Gunleaders Blog

Give the Bureau of Alcohol, Tobacco, Firearms, Explosives & Conflagration credit, they are sneaky.  They dropped their proposed regulation to register “multiple, certain rifle sales” on 12/17/2010.  They’re asking for a “temporary” and emergency rule to permit them to do this. Remember folks, Income Tax was “temporary” when it was introduced too.  So Saturday the rule was posted on Regulations.gov.  Monday morning, it is no more.  Why?  One can only wonder because the folks at OMB and ATF were not forthcoming.  We called them.  However, one can speculate in the light of history.  Considering the overwhelming number of pro-gun comments to the National Park Service when they finally relented on their ban on self defense, it’s pretty obvious they’re trying very hard to avoid the light of day.

So we’re looking at 2.5 weeks to generate comments on a regulation of this magnitude?  During holiday season?  No online comments for this regulation.  Congress to recess in mere days.  Nicely done.

To log your comments on the proposed registration, you MUST use one of 3 options.

1:  Fax your comments to (202) 648-9640

2:  email your comments to:  barbara.terrell@atf.gov

3:  Mail your comments via USPS to:

Firearms Industry Programs Branch, Bureau of Alcohol, Tobacco, Firearms and Explosives

99 New York Avenue, NE.

Washington DC 20226

Attn.: Barbara Terrell Re: FR Doc. 2010–31761

Please do one or more as time permits.

Here are some suggested comments, please feel free to modify, distribute, and socialize these and any other comments opposing this regulation.

I am writing to oppose the so called emergency regulation to register multiple sales of certain rifles with BATFE as described in FR Doc. 2010–31761 from the 12/17/2010 Federal Register.  http://edocket.access.gpo.gov/2010/pdf/2010-31761.pdf

This regulation is both illegal and unnecessary.  Further there is no justification for any “emergency” implementation as reported by the Washington Post:

White House delayed rule meant to stop gun flow to Mexico, Washington Post, Dec. 17, 2010, On-line edition:
( http://www.washingtonpost.com/wp-dyn/content/article/2010/12/17/AR2010121706598.html ).

*  The regulation proposed is outside the statutory grant of authority to record information about multiple sales of firearms.  Title 18 U.S.C. § 923(g)(3)(A) specifically grants the authority to collect multiple sale information on handguns and revolvers.  Other firearms are excluded and there is no implied authority to extend this reporting requirement to rifles or any other type of firearm.

*  ”FFL” holders are already required by law to respond to BATFE requests for information on firearms distribution pursuant to criminal investigations:  Title 18 U.S.C. § 923(g)(7).

*  The regulation contains no provision for the destruction of information collected, which establishes a nationwide registry of “certain types of firearms” as proposed. Because of this the regulation as proposed is illegal under Title 18 U.S.C. § 926(a).  ”No such rule or regulation … may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established.”

There is a grave potential for this regulation to unduly burden citizens who are collectors or must obtain purchase permits at the local or state level to possess firearms. The proposed regulation does not say what the agency intends to do with the information but ostensibly it would be for criminal investigations. Subjecting law abiding gun owners to this type of investigation under the guise of “information collection” is an overt attempt to prevent them from exercising their 2nd Amendment rights to purchase and own firearms.

*  This regulatory action has not allowed the public sufficient time to comment.

This regulatory action should not be approved.