Houston man sentenced for smuggling guns to Mexico

[Lodge2004]

The one point missing in this article is how the system worked in this case. Since his name apparently came up in an inspection in 2007, I'd guess the later purchased were "allowed" to happen in order to gather additional evidence. Just love how this guy's attorney tries to deflect attention on his client and says the government should be looking at gun shows, stores and manufacturers.

http://www.chron.com/disp/story.mpl/met ... 46248.html" onclick="window.open(this.href);return false;

A gun trafficker convicted of buying weapons in Houston to arm Mexican drug cartels was sentenced Friday to four years in prison — a forewarning of the U.S. government’s escalating war on narco-violence.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said Juan Pablo Gutierrez was a “prolific” purchaser among a group of 23 arms traffickers who bought at least 339 firearms for Mexican organized crime syndicates in 2006 and 2007.

Assistant U.S. Attorney Mark White told U.S. District Judge Gray Miller Friday that Gutierrez wasn’t supplying common thugs on Mexico’s streets, but “arming an infantry squad.”

His sentencing comes as the Obama administration is bolstering its efforts to stem the flow of U.S. guns ending up in the hands of powerful drug trafficking gangs waging war against each other and the Mexican government.

Gutierrez’s lawyer, David Adler said later that his client should be punished, but he wasn’t a member of a criminal organization, just an unemployed guy making extra money.

“The deal is somebody said, ‘This is an easy way to make some money. It is not a problem. Help me out,’” Adler said. “But that is very different than saying, ‘I got my orders from some Mexican drug cartel leader – go get these guns.’”

At least 40 of the guns purchased by the group were later recovered at crime scenes in Mexico and Guatemala, as gangsters wage a protracted war against one another and the Mexican government, the ATF said.

Gutierrez, 24, pleaded guilty in January to eight charges he lied to Carter’s Country gun store employees about whom the guns were for.

According to an affidavit prepared by ATF agent Carla Mayfield, during a two-month period Gutierrez spent $17,801 — believed to be all cash – on 20 guns.

Information provided by Mexican authorities indicates weapons purchased by Gutierrez were found among an arsenal seized in connection with the arrest of 20 suspected kidnappers in Mexico, according to Mayfield.

Another of the Gutierrez-purchased guns recovered in Mexico was an assault rifle found with 11 alleged members of the Zetas, a group of military-trained hitmen working for the Gulf Cartel, according to the ATF.

The ATF has been tight-lipped about its probe, but court documents offer a glimpse of the investigation.

After a routine inspection of Carter’s Country records in 2007, “numerous people were identified who had made suspicious purchase of firearms in that each purchased a large number of military firearms,” ATF agent Mayfield states in the affidavit.

Carter’s County has declined to comment on the case.

Adler, Gutierrez’s lawyer, said it was time to do more than just look at his client if the U.S. government wants to get serious about weapons going to Mexico.

“Somehow the guns stores, and the gun shows, and the gun manufacturers, are the ones the government should be looking at to formulate a solution,” he said.

[Oldgringo]

Are we to assume that Juan Pablo Gutierrez is a citizen of the U.S? Four years is not a very long sentence for such a heinous crime, is it?

[stroo]

Since when does Carter's Country sell "military firearms"?

While they do need to look at Carter's, if the guy lied to them and went through the NICS, it is the buyer that needs to be targeted, not the store. Look for more scrutiny on gun stores though.

[Oldgringo]

...during a two-month period Gutierrez spent $17,801 — believed to be all cash – on 20 guns.

At a $1,000 a pop (no pun intended) that would be 18 guns in a two month period. Would that not that be a red flag to the NCIS? Am I missing something here or what?

[flb_78]

I almost want to place some blame on the shop. If someone comes in and buys an AR-15 a day for a 3 weeks and pays cash every time, maybe they should have done something.

[iratollah]

LEAD-IN: My brother was in an Academy store this past week trying to buy a Ruger LCP. They wouldn't sell him the one under the counter, saying they were holding it for someone, but also told him they have a policy of not holding guns. (He says every Academy he spoke with told him they don't hold guns for people.)

WHILE he was discussing their policies with them, he says a Hispanic gentleman with very poor English skills inquired about AR-15s. The man asked if that is the rifle that shoots .223. Brother says the man appeared to know nothing about the rifle and asked no questions other than repeating if the question if the rifle shoots .223. The man didn't even ask to look at the rifle. He then said he'd take everyone they had in stock and paid cash for four AR-15s.

Straw purchase?

[flb_78]

LEAD-IN: My brother was in an Academy store this past week trying to buy a Ruger LCP. They wouldn't sell him the one under the counter, saying they were holding it for someone, but also told him they have a policy of not holding guns. (He says every Academy he spoke with told him they don't hold guns for people.)

WHILE he was discussing their policies with them, he says a Hispanic gentleman with very poor English skills inquired about AR-15s. The man asked if that is the rifle that shoots .223. Brother says the man appeared to know nothing about the rifle and asked no questions other than repeating if the question if the rifle shoots .223. The man didn't even ask to look at the rifle. He then said he'd take everyone they had in stock and paid cash for four AR-15s.

Straw purchase?

si`

[AEA]

Well..........

