Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Get Ready For RICO

Wednesday, May 23, 2007

RICO. That acronym for the Federal Racketeer Influenced and Corrupt Organizations Act of 1970 represents the single most dangerous threat to gun rights looming on the near political horizon. It is the hidden centerpiece ofU.S. Sen. Chuck Schumer’s, D-N.Y., anti-gun-rights legislation--S. 77--and the absolute short-term lobbying target of New York City Mayor Michael Bloomberg’s axis of 160 urban mayors throughout the country.

RICO, when it was enacted in 1970, was intended to make prosecutions of organized crime figures easy, and was called the “hydrogen bomb” of federal criminal law.

It lifts all manner of normal due process and lowers the burden of proof needed to convict defendants. And it empowers federal authorities to freeze all assets of RICO defendants upon mere indictment so that they are denied the means to pay for a defense.

One measure of any law--no matter how well meaning the sound of its title--is how it will be administered in the wrong hands. For RICO, the wrong hands could well be the next presidential administration. Or it could be a rogue blue-state mayor or urbanU.S. attorney.

Remarkably, there is nothing in RICO that is not already illegal. Rather, it creates a new layer of criminal acts called “derivative crimes” based on what the law spells out as “predicate” crimes, which include violation of any law or even regulation specifically named as “predicate” under RICO statutes. Two such “predicate” offenses within a 10-year period is the standard for creating a RICO prosecution.

For RICO to kick in, there is no requirement of conviction involving an original “predicate” allegation.

RICO also provides federally assisted avenues for “racketeering” civil actions under which individuals or organizations can sue other individuals or entities and collect triple damages.

Such suits--especially when tied into RICO provisions providing loose allegations concerning “racketeering conspiracies”--would resurrect the big-city agenda to kill outright or extort total control over lawful firearms commerce in America.

Among the bizarre legal theories that drove a series of New York City lawsuits against the firearms industry was the absurd notion that a conspiracy existed among lawful firearms producers and distributors to intentionally “overproduce guns” to ultimately fill a huge illegal gun market run by criminals circumventing federal law. It was, of course, an insane theory, but clearly with RICO as a tool, a future attorney general in, say, a Hillary Clinton administration, could revisit such theories and likely prevail.

In fact, were S. 77 or any similar legislation expanding RICO to become law, RICO provisions could wipe out any protections against new punitive lawsuits that were ostensibly ended by enactment of the Protection of Lawful Commerce in Arms Act of 2005.

But there is an even more evil side to RICO civil action--punitive suits to take down opponents on purely political hit lists.

In fact, were S.77 or any similar legislation expanding RICO to become law, RICO provisions could wipe out any protections against new punitive lawsuits that were ostensibly ended by enactment of the Protection of Lawful Commerce in Arms Act of 2005.

Keep in mind that a series of civil RICO actions was indeed brought by the National Organization for Women against individuals and groups alleged to be involved in peaceful picketing of abortion clinics, claiming “extortion” as the predicate offense. Ultimately, theU.S. Supreme Court threw out those actions, but considerable damage was done to many groups and individuals all the same.

As for the immediate short-term goals of Bloomberg and Schumer, look no further than S. 77. The same RICO civil litigation tools that are ready-made for destruction of the firearm industry could also become the means to vindictively pursue individual gun owners.

One of the best descriptions of the criminal law aspects of RICO can be found in a 2004 monograph by William L. Anderson and Candice E. Jackson, published by the Independent Institute:

“[I]t has been used--with federal judges, members of Congress, and the press acting as cheerleaders--to overturn the protections inherent in due-process guarantees of theU.S. Constitution … in a RICO case, those charged are treated as guilty until proven innocent.”

If applied to federal gun control statutes as prescribed in S. 77, RICO would open the way for unprecedented civil liberties abuses against Americans who practice the Second Amendment.

Remember, to trigger a RICO prosecution, federal authorities only need to claim “a pattern of racketeering activity” based solely on allegations of two or more RICO predicate violations within a 10-year period.

For a federal firearm dealer living under Schumer’s S. 77, such a “pattern” could entail two simple paperwork errors involving anything Schumer might claim to include “illegal gun trafficking” within a decade, or any number of unknowing, innocent business mistakes.
Once RICO comes into play, the dealer, or an accused individual, is subjected to a whole new set of procedures and rules that make defense difficult, if not nearly impossible.

While the current burden of proof for conviction of a Gun Control Act “predicate” charge is the high constitutional bar of “guilt beyond reasonable doubt,” the burden of proof for the racketeering “derivative crime” is merely that required in civil cases--guilt based on the “preponderance of evidence.” There is, of course, an enormous difference.

But what makes RICO so dangerous for firearm owners and those in the lawful trade of firearms is that knowledge--“state of mind”--is neither a defense nor a requirement for prosecution.

Where many predicate crimes require overwhelming proof that they were committed “willfully”--that is, intentionally, with full knowledge of the law and its consequences--RICO derivative crimes require no such state of mind. Nothing. A breach of the law alone constitutes the sole evidence considered by a court.

