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Former deputy 'inadvertently kept' machineguns
Josey1
Member Posts: 9,598 ✭✭
OFFICIALS FIND GUNS AT HOME
OF FIRED DEPUTY CONSTABLE
By: ANNE WRIGHT, Staff Writer July 23, 2002
MACHINE GUN CONTROVERSY: Two 9 mm Steyer-Daimler fully automatic machine guns were purchased in 1991 with money donated to the Precinct 3 Constable's Office. (Courtesy Photo)
Two automatic firearms obtained years ago by a Smith County constable were missing when a new constable took office this month and learned they were at the home of a fired deputy constable, authorities said. (July 24, 2002)
Two automatic firearms obtained years ago by a Smith County constable were missing when a new constable took office this month and learned they were at the home of a fired deputy constable, authorities said.
The 9 mm Steyer-Daimler fully automatic machine guns were purchased in 1991 after a deputy constable donated money to then-Precinct 3 Constable Rick Waller.
The high-powered weapons, which were only available for sale to a law enforcement or government agency, were not on the department's inventory and were missing from an evidence locker when a new constable took office.
Waller, now the Whitehouse police chief, said he was confronted earlier this month about the missing guns by his successor, veteran lawman Danny Smith.
Smith said he learned of the machine guns days after he took office through another deputy but they were nowhere to be found during an evidence locker search. Federal firearms agents couldn't help because Smith had no serial numbers, he said.
Waller said he asked his ex-chief deputy about the missing guns and he acknowledged he inadvertently kept them.
Former Chief Deputy Constable Gary Guthrie, who was terminated after Smith took office, took the guns to a firearms school, Waller said.
"Guthrie was a firearms instructor and took them to the gun range 10 to 12 times out of the locker," Waller said.
He said Guthrie accidentally kept the guns after a recent training class, but eventually brought them to the Whitehouse Police Department, where they were handed over to the new constable.
Guthrie said he anticipated he would continue to work at the constable's office after Smith took over, and removed the guns from the locker July 5 for training.
"I am a certified instructor and I used them in a training course then put them in my gun safe and kept them over the weekend," Guthrie said. "My safe at the house is more secure than the locker at the office."
He said he was fired July 8 about two hours into Smith's first shift as constable.
Having unexpectedly lost his job, Guthrie said the guns were "the furthest thing from my mind."
"I didn't even think about them but I returned them July 9 when Waller called me," the ex-deputy said. "I had them (at Waller's office) in 30 minutes."
Smith claims it was not until July 11 when he learned his office owned machine guns and Guthrie returned them shortly thereafter.
Waller could not recall dates but said Guthrie told him the guns were at his house and he simply forgot, explaining, "it was an oversight."
"I didn't know Gary left the guns at his house, I didn't think about it," Waller said. "It was a swift, whirlwind departure for me and the last few days, I was on vacation."
When he learned the whereabouts of the weapons, Waller said he told Smith, "I'd have them brought to me and you can pick them up.
"I did not have those guns when I left the constable's office."
Smith said he obtained the weapons about a week ago from the police department and contacted the county attorney about having them transferred to the sheriff's department.
The constable said he considered the firearms a liability and security problem since his office is not manned 24 hours a day.
Smith said he was alarmed when he initially realized machine guns were registered to his office and even more disturbed when he could not locate them.
On July 5, after learning county commissioners appointed him constable, Smith said he inventoried the Precinct 3 office in Troup.
"There were not any machine guns on the inventory," Smith said.
The next week, he said, his deputy informed him there should have been two fully automatic machine guns in the office.
"I called ATF because I know machine guns are registered to police agencies," Smith said. "I was concerned because they were registered to Smith County but I had no paperwork or knowledge of them. The ATF said they needed serial numbers and I explained I didn't have the guns."
Smith said with help from his deputy, he located a registration for one of the guns and he telephoned Waller who solved the missing gun mystery.
