Archive for April, 2011
The purpose of this notice is to allow for an additional 30 days for public comment until May 31, 2011. This process is conducted in accordance with 5 CFR 1320.10. To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: DOJ Desk Officer, Fax: 202â€“ 395â€“7285, or e-mailed to email@example.com. All comments should be identified with the OMB control number [1140â€“NEW]. Also include the DOJ docket number found in brackets in the heading of this document.
Don’t let this go unanswered, comment on this proposal. Â The previously posted suggested comments still apply:
Please feel free to use these comments as a starting point for your own, copy & paste them directly, modify them to suit your tastes but whatever you do please comment on this proposal.
and copied below
I am writing to oppose the so called emergency regulation to register multiple sales of certain rifles with BATFE as first described in FR Doc. 2010â€“31761 from the 12/17/2010 Federal Register. Â http://edocket.access.gpo.gov/2010/pdf/2010-31761.pdf and subsequently at http://www.gpo.gov/fdsys/pkg/FR-2011-04-29/pdf/2011-10355.pdf.
This regulation is both illegal and unnecessary. Â Further there is no justification for any â€œemergencyâ€ 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:
(Â http://www.washingtonpost.com/wp-dyn/content/article/2010/12/17/AR2010121706598.html ).
* Â The regulation proposed is outside the statutory grant of authority to record information about multiple sales of firearms. Â Title 18 U.S.C. Â§ 923(g)(3)(A) specifically grants the authority to collect multiple sale information on handguns and revolvers. Â Other firearms are excluded and there is no implied authority to extend this reporting requirement to rifles or any other type of firearm.
* Â â€FFLâ€ holders are already required by law to respond to BATFE requests for information on firearms distribution pursuant to criminal investigations: Â Title 18 U.S.C. Â§ 923(g)(7).
* Â The regulation contains no provision for the destruction of information collected, which establishes a nationwide registry of â€œcertain types of firearmsâ€ as proposed. Because of this the regulation as proposed is illegal under Title 18 U.S.C. Â§ 926(a). Â â€No such rule or regulation â€¦ 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.â€
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 â€œinformation collectionâ€ is an overt attempt to prevent them from exercising their 2nd Amendment rights to purchase and own firearms.
* Â This regulatory action has not allowed the public sufficient time to comment.
This regulatory action should not be approved.
Mr. George Allen
Candidate for US Senator from Virginia
101 E. Cary Street
Richmond, VA 23219
Dear Mr. Allen,
Thank you for contacting us about the 2012 election for United States Senator in Virginia. Â As you know, the 2010 ‘midterm’ elections were of profound importance to gun owners across the United States. Â Previously, while you held elected office as a United States Senator from Virginia, gun owners engaged you for support in repealing the firearms ban in National Parks and Wildlife Refuges. Â We were saddened and disappointed that you did not assist in any meaningful way and instead allowed your successor to drive the effort home through the promulgation of a new regulation and eventually culminating in a completed repeal thanks to the hard work of United States Senator Tom Coburn.
I understand that you want to raise money for your campaign against challengers for the Virginia Senate seat in the 2012 election. Â We at Gunleaders.com have always supported free and open elections and we particularly support those candidates who unflinchingly support the right to keep and bear arms.
Please rest assured we will keep your views in mind as the 2012 elections draw near.
With warmest regards,
From Patricia Webb, Virginia Coordinator of the 2A Sisters-
Hat tip to Michael Bane