Yesterday, was the ATF’s birthday. Today, Ares Armor Inc. proudly turns again to Daniel O’Kelly for his unbiased but unplugged commentary on the ATF. After more than a decade as a Police Officer and Detective, Mr. O’Kelly had 23 years of awards and promotions as a highly-qualified agent and supervisor in the Bureau of Alcohol, Tobacco, Firearms and Explosives. As an Academy Staff member, he was chosen to be one of the writers of the new and improved ATF Curriculum which is still being used.
Today, as a world-recognized leading gun expert, Dan has taught firearm enforcement to law enforcement professionals around the world. He now runs the International Firearm Specialist Academy.
Ares Armor Inc.: As always, it’s an honor Sir. Thank you for your time. Let’s start by asking if you have you seen the ATF change, and how?
Daniel O’Kelly: “ATF has evolved from issuing revolvers when I came aboard, to Glocks, M4s and Armored Personnel Carriers. The aim of the enforcement has changed to a high degree also. As an ATF Agent, you’re allowed to specialize in one facet of ATF jurisdiction if you wish, be it firearms, bombing investigations, arson, armed organized crime, or a few others. Having been a full-time undercover agent for two years during my prior career on the police department, I specialized in undercover cases against armed drug dealers. When I came aboard with ATF in the late 1980s, the cocaine epidemic was at its peak. So, it seemed like a vast amount of the work we did was going after criminals who carried guns to protect their drug deals, which is a firearm-felony under ATF jurisdiction. I also investigated armed felons and gun traffickers.
The rules were not that strict. To begin an investigation, you were required to file a proposal with your supervisor saying, ‘This is who I’m going to investigate, and why.’ We were given a good amount of latitude in working our cases. That all changed in 1993.”
How a Wacko in Waco Changed the ATF
In 1993, the self-proclaimed final prophet, David Koresh, led the Branch Davidian religious cult in bearing Arms against an ATF raid of their compound in Waco, Texas. Four federal agents and six cult members were killed in the raid. After a 51-day standoff against the FBI, the compound caught fire. All 80 cult members, including children, died.
Ares Armor Inc.: How did that one tragic incident impact the way ATF operated?
Daniel O’Kelly: “Prior to Waco, if you were doing an undercover drug buy, you would gather a few other agents, and say ‘I’m going to x location to make a buy. The seller is Joe Whoever, and he drives a blue Chevy. I’ll be wearing a wire on channel 6, so grab a radio and hopefully you can hear the conversation. You guys park here. You other guys position yourself there.’ Then, off we would go. Most of the time it went smoothly, but working the Chicago, and Gary, Indiana area, there was more than one operation that ended up in a shootout, car chase or both. The occasional chaos was just an accepted risk.
Then Waco happened.
I still remember an Agent walking into my office and telling me that my friend, Agent Rob Williams, had been murdered during the raid at the compound. Rob had been a classmate of mine during basic training. I remember staring out the window in a daze for hours, trying to get my head around his death. Then I walked into my supervisor’s office and told him I wanted to join the Special Response Team (SRT). ‘So does everyone else’ he said. ‘It’s like the day after Pearl Harbor.’
Politicians and the public wanted heads to roll at ATF for what happened. Heck, everyone that ATF goes after is armed, but no one there believed they’d shoot. It hadn’t been considered the Branch Davidians believed Koresh to be Jesus in the flesh, and that they were all invincible and justified in shooting at us.
After Waco, you couldn’t go out on an operation without a written and approved plan. It required a positive ID of the suspect and everything about him, a map to the hospital, blood types of all involved, phone numbers of supervisors, local law enforcement and other emergency services. We used to call it doing, ‘The phone book,’ because it was so much paperwork. And, you had to have it approved in advance by two levels of supervision.
It only made sense to start using a more prepared approach after we had our eyes opened at Waco by a bunch of lunatics who thought Jesus told them to shoot at us, but it was a big change at the ATF, like night and day.