Waller said Guthrie took an envelope from the evidence locker, thinking it contained both registrations but it only had one. The former constable said he required his deputies to take registrations when they removed guns.
Federal registrations for both machine guns have now been accounted for and county commissioners this week voted to transfer the guns to the sheriff's department.
Smith said he did not want the machine guns and never would have bought them.
Most law officers agree, said Clay Alexander, supervisory agent with the Tyler office of the federal Bureau of Alcohol, Tobacco & Firearms.
"We don't carry machine guns - most agencies don't," Alexander said.
Sheriff's Maj. Bobby Garmon said his agency agreed to take the weapons in lieu of having them destroyed - the only other alternative under federal law.
Waller said he initially wanted to have the weapons transferred to the Whitehouse Police Department but lost interest after Smith involved county government.
Guthrie likely will not be subjected to a criminal investigation for keeping the guns past his employment as a county peace officer, said Assistant District Attorney Matt Bingham.
"This is not the type of facts that warrants prosecution," Bingham said. "He came into possession of the guns while performing his official duties. When the guns went to his house, he was still a peace officer. Upon being terminated, he was notified about the guns and he turns them right back in."
HISTORY OF THE GUN PURCHASES
Waller said the constable's office purchased the two machine guns at a reduced price in May 1991 through a special mail offer from the manufacturer of the firearms. The offer, Waller said, was restricted to law enforcement agencies.
"We decided we'd use them in training exercises to train officers - if they ever worked with the DEA (federal drug agents) and had to pick them, they would have shot one, or known how to react," Waller said. "They were used in a training environment - not carried on duty."
He said a deputy used personal money and donated the funds to the constable's office because the purchase had to made through a law enforcement agency.
Waller recalled paying $100 to $200 for each gun but does not remember where they were mailed from, and said he does not have the receipts.
Alexander said the purchase was done properly, in accordance with federal regulations for machine guns and other automatic weapons.
"The paperwork was submitted through the ATF in Washington for two automatic firearms to the Precinct 3 Constable's Office," Alexander said. "We look for the make, serial number and the law enforcement agency that's got them. The ATF doesn't ask where they got them or how they got them."
The ATF does not charge transfer fees to law enforcement agencies for the ownership of automatic weapons.
Alexander said since May 1986 when the federal gun control law took effect, only law enforcement agencies can legally obtain automatic firearms. But those in circulation before 1986 are available to individuals who qualify for gun ownership and pay $200 transfer fees.
Waller and Alexander said they did not know what year the constable office's machine guns went into circulation but their purchases were restricted to law enforcement.
"Some companies do manufacture machine guns just for law enforcement," Alexander said.
Waller said funds donated for the gun purchases went into his departmental fund - as opposed to his reserve officer and education funds.
He said for the gun transfer to go through, it had to be paid through his department - not from private funds.
County Auditor Ann Wilson said her office has no record of the purchases and County Attorney Keith Downs questioned the transaction.
"The auditor's office would need to be part of the purchasing decision," Downs said. "If county funds are used, it should go through the auditor's office."
Waller assumed he did not record the gun purchases with the auditor because they amounted to less than $500.
"That's the way we did things back then," Waller said. "Everyone did."
Anne Wright covers Smith County government and courts. She can be reached at 903.596.6284. e-mail: news@tylerpaper.com
http://www.zwire.com/site/news.cfm?newsid=4830541&BRD=1994&PAG=461&dept_id=226369&rfi=6
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
OF FIRED DEPUTY CONSTABLE
By: ANNE WRIGHT, Staff Writer July 23, 2002
MACHINE GUN CONTROVERSY: Two 9 mm Steyer-Daimler fully automatic machine guns were purchased in 1991 with money donated to the Precinct 3 Constable's Office. (Courtesy Photo)
Two automatic firearms obtained years ago by a Smith County constable were missing when a new constable took office this month and learned they were at the home of a fired deputy constable, authorities said. (July 24, 2002)
Two automatic firearms obtained years ago by a Smith County constable were missing when a new constable took office this month and learned they were at the home of a fired deputy constable, authorities said.
