Parents say slain agent's death exposed flaws of gun-running operation

(CNN) -- Brian Terry's life serves as inspiration to those who knew him. His death, a thorn in the side of the federal government.

Terry, a 40-year-old federal agent, was killed December 14, 2010, after he confronted suspected drug bandits near the Arizona-Mexico border. Two weapons found near the scene of the killing were traced to a federal operation known as Fast and Furious.

The program, started in 2009, allowed firearms to be purchased from gun stores in Arizona and taken across the Mexican border to drug cartels. The intent of the operation was to monitor the flow of weapons to their ultimate destination.

But hundreds of weapons were lost or unaccounted for. When two of them showed up near Terry's body, furor erupted, and the program folded.

Terry's grieving mother, Josephine, was incredulous that her son's life had been taken with a gun that should have been confiscated.

Policymakers in Washington have been at odds over what happened, as evidenced in hearings this week.

Who knew what about the operation and when?

Terry's parents, Josephine and Kent Terry Sr., filed a $25 million wrongful death claim Wednesday in an Arizona court. Their son's name spurs the contentious Fast and Furious debate, scorned by critics as a travesty. His name is published in newspapers, and his face appears on television as the Justice Department defends itself before angry lawmakers.

But they must live every day with the memory of the man who triggered the fury.

They remember a boy who grew up happy in a Detroit suburb wearing color-coordinated clothes. Sometimes, he even missed the bus because he was fussing over the way he looked. His parents chalked it up to his drive for perfection.

He led the "Dead End Gang," a group of the neighborhood boys who built forts in the woods near their homes and played ball in the local park.

The court documents filed Wednesday also portrayed a boy prone to accidents who quickly got to know the sting of stitches and hospital rooms. He even chopped off the tips of three of his fingers once, when he was helping his dad cut wood.

His parents say their son's eyes lit up at the sight of a police patrol car or the sound of a siren. He told a trooper, "I'm gonna be a police officer when I grow up."

The Marine Corps put him closer to his dream, and with a degree in criminal justice, Terry landed his first job as a police officer in a suburban town close to where he grew up. Eventually, he became a Border Patrol agent in Arizona.

The local gym in Sierra Vista had to order 150-pound dumbbells just for Terry's workout as he focused on keeping himself fit. His goal was to join an elite tactical unit that required grueling training. And when he succeeded in securing a job there, he felt that he had realized his life's mission.

He was patrolling some of the most dangerous areas of American soil, where battles raged between rival Mexican drug cartels. His family knew he risked peril every day.

The cartels often armed themselves with sophisticated rifles and firearms purchased in U.S. gun "straw shops." Cartel members hired men and women with clean records who could pass the background checks to buy the weapons for them.

The Justice Department put its Fast and Furious operation, named after the action film, in place to try to trace where the guns ended up. It let the guns "walk" from the shops.

Terry's family claims that despite red flags about Fast and Furious, about the guns being used to commit acts of violence, the government allowed it to continue.

That's how on January 16, 2010, Jaime Avila walked into the Lone Wolf Trading Company in Glendale, Arizona, purchased two AK-47-type assault rifles and walked out, according to a federal indictment. He lied and said the guns were for his personal use.

On the night he died, Terry had been patrolling the hills with three other agents in the remote Peck Canyon area, known for illicit drug activity, They were looking for suspected illegal immigrants affiliated with the drug cartels, according to documents submitted by his family in the wrongful death claim.

The agents came across five men; two were carrying AK-47-type rifles.

The details of what happened next are murky. But Terry reported over the radio that shots had been fired. Paramedics and a medevac chopper were on the scene within minutes. But they were not fast enough.

They rushed Terry to a hospital when they could not find a pulse. He was pronounced dead moments later.

Four of the five bandits escaped. Avila was arrested and indicted with Uriel Patino, another straw buyer.

Terry's family claims that the federal government knew long ago that Avila's guns killed Terry, that their program was responsible for an agent's death. But they lied, Terry's parents say in their claim, to hide the failure of their program.

Some of Terry's colleagues have spoken out against Fast and Furious, including agent John Dodson, who expressed concern to lawmakers in Washington last year.

"I cannot begin to think of how the risk of letting guns fall into the hands of known criminals could possibly advance any legitimate law enforcement interest," he said. "I hope the committee will receive a better explanation than I."

Terry's family is also waiting for an explanation.

Brian Terry should not have died that night in the lonely Arizona desert. But his death, his parents believe, was not in vain, for all that it brought to light.