Prior to Waco, Agents who were not on the SRT only had ATF logo windbreakers and ball caps to wear on raids. After Waco we were all issued Battle Dress Uniforms (BDUs), and in recently years they’ve added helmets and armored personnel carriers.”
Ares Armor Inc.: Speaking of change, what do you make of the idea which surfaces from time to time about merging the ATF into the FBI?
Daniel O’Kelly: “I saw that merger proposed at least 3 times during my career. Even before that, it came so close during the Reagan Administration that some ATF agents transferred to other agencies in fear of losing their job, but the merger still never happened. I recently wrote an article on Linkedin called, Ban ATF, Why? It touched on why you should want the ATF to continue doing firearm enforcement if you are pro-gun, and not the FBI.
At end of the day, there are always going to be gun laws in America. Who do you want enforcing them? The DEA Agents whose experience and training are about drugs? The FBI, which is five times larger with a budget to match? Even if you put ATF under another agency, give them a new boss, or abolish the agency, the Agents aren’t going to be let go, because it still takes the same number of Agents to enforce all the federal laws. As long as there is an anti-gun administration in the White House, the Agents in charge of enforcing gun laws will be pressured by that administration to be anti-gun.”
Enforcing Federal Gun Laws
Daniel O’Kelly: “During my career, the first new federal gun law enacted was the Gun-Free School Zone Act in 1990. Since then, the category of persons with a domestic violence conviction have been added to the list of those prohibited from possessing a gun. I also witnessed a new initiative every few years with names like Operation Trigger Lock, Project Achilles Heel, and others, which focused on enforcing the laws against armed career criminals, armed drug traffickers, and those who used guns in violent crime.
Bureaucracies are a funny thing. Someone once said that the two aims of a bureaucracy are to increase its size and to justify its budget. These initiatives were a way to track our activity and show we were earning our budget. These projects gave the impression we were doing something new or different, but really it was just enforcement of the same laws with a new label on them.
It was also amusing to see the strategic focus of our cases flip-flop every year from a quest for quality vs. quantity. When a new fiscal year began, we would hear the mandate, ‘This year, we are going after quality cases. We want cases involving multiple guns and multiple defendants.’ Then at the start of the next year, we would always hear, ‘Last year, we had quality but our numbers were low, so this year we need numbers. One guy - one gun cases are fine.’ And our direction would switch back and forth contradicting itself every year.
In 1994, President Clinton signed the Federal Assault Weapons Ban pushed by Senator Feinstein, which was enacted for 10 years. (It was formally titled the Public Safety and Recreational Firearms Use Protection Act). The law said that if you make a semi-automatic firearm which uses a detachable magazine, it can only have one of the following regulated features, such as:
Telescoping or Folding Stock
Pistol Grip
Flash Suppressor
Barrel Shroud
Bayonet Mount
Grenade Launcher
If a firearm had two or more of these specific features, it could only be sold to law enforcement. The ban prevented nothing but bayonets and grenade launchings. Nothing more than a way to try to make some guns, such as an AR-15, to be politically correct.
When I taught this complex law during seminars I would have to laugh. I’d ask a room filled with law enforcement professionals, ‘How many of you have more than 10 years of experience?’ Hands all over the room would be raised. ‘How many have more than 20 years of experience?’ Most hands would still be up. Then I’d ask, ‘How many of you have ever been called to the scene of a bayoneting?’ The room would burst into laughter. Then I’d ask, ‘How many of you have ever arrested someone for launching a grenade?’ There would be more laughter, and a single hand never went up. I’d close my point with the comment, ‘Well at least no one is pinching their fingers anymore in those folding stocks.’
That Federal Assault Weapons Ban was a classic Washington, D.C. example of people who don’t know anything about guns trying to find a problem to fit their answer in order to get rid of guns.”
Tune in again tomorrow, as Mr. Daniel O’Kelly shares how the ATF views firearms owners, how the public should view inside the ATF, and more.