Thursday, July 12, 2012

Fast and Furious and its blowback on border security


By Scott Stewart
On the night of Dec. 14, 2010, U.S. Border Patrol agent Brian Terry was shot and killed while on patrol in an Arizona canyon near the U.S.-Mexico border. Two guns found at the scene were linked to an investigation being run by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) called "Operation Fast and Furious," sparking a congressional inquiry into the program and generating considerable criticism of the ATF and the Obama administration. Because of this criticism, in August 2011 ATF acting director Kenneth Melson was reassigned from his post and the U.S. attorney for Arizona was forced to resign.
Currently, the congressional inquiry is focused on U.S. Attorney General Eric Holder, who has been accused of misleading Congress about what he knew about Fast and Furious and when he learned it. The Obama administration has invoked executive privilege to block the release of some of the Department of Justice emails and memos sought by Congress pertaining to the operation. The controversy escalated June 28 when the U.S. House of Representatives voted to hold Holder in contempt of Congress for ignoring its subpoenas.
As all Second Amendment issues are political hot buttons, and with this being a presidential election year in the United States, the political wrangling over Fast and Furious is certain to increase in the coming months. The debate is also sure to become increasingly partisan and pointed. But, frankly, this political wrangling is not what we find to be the most interesting aspect of the operation's fallout. Rather, we are more interested in the way that criticism of Fast and Furious has altered law enforcement efforts to stem the flow of guns from the United States to Mexico and the way these changes will influence how Mexican cartels acquire weapons...
...One significant emerging source of AR-15/M16 variants is something called an 80 percent lower receiver. (The lower receiver is the part of the AR-15/M16/M4 that carries a manufacturer's serial number. These 80 percent lower receivers do not have any serial numbers.) Under U.S. federal firearms law, the unfinished lower receiver is not considered a firearm and thus can be shipped anywhere and sold to anyone without a license. Once the remaining machining on the lower receiver is completed, one can build an AR-15, M16 or M4 carbine by purchasing the additional required parts -- such as the bolt assembly, trigger assembly and barrel -- which also are not considered firearms. Once the weapon is fully assembled, it is then considered a firearm and subject to federal firearms law. 
While the 80 percent lower receivers are intended for do-it-yourself gun enthusiasts, according to the ATF, these guns have also begun to show up in increasing numbers in Mexico.
Many if not most of the semi-automatic rifles purchased in the United States and smuggled into Mexico are converted to be capable of fully automatic fire by armorers working for various cartel groups. The same armorers are capable of finishing the machining on 80 percent lower receivers and assembling completed firearms from them. The finishing process is not difficult, and there are specialized jigs one can buy and instructional videos posted on the Internet to assist in the process. With experience, proper parts and equipment, a competent machinist can quickly and easily finish a lower receiver in an hour or less.

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