no knock warrants is because drugs can be easily flushed down the toilet. There's not much other evidence that can be so easily destroyed. When it comes to the War on Drugs, the Fourth Amendment doesn't really apply.

Bingo!!!!!!
 

devildoc5

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Jun 9, 2010
Messages
791
Location
Somewhere over run with mud(s)
As Paul Harvey said so well, Now For The Rest of the Story!

So now here is my question, after reading this it appears that this man had KNOWLEDGE that these two were unable to legally own firearms. How exactly are they even gonna try and prove that? Do they have the suspect on tape at the gun show saying "I can't own one of these cause I kill cops for a living, but can I buy that Keltec you have there?"

Seriously, where is the PROOF???? This is still the US last time I checked and it is SUPPOSED to be innocent until proven guilty. how are they even going to BEGIN to PROVE (beyond the shadow of a doubt) that he KNEW at the time of sale that the person was unable to legally own a firearm?

Maybe one of the lawyers we have on here could expand on this. I honestly have NO CLUE how they would even begin to try and prove something like this...
 

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
Yes. I agree. This is the best way to put it. For those COMPLETELY against no knock warrants, I ask you - Do you expect police officers to endanger their lives by announcing their presence at the door of a crazed lunatic who will not hesitate to send rounds through their doors and walls?


I addressed that concern in my previous post (#21)
 

massivedesign

Regular Member
Joined
Oct 21, 2009
Messages
865
Location
Olympia, Washington, USA
In regards to Dave Devenny.. I know him personally. I have bought and sold guns with Dave. I have sat at Dave's WAC show table to help him out. Dave had a memorial jar for the SPD officer at his tables.

Until we get the entire story, it's all conjecture. I honestly hope that Dave didn't KNOWINGLY sell firearms to people who shouldn't have firearms. If he did, then he's up **** creek.

Cease fire is already having a hey day on this, based upon the king5 news clip I saw at 5.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Then arrest him at a WAC show and not by raiding his home and killing his dog.
Still were's the proof all we are hearing from the fuzz is conjecture. Prove it.
 

BigDave

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Nov 22, 2006
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Yakima, Washington, USA
This is a pretty damming statement!

When undercover agents asked him about selling to people with criminal backgrounds, Devenny said, "I really don't care. Don't ask, don't tell. If I don't know, then there's nothing wrong with it."
full story

If this is proven to be correct then I cannot see how anyone could support him and his actions.
 

devildoc5

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Messages
791
Location
Somewhere over run with mud(s)
This is a pretty damming statement!



If this is proven to be correct then I cannot see how anyone could support him and his actions.

Not necessarily Dave. He stated something that MANY others have stated previously (and we dont know how the question was worded either btw). He simply said if he didn't know it was ok.

That is actually what it states in the law "anyone who sells a firearm to someone they know wold be prohibited from owning firearms" Or something to that affect, can't find it right now, but it does state KNOWS. Doesn't state any where in there that you have to go and play Magnum PI to try and see if the guy is authorized or not....
 

BigDave

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3,456
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Yakima, Washington, USA
Not necessarily Dave. He stated something that MANY others have stated previously (and we dont know how the question was worded either btw). He simply said if he didn't know it was ok.

That is actually what it states in the law "anyone who sells a firearm to someone they know wold be prohibited from owning firearms" Or something to that affect, can't find it right now, but it does state KNOWS. Doesn't state any where in there that you have to go and play Magnum PI to try and see if the guy is authorized or not....

All we have to go by at this point is what we get from the news tonight.

From what I gather the selling of the gun to Monfort who later killed Officer Brenton is not the story at hand, just additional damming information in the public's view and I do not believe charges are stemming from that according to the story.
Federal agents from the Bureau of Alcohol Tobacco and Firearms say Devenny was arrested for illegally selling guns to a felon and someone with a restraining order against them.
I am sure there is supporting video and/or audio to support these claims by the ATF.



http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Unlicensed Persons Questions

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
My thoughts, intuition and unforseen consequences...

Here is what I see the Obama BATF doing in this case...
They will use this to exploit the 'gun show loophole' or the private sales of firearms....
be prepared.


All we have to go by at this point is what we get from the news tonight.

From what I gather the selling of the gun to Monfort who later killed Officer Brenton is not the story at hand, just additional damming information in the public's view and I do not believe charges are stemming from that according to the story.
Federal agents from the Bureau of Alcohol Tobacco and Firearms say Devenny was arrested for illegally selling guns to a felon and someone with a restraining order against them.
I am sure there is supporting video and/or audio to support these claims by the ATF.



http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Unlicensed Persons Questions

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
 

devildoc5

Regular Member
Joined
Jun 9, 2010
Messages
791
Location
Somewhere over run with mud(s)
Here is what I see the Obama BATF doing in this case...
They will use this to exploit the 'gun show loophole' or the private sales of firearms....
be prepared.

See? We don't ALWAYS disagree...I was thinking the EXACT same thing...the first step in their march towards dearmification of the nation....

First step in any com...never mind...
 

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
(1) There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.


(1) Does our state require anything be recorded on paper?
 

TechnoWeenie

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Jul 17, 2007
Messages
2,084
Location
, ,
I'm a hacker, and I build robots. Also, even though "mantraps" are illegal, it's not a mantrap if there's a human there to push the button.

I don't have the option where I live now, but when I have a place of my own, anyone entering my home unannounced can expect four rifles to open fire with PiR-guided accuracy. I won't even have to leave my bed.

I actually sent a letter to the BATFE requesting clarification on flamethrowers. I asked when a device 'becomes' a flamethrower (AKA 'destructive device'), since there are similar items on sale @ hardware stores that use propane.

I wanted to run propane lines to the porch, and arrange them in a manner as to cover the porch in flames at the flick of a switch. You know, to melt ice off of it.. :D

I never got a response.... hehe....
 
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