Gunleaders Blog

ATF again seeking comments on registering “certain” rifles

by on Apr.29, 2011, under Uncategorized

http://www.gpo.gov/fdsys/pkg/FR-2011-04-29/pdf/2011-10355.pdf

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: 202– 395–7285, or e-mailed to oira_submission@omb.eop.gov. All comments should be identified with the OMB control number [1140–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.  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.

Suggested comments here

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. 2010–31761 from the 12/17/2010 Federal Register.  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.  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.

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