It's good to see some reports of enforcement of laws that are already on the books instead of going after more laws to deteriorate the rights of law abiding gun owners!

[Oldgringo]

LEAD-IN: My brother was in an Academy store this past week trying to buy a Ruger LCP. They wouldn't sell him the one under the counter, saying they were holding it for someone, but also told him they have a policy of not holding guns. (He says every Academy he spoke with told him they don't hold guns for people.)

WHILE he was discussing their policies with them, he says a Hispanic gentleman with very poor English skills inquired about AR-15s. The man asked if that is the rifle that shoots .223. Brother says the man appeared to know nothing about the rifle and asked no questions other than repeating if the question if the rifle shoots .223. The man didn't even ask to look at the rifle. He then said he'd take everyone they had in stock and paid cash for four AR-15s.

Straw purchase?

This is not a good thing...for any of us.

[KD5NRH]

WHILE he was discussing their policies with them, he says a Hispanic gentleman with very poor English skills inquired about AR-15s. The man asked if that is the rifle that shoots .223. Brother says the man appeared to know nothing about the rifle and asked no questions other than repeating if the question if the rifle shoots .223. The man didn't even ask to look at the rifle. He then said he'd take everyone they had in stock and paid cash for four AR-15s.

IMO, that would have been a very good time to either keep browsing nearby and try to spot some identifiers filled in on the 4473, or just walk away, call BATFE and give them the store location and a rundown on the event before the instant check gets called in.

[couzin]

Let me relate something here. I was in the Academy (Longview, Tx) a couple years ago. Perusing the gun counter as usual, when I noticed a young (maybe 18) man dressed in the appropriate 'thug' attire (low bag pants over another pair of pants, unlaced sneaks, probably three shirts, covered by a 'hoodie') standing with a girlfriend about his age and a much older woman (probably mom?). She (mom) was handed a Glock 27 to examine by the clerk, which she promptly handed to the young man. He proceeded to rack the slide (without looking to see if a round was present (thankfully - Academy doesn't leave the magazines in), turns the gun on its side 'gangsta' style and pulls the trigger. At this point 'mom' asks him if that is the one he wants. He hands the gun back to the clerk and says yes. Clerk reached around and set the clipboard and 4473 in front of - you guessed it - 'mom.' Being the nosy and righteous indignant bugger I am - I get one of the other clerks attention and quietly tell him that what she is doing is probably a straw purchase. The clerk, calming my concerns, tells me he cannot do anything about it. I went outside and called the non-emergency line for the Longview Police Dept. After about 5 minutes of being bounced around from desk to desk - I am put in touch with a detective. Detective X (as we will call him), after listening to my tale of intrigue, says 'we can't be everywhere' and that the sale is probably complete by now anyway and they are gone (I'm watching the door...). He said they would try to get by there and take a look at the paperwork and if I was needed - they would call me. End of conversation. Far as I know, nothing ever came of it (unless hoodie boy used the Glock 'inappropriately'). Let me make it clear, I respect all cops, tough job, underpaid, little to no respect - would not do their job no matter how much money or fame. But there is way too much of this - maybe it is just fear of running crosswise of public opinion. With regard to the Academy sales team, as stated earlier, disregarding the obvious straw purchase example, if a shop sold 18 guns to the same gun in two months, or even 4 ARs to one guy at one time - shouldn't someone be raising a red flag? Why are legitimate gun owners and purchasers being made to look like the bad guys - we will suffer for this bull over Mexico - and all because some folks are just greedy (wow - now that is a current theme - isn't it??). Maybe I should have just elevated to a call to BATF?? Probably the same result...

Now - where did I put that pitchfork and torch???

[stevie_d_64]

Yes, it is safe to assume this guy is a legal US citizen...

Apparently all of these purchases he made were legal...

One reason we are hearing about it now is because of all the hype about "us" being the blame for all of the drug cartel violence across the border that is "spilling" over into our country...WE ARE TO BLAME!!!

The other reason is that the guns when the authorities, (I use the term loosely when it comes to authorities in Mexico) were traced "after the fact" back to this guy here in Houston...

These cases are building up to justify the battle we all know is coming in the future...

[couzin]

These cases are building up to justify the battle we all know is coming in the future...

Er ya go...!!!

[bryang]

stevie_d_64 wrote:
These cases are building up to justify the battle we all know is coming in the future...

Exactly! Ever grinning politician on the tv now are talking about the "crisis" in Mexico... we must do something "now!" Isn't it strange the number of crises we have had in just the last three months? As, one bozo (you know who) said, "you don't want to wast a crisis."

It is disgusting to see what is happening in America and feel helpless to do anything.

-geo

[Oldgringo]

bryang wrote:

It is disgusting to see what is happening in America and feel helpless to do anything.

Somehow, doing nothing in Texas until the Feds do us doesn't sound very proactive. Maybe it's not in our best long term interests to be able to buy as many guns as we can daily? Likewise with a 3 day waiting period, etc., etc. I dunno', what do y'all think?

I'd much rather have a little inconvenience with firearm purchases than not be able to purchase them at all. Before the flame thrower squad gets here, be reminded the 2nd Amendment said "bear arms", it didn't say anything about purchasing them.