Yet there is another “state of mind” issue that also factors into the inherent dangers of RICO--the malicious state of mind of those who would abuse the law to federally prosecute gun owners.

What RICO Could Really Mean

It is obvious how RICO could be used against any business entity or person in the lawful chain of federally licensed commerce. Yet what about individual gun owners?

What about the danger to any organization a RICO defendant might be associated with or have membership in? Under RICO, federal prosecutors could claim such an entity is a related “racketeering enterprise.” Gun clubs. Collectors’ associations. The NRA. All could be in danger.

For firearm collectors, and especially for ordinary, casual firearm owners who know little about federal gun laws, there are already provisions on the books that present a terrible potential danger for individual gun owners under RICO.

For example, it is a federal felony to transfer a firearm from one individual across state lines to another without going through a federally licensed dealer for the transaction.

Here’s a plausible RICO scenario:

As a birthday gift, a grandfather in Belpre, Ohio, gives a 1930s vintage Savage .410 single-barrel shotgun to his

TRENDING NOW
Beto Going All-In on Confiscation

News  

Sunday, September 15, 2019

Beto Going All-In on Confiscation

Democrat Presidential candidate Beto O’Rourke continues to struggle to gain any sort of traction for his campaign. With some polls putting him in 10th place, and his average sitting around 7th, some might say that it is desperation ...

NRA Names Jason Ouimet to Head NRA Institute for Legislative Action

News  

Hunting  

Thursday, September 19, 2019

NRA Names Jason Ouimet to Head NRA Institute for Legislative Action

The National Rifle Association’s executive vice president and CEO, Wayne LaPierre, has named Jason Ouimet to serve as executive director of the NRA’s Institute for Legislative Action (NRA-ILA). The NRA Board of Directors unanimously affirmed ...

California: Carson City Council Fails to Pass Unconstitutional Resolution Targeting Lawful Firearm Possession and Sales

Wednesday, September 18, 2019

California: Carson City Council Fails to Pass Unconstitutional Resolution Targeting Lawful Firearm Possession and Sales

Yesterday, September 17, the Carson City Council failed to pass anti-gun Resolution 19-1693.  ​The resolution was being pushed by Mayor Albert Robles in an effort to prohibit firearm dealers and firearm possession in the City of Carson to the ...

Tell Your Lawmakers: No Semi-Auto and Magazine Ban!

News  

Sunday, September 15, 2019

Tell Your Lawmakers: No Semi-Auto and Magazine Ban!

The Democrat Party is now so aligned with gun control that every major candidate running for its 2020 presidential nomination recently appeared in a propaganda video produced by one of the nation’s most active firearm prohibition groups. ...

U.S. Supreme Court Schedules NRA-Supported Second Amendment Case for Argument

News  

Friday, September 20, 2019

U.S. Supreme Court Schedules NRA-Supported Second Amendment Case for Argument

In January, the U.S. Supreme Court agreed to hear a Second Amendment challenge to a gun control law for the first time in nearly 10 years. The case arose from a New York City regulation that banned ...

NRA Files Suit Against San Francisco for Violating First Amendment

News  

Sunday, September 15, 2019

NRA Files Suit Against San Francisco for Violating First Amendment

On September 3, the San Francisco Board of Supervisors smeared millions of law-abiding Americans by unanimously adopting a resolution that designated NRA a “domestic terrorist organization.” Less than one week later, on September 9, NRA filed a federal lawsuit ...

New Hampshire: House to Vote on Gov. Sununu's Vetoes of Anti-Gun Bills

Tuesday, September 17, 2019

New Hampshire: House to Vote on Gov. Sununu's Vetoes of Anti-Gun Bills

On Wednesday, September 18th, the New Hampshire House of Representatives will vote on Governor Chris Sununu's vetoes of three anti-gun bills sent to his desk by the General Court.  Anti-gun Representatives who remain stubbornly committed to ...

House Democrats Continue Unprecedented Push for More Gun Control

News  

Sunday, September 15, 2019

House Democrats Continue Unprecedented Push for More Gun Control

As was continually threatened while Congress was on its six-week Summer break, House Democrats hastily convened a hearing on Tuesday to promote their latest batch of anti-gun bills.  The House Judiciary Committee’s markup of three bills, ...

California: Carson City Council to Hear Unconstitutional Resolution Targeting Lawful Firearm Possession and Sales

Tuesday, September 17, 2019

California: Carson City Council to Hear Unconstitutional Resolution Targeting Lawful Firearm Possession and Sales

Today, September 17 at 5pm PST, the Carson City Council will be considering a late addition to this evening’s City Council meeting, Resolution 19-1693.  ​The resolution is being pushed by Mayor Albert Robles in an effort to prohibit firearm ...

NASCAR Takes a Hard Left

News  

Friday, August 30, 2019

NASCAR Takes a Hard Left

After decades of NASCAR drivers literally turning left for hours every race day (road course races excluded, of course), the governing body appears to be taking a figurative left turn, politically. K-Var, a retailer in outdoor and ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.