Gunleaders Blog

Suggested comments for opposing ATF’s rifle sale registration. You can mail them to oira_submission@omb.eop.gov This e-mail address is being protected from spambots. You need JavaScript enabled to view it :

I am writing to oppose the Information collection action to register multiple sales of certain rifles with BATFE from the 04/29/2011 Federal Register: http://www.gpo.gov/fdsys/pkg/FR-2011-04-29/pdf/2011-10355.pdf

This information collection is both illegal and unnecessary.

* The action 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.

* Analysis of the number of firearms seized shows that Mexico is being primarily supplied with firearms by South American countries, NOT the United States. In fact, a STRATFOR report indicates that fully 90% of of the firearms traced in Mexico are NOT coming from the United States, contrary to assertions in the mainstream media: http://wwwprod-1756134246.us-west-1.elb.amazonaws.com/index.php?q=weekly/20110209-mexicos-gun-supply-and-90-percent-myth.

Additionally, Wikileaks cables have shown the US Government is at least partially responsible for supplying Mexico from the United States: http://narcosphere.narconews.com/notebook/bill-conroy/2011/02/pentagon-fingered-source-narco-firepower-mexico. These firearms are NOT from the US commercial market.

* Source documents of the BATFE uncovered by US Senator Grassley and US Representative Issa show that BATFE has been complicit in supplying Mexican Narco-terrorist forces with firearms: http://www.scribd.com/doc/49971654/2011-03-03-CEG-to-DOJ-ATF.

* ”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 should not be approved.