By: Moni Basu, CNN

Make My Day law for business advances in Colorado

DENVER – Colorado takes pride in its Western entrepreneurial spirit — and that extends to the belief of some lawmakers that business owners should be able to use deadly force against anyone who tries to take what's theirs.

It's an idea that conjures Clint Eastwood's Dirty Harry, and its supporters have taken liberties with the hardboiled character's famous line in naming their measure "Make My Day Better."

The state already has a law that allows people in homes to gun down invaders, and the bill's sponsor, Republican state Rep. Chris Holbert, is asking lawmakers to weigh: "Are you worth somehow less in the workplace than you are in your residence?"

Opponents, including some in law enforcement, consider the plan an overreach.

"This bill gives business owners a license to kill when nothing is threatened other than property," Democratic state Rep. Claire Levy said.

Most states have some variation of a self-defense law. In legislatures from Alaska to Oklahoma, lawmakers are considering adopting or extending such protections.

On Thursday, Republicans in a Colorado House committee advanced the measure to extend "Make My Day" home protections to businesses on a 6-5 party line vote. The bill, which includes provisions to protect property, is expected to pass the Republican-controlled state House, but fail in the Democrat-controlled state Senate.

Republicans found motivation for the proposal about five years ago after a Denver nightclub owner shot an intruder and was charged with attempted murder, and have unsuccessfully introduced a version of the measure in several sessions.

Holbert said the bill's opponents raised concerns when the state passed a "Make My Day" law back in the '80s.

"The opponents to that law were quite sure that we would have an increase in people just being shot on doorsteps, and that hasn't been the case," he said.

Holbert said, "This isn't a blanket coverage to do bad things."

Oklahoma already has self-defense protections for business owners, but this year lawmakers are considering strengthening the law after some high-profile shootings.

On New Year's Eve, a young widow armed with a shotgun and a pistol gunned down a knife-wielding intruder at her rural mobile home. Prosecutors said she was justified under the law.

In another shooting, a homeowner in an Oklahoma City suburb shot and killed an armed invader who was breaking into his duplex.

Oklahoma's law allows deadly force when someone unlawfully and forcibly enters a business. Lawmakers want to clarify language so it applies to people who enter dwellings legally — but with bad intentions.

Other states are having similar discussions.

Alaska lawmakers are considering a bill similar to Florida's "Stand Your Ground" law, which provides some of the nation's widest-ranging protections. It allows anyone who can carry a gun to kill in self-defense anywhere firearms are allowed.

Wisconsin and North Carolina passed laws last year giving business owners the power to use deadly force. And Utah is considering legislation that would protect people from being sued if they use a weapon to protect their property.

The attempted murder charge against the Colorado nightclub co-owner in the 2006 shooting was later dropped, but the case gained notoriety because gun rights advocates argued the business owner was acting in self-defense.

Detractors, meanwhile, questioned whether the businessman was the aggressor.

More recently, two armed men entered a cash-checking business in suburban Denver and were involved in a shootout with employees. One of the suspected robbers was killed.

Two years earlier, a would-be robber was also killed during an attempt on the same business.

Aurora police spokesman Frank Fania said prosecutors are reviewing the most recent case at the cash-checking business, but noted that no charges were filed when a robber was killed.

"I don't think we need a law," Levy said. "There is a right to self-defense. So if your person is threatened, you always have that right. This law just goes so far. It goes beyond defense, this says you're immune."

Luke O'Dell, a spokesman for Rocky Mountain Gun Owners, said business owners are not always spared legal scrutiny, referring to the case of the Denver nightclub owner.

By: Associated Press

FOX Bans Firearms and Ammunition Advertisements

hunting and shooting sports industry — has learned that FOX Sports Media Group has banned advertisements featuring firearms and ammunition from its coverage of Ultimate Fighting Championship (UFC) events.

While the UFC has yet to make an official announcement, NSSF has confirmed that “absolutely no firearms, ammo, hunting or knife companies will be permitted as sponsors in any Zuffa-promoted events.”

NSSF is encouraging all gun owners, sportsmen and firearms enthusiasts to contact FOX today and urge them to rescind this anti-gun corporate policy. FOX’s decision to ban advertisements for lawful products owned by more than 80 million Americans is nothing more than corporate gun control. We expect better from FOX. So should you.

Make sure your voice is heard. Here’s how to contact FOX:

Corporate Headquarters FSN
10201 W. Pico, Bld. 103
Los Angeles, CA 90035
Phone: 310-369-1000
Web: www.FOXSports.com

By: National Shooting Sports Foundation