The 9 mm Steyer-Daimler fully automatic machine guns were purchased in 1991 after a deputy constable donated money to then-Precinct 3 Constable Rick Waller.
The high-powered weapons, which were only available for sale to a law enforcement or government agency, were not on the department's inventory and were missing from an evidence locker when a new constable took office.
Waller, now the Whitehouse police chief, said he was confronted earlier this month about the missing guns by his successor, veteran lawman Danny Smith.
Smith said he learned of the machine guns days after he took office through another deputy but they were nowhere to be found during an evidence locker search. Federal firearms agents couldn't help because Smith had no serial numbers, he said.
Waller said he asked his ex-chief deputy about the missing guns and he acknowledged he inadvertently kept them.
Former Chief Deputy Constable Gary Guthrie, who was terminated after Smith took office, took the guns to a firearms school, Waller said.
"Guthrie was a firearms instructor and took them to the gun range 10 to 12 times out of the locker," Waller said.
He said Guthrie accidentally kept the guns after a recent training class, but eventually brought them to the Whitehouse Police Department, where they were handed over to the new constable.
Guthrie said he anticipated he would continue to work at the constable's office after Smith took over, and removed the guns from the locker July 5 for training.
"I am a certified instructor and I used them in a training course then put them in my gun safe and kept them over the weekend," Guthrie said. "My safe at the house is more secure than the locker at the office."
He said he was fired July 8 about two hours into Smith's first shift as constable.
Having unexpectedly lost his job, Guthrie said the guns were "the furthest thing from my mind."
"I didn't even think about them but I returned them July 9 when Waller called me," the ex-deputy said. "I had them (at Waller's office) in 30 minutes."
Smith claims it was not until July 11 when he learned his office owned machine guns and Guthrie returned them shortly thereafter.
Waller could not recall dates but said Guthrie told him the guns were at his house and he simply forgot, explaining, "it was an oversight."
"I didn't know Gary left the guns at his house, I didn't think about it," Waller said. "It was a swift, whirlwind departure for me and the last few days, I was on vacation."
When he learned the whereabouts of the weapons, Waller said he told Smith, "I'd have them brought to me and you can pick them up.
"I did not have those guns when I left the constable's office."
Smith said he obtained the weapons about a week ago from the police department and contacted the county attorney about having them transferred to the sheriff's department.
The constable said he considered the firearms a liability and security problem since his office is not manned 24 hours a day.
Smith said he was alarmed when he initially realized machine guns were registered to his office and even more disturbed when he could not locate them.
On July 5, after learning county commissioners appointed him constable, Smith said he inventoried the Precinct 3 office in Troup.
"There were not any machine guns on the inventory," Smith said.
The next week, he said, his deputy informed him there should have been two fully automatic machine guns in the office.
"I called ATF because I know machine guns are registered to police agencies," Smith said. "I was concerned because they were registered to Smith County but I had no paperwork or knowledge of them. The ATF said they needed serial numbers and I explained I didn't have the guns."
Smith said with help from his deputy, he located a registration for one of the guns and he telephoned Waller who solved the missing gun mystery.
Waller said Guthrie took an envelope from the evidence locker, thinking it contained both registrations but it only had one. The former constable said he required his deputies to take registrations when they removed guns.
Federal registrations for both machine guns have now been accounted for and county commissioners this week voted to transfer the guns to the sheriff's department.
Smith said he did not want the machine guns and never would have bought them.
Most law officers agree, said Clay Alexander, supervisory agent with the Tyler office of the federal Bureau of Alcohol, Tobacco & Firearms.
"We don't carry machine guns - most agencies don't," Alexander said.
Sheriff's Maj. Bobby Garmon said his agency agreed to take the weapons in lieu of having them destroyed - the only other alternative under federal law.
Waller said he initially wanted to have the weapons transferred to the Whitehouse Police Department but lost interest after Smith involved county government.
