For Release: May 11, 2007
Contact: J. Tucker Martin or David Clementson
Email: tucker.martin@oag.state.va.us or dclementson@oag.state.va.us
Phone: 804-786-2071
Attorney General McDonnell Thanks NYC Mayor Michael Bloomberg for Agreeing to Comply With Virginia Law
Bloomberg Agrees to Contact Virginia State Police in Future
Richmond - Virginia Attorney General Bob McDonnell today thanked the office of New York City Mayor Michael Bloomberg for now agreeing to recognize and abide by Virginia law in future law enforcement actions. In a marked reversal of previous statements from the Mayor’s office implying continued unauthorized New York City investigative operations in Virginia, this morning’s Washington Post quoted theMayor’s spokesman, Jason Post, now stating:
“We will continue to use creative and aggressive strategies and, in Virginia, that would include contacting the Virginia State Police," Post said. (The Washington Post May 11, 2007)
This is a distinct change from prior comments from the Mayor’s office, which until today had consistently stated or implied that it would continue its unauthorized practices in Virginia and other states, despite recent letters from the United States Department of Justice and the Virginia Attorney General’s Office advising the Mayor of the legal implications of such actions.
Two days ago, the Associated Press reported the Mayor’s response to McDonnell’s letter regarding Virginia’s new law:
“Mayoral spokesman Jason Post said the office will continue to "develop innovative and aggressive ways to keep New Yorkers safe." (Associated Press, May 9, 2007)
The United States Department of Justice had previously written the office of Mayor Bloomberg on February 6, 2007 concerning the unauthorized operations, noting, “…..you should be aware that there are potential legal liabilities that may attach when persons outside of law enforcement undertake actions typically reserved for law enforcement. This risk is particularly acute when such persons, however well intentioned, but without proper law enforcement authority, misrepresent that they are the actual purchasers of the firearms when, in fact, the purchases are being made on behalf of another person or entity (for instance, on behalf of the City.) In addition, civilian efforts can unintentionally interrupt or jeopardize ongoing criminal investigations.”
In response to this letter, the Mayor’s office maintained its position. As reported in the New York Daily News, “Asked if the Bloomberg administration plans to stop conducting the sting operations, Deputy Mayor Ed Skyler said, ‘Not necessarily.’" (New York Daily News, February 8, 2007)
Speaking about the change from the Mayor’s office, McDonnell noted, “I am pleased that Mayor Bloomberg has recognized the significance of this change in Virginia law. It appears his office is now fully committed to contacting the Virginia State Police with public safety concerns in Virginia. That is the traditional and appropriate course of action, and, after the July 1st implementation of the new law, the only legal course of action.”
McDonnell continued, “The legislation I referenced in my letter to Mayor Bloomberg was passed by an overwhelming bipartisan majority in the General Assembly this year, and signed, without amendment, by Governor Kaine. It is meant to ensure that there is no disruption of ongoing criminal investigations, no targeting of law abiding gun dealers, and no usurpation of Virginia law enforcement authority to enforce the laws of the Commonwealth. The Virginia State Police and our other law enforcement agencies do an excellent job enforcing firearm and other laws. I appreciate that the Mayor has pressing public safety concerns in New York City, and I will be delighted to work with New York officials to help address legitimate criminal justice matters. Virginia has long been a leader when it comes to protecting our citizens, while respecting the constitutional rights of law abiding gun dealers and owners. We will continue to lead in these areas, and work with the good people of New York to build safer communities.”
Today Attorney General McDonnell called his counterpart, New York Attorney General Andrew Cuomo, to discuss the most effective methods for the states law enforcement agencies to work together on public safety issues. McDonnell pledged the ongoing cooperation of Virginia officials to fight criminal activity of mutual interest to the states.
Attorney General McDonnell wrote to Mayor Bloomberg on April 13 as a courtesy to inform him of the passage of HB 2653 during this past session of the Virginia General Assembly, and will be effective July 1, 2007. The bill was initiated over concerns regarding the use of private, non-law enforcement agents by the Mayor of New York City to attempt simulated “straw purchases” of firearms in Virginia. The transactions were accomplished by the agents misrepresenting the actual buyer of the firearm and without authorization by Virginia law enforcement personnel.
The bill passed the House of Delegates by a unanimous vote and the Senate by a vote of 30-10. It was signed into law, without amendment, by Governor Tim Kaine. The new law, “Makes it a Class 6 felony for any person, except for a law-enforcement officer in the performance of his official duties or other person under the direct supervision of the law-enforcement officer, to attempt to solicit or otherwise entice a firearms dealer to transfer or otherwise convey a firearm other than to an actual buyer. A person who willfully and intentionally aids or abets a person violating this provision is likewise guilty of a Class 6 felony.”
