West Virginian Pol To Bloomberg: I'll Ban Your Gun Busts

A candidate for Governor of West Virginia has threatened to make Mayor Bloomberg's out-of-state gun busts illegal. State Sen. Jeffrey Kessler says Bloomberg has gotten too involved in West Virginia politics, so he wants to pass a bill that would ban the Mayor from using private investigators to catch Mountain State gun dealers who violate federal laws by selling firearms to unqualified buyers.

"It's for us to handle within our own borders," state Senator—and gubernatorial candidate—Jeffrey Kessler told the Daily News. "We jealously guard our gun rights, and we're vocal advocates for the Second Amendment." Over the past few years, Bloomberg has used private investigators to capture video of gun dealers selling weapons to buyers who say they wouldn't pass background checks, and to buyers who purchase guns and illegally give them to other people. Kessler's so-called "Bloomberg bill" would charge anyone who "persuades, encourages or entices" a gun dealer to make an illegal sale with a felony.

"It's not appropriate for any other law enforcement, absent the feds, to engage in gun buys—or try to entrap with gun buys—within our borders," said Kessler. "If there are violations, they should be investigated by clearly recognized law enforcement in our state, rather than by bringing in hired goons to do it." Mayoral spokesman Jason Post defended the stings, arguing they are necessary because 90 percent of guns used in New York City crimes come from out of state: "This legislation gets it exactly backward. The city has never broken the law, but we have caught unscrupulous gun dealers selling in violation of federal law."

This isn't the first time Bloomberg has taken heat over his stance on gun control. He has already served as the inspiration for custom gun paint jobs and a bobblehead figure.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Ben Muessig in News on February 15, 2010 11:41 AM

Comments [rss]

really!?!?

so prove you are going to take care of it. prosecute the guys busted and show that you can take care of the matter within your own boarders. that others don't have to clean up your messes for you.

NewHCE

This is why Bloomberg is so off base on this.

http://tinyurl.com/ybt8794

FelixtheCat & Christine Quinn'

those private investigators should be prosecute for buying illegal guns. Why are they above the law?

kruton

If WV did "handle [it] within [their] own borders," then Bloomy wouldn't have to do it for them! Don't blame him for trying to enforce laws that WV can't or won't.

NewHCE

So you think it is okay for the mayor of a city to send civilians into another state to make illegal purchases?

JacqueMehoff

Don't lie for the other guy,

doncha know? our NYPD is 10X better than the ATF.

NewHCE

Bloomie does not use NYPD for this activity. He uses civilians.

FelixtheCat & Christine Quinn'

Newhce is so right. These so call busts are throw out since NYC has NO legal standing. Why not

nypd notify ATF on any leads. This king thinks he now runs the country. Obama, watch your back.

NewHCE

Duh!! Because then Bloomie could not hold a press conference!

ABSORB

Finally someone is standing up to comrade Bloomberg

MrManhattan

Right, and who's going to arrest them, that amazingly efficient, pro-active and effective ATF?

NewHCE

Yes. Remember, with Bloombergs "stings" there are no law enforcement involved. He can't charge them with any crimes.

MrManhattan

oops, that was for NewHSE @ 2:00pm

NewHCE

You also have the situation where the "investigators", who are just private citizens, are trying to make an illegal purchase. If they knowingly purchase a gun illegally, then they are in trouble.

icandunk

Why can't someone investigate interstate commerce when the transaction forms a contact in the investigators state (ie an illegially sold gun in West Virginia turns up in a robbery in Flatbush)? So long as an illicitly sold gun ends up in New York, that brings up the kind of claim that could and should be heard in New York, so I see no problem whatsoever with private investigators collecting information.

NewHCE

Nope. That is when you call the ATF to investigate. This is the concern.

1. ATF sees a lot of guns used in crimes traced to a specific store in Virginia.

2. They set up an investigation, including undercover buys. They understand what evidence will be needed to convict and want to be thorough.

3. Bloomie goes to one of these gun stores-or one near by, buys a gun, and holds a press conference.

4. Bad dealer shuts down his operation because there is too much attention on Va. gun stores right now.

5. ATF investigation thwarted. No charges are brought against dealer because a NYC mayor does not have standing in the case.

This already HAS happened.

Thinky Think

Well obviously his state cannot handle their affairs because it took Bloomberg all the way in NY to shed light on a this huge problem in his state. Such an ediot!