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Tag: penalties

Special Report: Lenient Prison Sentences and Weak Laws Frustrate ATF’s Battle Against Gun Trafficking

By Jeffrey Anderson
For ticklethewire.com

WASHINGTON — Nutveena Sirirojnananont is staring at a possible 20 years in prison and a $1 million fine for ordering eight guns online that she directed to a federally-licensed firearms dealer in New Hampshire, but she’s all but guaranteed a fraction of that.

The Newmarket, NH, woman pleaded guilty in January to purchasing the weapons from Suds and Soda Sports, a licensed gun dealer in Greenland, NH, and using intermediaries to ship the weapons to associates in California, Florida and New York, who then shipped them to Thailand.

Sirirojnananont pocketed a 15 percent markup on the guns, which she sold through her online beauty-supply export business, cheapshop4you.com, in Portsmouth, and through an EBAY business called the PookyWookyShop. Sentencing is set for May 5.

The prospect of a light sentence isn’t unusual. In fact, it’s more the rule than the exception in gun trafficking cases around the country, a point that frustrates the top gun enforcement agency, ATF, to no end.

The chief problem, ATF officials say, is that there is no comprehensive federal statute in place that expressly outlaws gun trafficking and so-called “straw purchases” in which third parties buy weapons for people, often affiliated with crime organizations.

Paperwork Violations 

Instead, ATF says it’s forced to rely on “paperwork” violations such as making a false statement on the forms required to purchase a gun from a licensed dealer.

“Currently there is not a firearm trafficking law,” says ATF Agent Timothy Graden, a spokesman for the agency. “Trafficking cases typically involve people with little or no criminal history, therefore allowing them to buy firearms and then divert them to the criminal element.”

Consequently, there are cases all around the country in which people get off light for gun trafficking. Some even get probation.

Such is the case of Neil Smith, of Little Rock, AR, who got off last year with felony probation after ATF agents purchased seven firearms from him. Smith later admitted to illegally selling between 50 and 100 guns for profit.

In St. Paul, MN, Paul De La Rosa, who purchased over 119 firearms that he trafficked to Mexico, allegedly to a drug cartel, received just 36 months in prison.

And then there’s the more highly publicized case of Denver woman Stevie Vigil, who in March was sentenced to less than three years in prison, after pleading guilty to buying and transferring a firearm to a convicted felon and prison gang member who used the gun to murder Colorado Department of Corrections Executive Director Tom Clements at his home, and a Dominos pizza delivery man named Nathan Leon.

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