Thursday, December 27, 2018

Another Bump Stock Suit

My friend Dave Hardy has an overview of the suit and why it was filed where it was.  What is the most interesting part to me is:
17. The ANPRM states that:
On October 1, 2017, 58 people were killed and several hundred
were wounded in Las Vegas, Nevada, by a shooter firing one or
more AR-type rifles affixed with a particular bump stock device.
In 2010, the manufacturer of this particular device had supplied
ATF with a sample of the bump stock, and ATF had examined
and classified it as an unregulated firearm part, not subject to
either the [Gun Control Act] or NFA.
Id.
18. This statement, as part of the December 26, 2017 ANPRM states as
fact something that the ATF still does not know for certain.
19. Two Freedom of Information Act (“FOIA”) requests were made
regarding bump stock type devices. One was directed to the ATF and the
other was directed to the Federal Bureau of Investigation (“FBI”). The FOIAs
requested the other was directed to the Federal Bureau of Investigation (“FBI”). The FOIAs requested the following:
  • Any and all records documenting the use of a bump-fire type stock being used by anyone on or about Oct 1, 2017 at the Mandalay Bay shooting incident in Las Vegas, Nevada;  and
  • • Any and all records documenting the use of a bump-fire type stock
  • used during the commission of any crime to date.
20. The FBI denied the FOIA request on the grounds that the documents
were compiled for a law enforcement investigation and denied the appeal of
that denial for documents related to Mandalay Bay. The FBI responded to the
second part of that request because it claimed it could not search for those
documents “in [their] indices.” See Len Savage v. Federal Bureau of
Investigation, Civil Action No. 1:18-cv-01920 (TNM) [Docket No. 1-2]. The
FBI, after it was sued to comply with the FOIA law, is now processing search
terms responsive to Mr. Savage’s FOIA request but has not yet provided any
documentation.
21. The ATF provided a number of documents, but no documents were
provided that specifically stated that bump stocks were utilized in the
Mandalay Bay incident on October 1, 2017.
22. In fact, after the ANPRM was issued, the ATF released a PowerPoint
slide as part of the FOIA request which specifically stated that “… on-scene
ATF personnel were not allowed to physically examine the interior of the
weapons for machinegun fire-control components or known machinegun
conversion devices such as Drop-In Auto Sears, Lightning Links, etc.” See
Exhibit “1.”
ATF not allowed to examine guns used in a major crime?  FBI has no easy way to find those documents?  If you don't want crazy conspiracy theories, don't give obviously false or absurd responses.
 
 
7
 
Any and all records documenting the use of a bump-fire type stock being used by anyone on or about Oct 1, 2017 at the Mandalay Bayshooting incident in Las Vegas, Nevada; and
 
Any and all records documenting the use of a bump-fire type stockused during the commission of any crime to date.20.
 
The FBI denied the FOIA request on the grounds that the documentswere compiled for a law enforcement investigation and denied the appeal ofthat denial for documents related to Mandalay Bay. The FBI responded to thesecond part of that request because it claimed it could not search for those
documents “in [their] indices.”

3 comments:

StormCchaser said...

That is bizarre. But, I'd say it's more likely that FBI didn't let ATF in due to bureaucratic turf guarding than anything more sinister.

Still...

StormCchaser said...

argh. I forgot to check the "Email follow-up comments" box. Fixing that now.

Eskyman said...

There is nothing usual about the Las Vegas shooting, and all records & evidence are locked away from any inquiry. Don't expect to ever hear the truth about what happened there, but I'll bet it's nothing like any of the stories on the FakeNews media.

Move on, nothing to see here; revealing the facts might show some Gov't agencies in a bad light, so we'll never know what actually took place.