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Andrew Traver: Is Obama's choice for ATF chief an 'antigun zealot'?

Obama's nomination of Andrew Traver to head the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reignites concern that the White House wants to whittle away at gun rights. The last time that happened, Americans armed up.

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"You might as well put an arsonist in charge of the fire department," Chris Cox, a National Rifle Association spokesman, told the NRA-sponsored radio show "Cam & Co."

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But Traver also has pluses as a nominee. He has a moving personal story about surviving a serious illness and returning to duty, a recovery helped along by Ken Bennett, who served as director for then-Senator Obama's Illinois office. Gun smuggling on the border, especially the flow of arms from the US to cartels in the Mexico drug wars, has also piqued concern about the ATF's effectiveness.

Traver has appeared on TV to raise awareness about gun violence – in one case helping a TV reporter rapid-fire bullets from a machine gun that is not legal to sell in the US. His main legacy, perhaps, is his work giving final approval to gang sweeps in the Chicago suburbs. He treated gangs "as criminal organizations rather than loose affiliates of neighborhood thugs," writes the Chicago Sun-Times.

Former ATF special agent William Vizzard, now a criminologist at California State University, Sacramento, says Traver's nomination is unusual in that ATF leadership has tended toward Southern and rural, not Northern and urban.

"The real heart of this is, it doesn't really matter that much who the director of the ATF is, given the current state of the law," says Mr. Vizzard. "If you look at the pattern over the last 10 years, [pro-gun groups] won the Heller case [at the Supreme Court], they've gotten permissive carry [rights] in most states, there's no major gun legislation floating around anywhere. And they're still paranoid."

ATF is the lead agency regulating more than 200 million privately owned firearms. It has been involved in some of America's deadliest homeland conflicts, including the incidents at Waco, Texas, and Ruby Ridge, Idaho in the early 1990s, both of which were cited by Timothy McVeigh as motivation for bombing the Alfred P. Murrah Federal Building in Oklahoma City in 1995.

The big question now is whether the Senate will hold confirmation hearings or whether Obama makes Traver a recess appointment after Congress adjourns, meaning Traver would take office but would face a later Senate confirmation.

But even if the Senate were to vote Traver down, the White House doesn't necessarily lose, says Mr. Kopel at the Independence Institute. Traver's nomination by itself is a "way to improve [Obama's] standing" among campaign donors who strongly favor gun control, he says.

The nomination comes as the NRA is pushing Congress to pass the ATF Reform and Firearms Modernization Act, which would, among other things, force the ATF to ease up on defendants who say they didn't knowingly violate gun laws.

Opponents say the measure would weaken the ATF's ability to prosecute corrupt gun dealers and to stem the flow of black market weaponry. In that light, "this long-needed appointment is welcome news,” said Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, in a statement.

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