Guthrie likely will not be subjected to a criminal investigation for keeping the guns past his employment as a county peace officer, said Assistant District Attorney Matt Bingham.
"This is not the type of facts that warrants prosecution," Bingham said. "He came into possession of the guns while performing his official duties. When the guns went to his house, he was still a peace officer. Upon being terminated, he was notified about the guns and he turns them right back in."
HISTORY OF THE GUN PURCHASES
Waller said the constable's office purchased the two machine guns at a reduced price in May 1991 through a special mail offer from the manufacturer of the firearms. The offer, Waller said, was restricted to law enforcement agencies.
"We decided we'd use them in training exercises to train officers - if they ever worked with the DEA (federal drug agents) and had to pick them, they would have shot one, or known how to react," Waller said. "They were used in a training environment - not carried on duty."
He said a deputy used personal money and donated the funds to the constable's office because the purchase had to made through a law enforcement agency.
Waller recalled paying $100 to $200 for each gun but does not remember where they were mailed from, and said he does not have the receipts.
Alexander said the purchase was done properly, in accordance with federal regulations for machine guns and other automatic weapons.
"The paperwork was submitted through the ATF in Washington for two automatic firearms to the Precinct 3 Constable's Office," Alexander said. "We look for the make, serial number and the law enforcement agency that's got them. The ATF doesn't ask where they got them or how they got them."
The ATF does not charge transfer fees to law enforcement agencies for the ownership of automatic weapons.
Alexander said since May 1986 when the federal gun control law took effect, only law enforcement agencies can legally obtain automatic firearms. But those in circulation before 1986 are available to individuals who qualify for gun ownership and pay $200 transfer fees.
Waller and Alexander said they did not know what year the constable office's machine guns went into circulation but their purchases were restricted to law enforcement.
"Some companies do manufacture machine guns just for law enforcement," Alexander said.
Waller said funds donated for the gun purchases went into his departmental fund - as opposed to his reserve officer and education funds.
He said for the gun transfer to go through, it had to be paid through his department - not from private funds.
County Auditor Ann Wilson said her office has no record of the purchases and County Attorney Keith Downs questioned the transaction.
"The auditor's office would need to be part of the purchasing decision," Downs said. "If county funds are used, it should go through the auditor's office."
Waller assumed he did not record the gun purchases with the auditor because they amounted to less than $500.
"That's the way we did things back then," Waller said. "Everyone did."
Anne Wright covers Smith County government and courts. She can be reached at 903.596.6284. e-mail: news@tylerpaper.com
http://www.zwire.com/site/news.cfm?newsid=4830541&BRD=1994&PAG=461&dept_id=226369&rfi=6
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
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by Philip Nettleton
An arsenal of high-powered assault rifles and machine guns which could have found their way into the hands of London's most deadly criminals has been recovered by police, Scotland Yard said today.
The cache, understood to have been imported from Eastern Europe, contains three assault rifles including an AK47, an SLR - a gun formerly used by the British Army - and another assault rifle similar to an M16.
The weapons have been sent for examination by firearms experts. Four other machineguns, including a large Madsen, are believed to originate from the Second World War.
Police swooped on a flat on the Down's Park Estate in Stoke Newington as part of Operation Bantam - the Met's successful crackdown on gun and drugs crime.
Officers say some guns had been badly de-activated and parts of the older weapons could have been used to build other guns.
Dc Jason Robinson said: "Attempts have been made to deactivate the weapons, however there are many working parts which would enable parts of the weapons to be transferred to other guns and used again. This is an excellent seizure and shows our determination in taking guns off the streets."
A 36-year-old man has been arrested on suspicion of possessing firearms and has been bailed until November while further inquiries are made.
Operation Bantam has targeted scores of London's most wanted gunmen. Rapid reaction police squads have arrested Jamaican Yardie and British gunmen for a range of offences from firearms to parking fines.
http://www.thisislondon.co.uk/dynamic/news/story.html?in_review_id=649248
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878