Dennis Deconcini, 1982   ...In these and similar areas, the Bureau has violated not only the dictates of common sense, but of 5 U.S.C. Sec 552, which was intended to prevent "secret lawmaking" by administrative bodies.    These practices, amply documented in hearings before this Sub- committee, leave little doubt that the Bureau has disregarded rights guaranteed by the constitution and laws of the United States.    It has trampled upon the second amendment by chilling exercise of the right to keep and bear arms by law-abiding citizens.    It has offended the fourth amendment by unreasonably search- ing and seizing private property.    It has ignored the Fifth Amendment by taking private property without just compensation and by entrapping honest citizens with- out regard for their right to due process of law.    The rebuttal presented to the Subcommittee by the Bureau was utterly unconvincing. Richard Davis, speaking on behalf of the Treasury Department, asserted vaguely that the Bureau's priorities were aimed at prosecuting willful violators, particularly felons ille- gally in possession, and at confiscating only guns actually likely to be used in crime. He also asserted that the Bureau has recently made great strides toward achieving these priorities. No documen- tation was offered for either of these assertions. In hearings before BATF's Appropriations Subcommittee, however, expert evidence was submitted establishing that approximately 75 percent of BATF gun prosecutions were aimed at ordinary citizens who had neither criminal intent nor knowledge, but were enticed by agents into unknowning technical violations.   ( Exerpt from: 97th Congress; 2d Session   COMMITTEE PRINT      T H E   R I G H T   T O   K E E P   A N D   B E A R   A R M S                                 REPORT                                 of the                    SUBCOMMITTEE ON THE CONSTITUTION                                 of the                       COMMITTEE ON THE JUDICIARY                          UNITED STATES SENATE                         NINETY-SEVENTH CONGRESS                             SECOND SESSION                              FEBRUARY, 1982         Printed for the use of the Committee on the Judiciary                     U.S. GOVERNMENT PRINTING OFFICE 88-618 O                         WASHINGTON : 1982     Letter to Constituent: April 1993     Thank you for contacting me regarding the Bureau of Alcohol, Tobacco, and Firearms (ATF), which is the Federal law enforcement agency with jurisdiction over firearms violations and regulations.   It has been my experience as chairman of the Appropriations Subcommittee on Treasury, Postal Service and General Government which funds ATF, that ATF is one of the most competent and highly professional law enforcement agencies in the Federal government. The agents of ATF have proven their value again and again in successful, legal operations to curb the unlawful possession and use of firearms, especially in the area of  drug-related crimes.  It enforces the Armed Career Criminal Act which calls for mandatory minimum sentences for repeat felons using firearms to carry out  an illegal activity.  The Bureau has made itself a key component in preventing gang related violence, also, both by educating at-risk youth to the dangers of gang membership as well a s by depriving known gangs from access to weapons.   The Waco, Texas case involved the execution of search warrants by ATF on the Branch Davidians for illegal firearms and explosives possession (automatics, semi-automatics, and machine-guns, in addition to bombs and other explosives.)  In virtually every gun case, ATF is asked to trace weapons through its' National Firearms Tracing Center, where they keep all dealer and Federal firearms license information.  ATF is the Federal governments' firearms expert and routinely works with state and local police to execute warrants.  ATF, working with state and local law enforcement in Texas and the U.S. Attorneys' office felt it was necessary to execute these warrants in order to legally establish that a crime had been committed and conclude a long and thorough investigation of illegal gun and explosives held by members of the Branch Davidians.  In addition, ATF carefully selected a Sunday morning, knowing from their source, inside, that the men would be separated from the women and children and not in the area where it was known that the illegal weapons were stored.   As you may be aware by now, Vernon Howell a.k.a. David Koresh spiritual leader of the Branch Davidians was tipped of the impending execution of the search warrants.  Unfortunately, ATF lost the element of surprise and the cult was able to arm themselves  and prepare for ATFs' entry into the compound.  Once a hostage situation presented itself, the ATF asked the FBI to become involved since the FBI is skilled in hostage negotiations.  In addition, and military tanks were brought in due to the serious nature of the situation and firepower of the Branch Davidians.   Based on what I have learned about ATF's role in the Branch Davidian raid, I believe the agency acted responsibly.  I am, however, deeply saddened by the loss of lives of the 4 law enforcement agents who attempted to enter the compound and the civilian members of the cult.  I fully expect the Department of  Treasury to conduct a thorough evaluation with representatives from law enforcement outside the Department to be headed by the Assistant Secretary for Enforcement.  In addition, ATF will conduct its' own review of the Waco operation.  I look forward to reviewing the findings of the evaluators and hope this situation in Waco will be brought to a quick and peaceful conclusion.   Sincerely,   Dennis DeConcini Chairman Subcommittee on Treasury, Postal Service and General Government   April 7, 1993