Dennis Deconcini, 1982
 
...In these and similar areas, the
Bureau has violated not only the dictates of common sense, but of 5
U.S.C. Sec 552, which was intended to prevent "secret lawmaking" by
administrative bodies.
   These practices, amply documented in hearings before this Sub-
committee, leave little doubt that the Bureau has disregarded
rights guaranteed by the constitution and laws of the United
States.
   It has trampled upon the second amendment by chilling exercise
of the right to keep and bear arms by law-abiding citizens.
   It has offended the fourth amendment by unreasonably search-
ing and seizing private property.
   It has ignored the Fifth Amendment by taking private property
without just compensation and by entrapping honest citizens with-
out regard for their right to due process of law.
   The rebuttal presented to the Subcommittee by the Bureau was
utterly unconvincing. Richard Davis, speaking on behalf of the
Treasury Department, asserted vaguely that the Bureau's priorities
were aimed at prosecuting willful violators, particularly felons ille-
gally in possession, and at confiscating only guns actually likely to
be used in crime. He also asserted that the Bureau has recently
made great strides toward achieving these priorities. No documen-
tation was offered for either of these assertions. In hearings before
BATF's Appropriations Subcommittee, however, expert evidence
was submitted establishing that approximately 75 percent of BATF
gun prosecutions were aimed at ordinary citizens who had neither
criminal intent nor knowledge, but were enticed by agents into
unknowning technical violations.
 
( Exerpt from: 97th Congress; 2d Session   COMMITTEE PRINT
     T H E   R I G H T   T O   K E E P   A N D   B E A R   A R M S
                                REPORT
                                of the
                   SUBCOMMITTEE ON THE CONSTITUTION
                                of the
                      COMMITTEE ON THE JUDICIARY
                         UNITED STATES SENATE
                        NINETY-SEVENTH CONGRESS
                            SECOND SESSION
                             FEBRUARY, 1982
        Printed for the use of the Committee on the Judiciary
                    U.S. GOVERNMENT PRINTING OFFICE
88-618 O
                        WASHINGTON : 1982
 
 
Letter to Constituent: April 1993
 
 
Thank you for contacting me regarding the Bureau of Alcohol, Tobacco,
and Firearms (ATF), which is the Federal law enforcement agency with
jurisdiction over firearms violations and regulations.
 
It has been my experience as chairman of the Appropriations
Subcommittee on Treasury, Postal Service and General Government which
funds ATF, that ATF is one of the most competent and highly
professional law enforcement agencies in the Federal government.
The agents of ATF have proven their value again and again in
successful, legal operations to curb the unlawful possession and use
of firearms, especially in the area of  drug-related crimes.  It
enforces the Armed Career Criminal Act which calls for mandatory
minimum sentences for repeat felons using firearms to carry out  an
illegal activity.  The Bureau has made itself a key component in
preventing gang related violence, also, both by educating at-risk
youth to the dangers of gang membership as well a s by depriving known
gangs from access to weapons.
 
The Waco, Texas case involved the execution of search warrants by ATF
on the Branch Davidians for illegal firearms and explosives possession
(automatics, semi-automatics, and machine-guns, in addition to bombs
and other explosives.)  In virtually every gun case, ATF is asked to
trace weapons through its' National Firearms Tracing Center, where
they keep all dealer and Federal firearms license information.  ATF
is the Federal governments' firearms expert and routinely works with
state and local police to execute warrants.  ATF, working with state
and local law enforcement in Texas and the U.S. Attorneys' office
felt it was necessary to execute these warrants in order to legally
establish that a crime had been committed and conclude a long and
thorough investigation of illegal gun and explosives held by members
of the Branch Davidians.  In addition, ATF carefully selected a
Sunday morning, knowing from their source, inside, that the men would
be separated from the women and children and not in the area where
it was known that the illegal weapons were stored.
 
As you may be aware by now, Vernon Howell a.k.a. David Koresh
spiritual leader of the Branch Davidians was tipped of the impending
execution of the search warrants.  Unfortunately, ATF lost the
element of surprise and the cult was able to arm themselves  and
prepare for ATFs' entry into the compound.  Once a hostage situation
presented itself, the ATF asked the FBI to become involved since the
FBI is skilled in hostage negotiations.  In addition, and military
tanks were brought in due to the serious nature of the situation and
firepower of the Branch Davidians.
 
Based on what I have learned about ATF's role in the Branch Davidian
raid, I believe the agency acted responsibly.  I am, however, deeply
saddened by the loss of lives of the 4 law enforcement agents who
attempted to enter the compound and the civilian members of the
cult.  I fully expect the Department of  Treasury to conduct a
thorough evaluation with representatives from law enforcement outside
the Department to be headed by the Assistant Secretary for
Enforcement.  In addition, ATF will conduct its' own review of the
Waco operation.  I look forward to reviewing the findings of the
evaluators and hope this situation in Waco will be brought to a quick
and peaceful conclusion.
 
Sincerely,
 
Dennis DeConcini
Chairman
Subcommittee on Treasury,
Postal Service and
General Government
 
April 7, 1993
 