Today’s federal register has a panicky sounding ATF request for emergency information collection – Just a little over a year ago ATF dropped their emergency request to implement the rifle sale registration scheme on us. Here, the scenario looks a little different.
Emergency review is being requested in accordance with the Act (44 U.S.C. 3507(j)), because if normal clearance procedures are followed, significant public confusion is reasonably likely to result. The Department believes that in the absence of emergency clearance, there will be widespread confusion among Federal firearms licensees, as well as among aliens lawfully present in the United States who wish to purchase a firearm, about a process that if not performed correctly can result in the imposition of civil or criminal sanctions. This public harm can be avoided by emergency review. See
44 U.S.C. 3507(j)(1)(B)(i). The Department is making conforming changes to the information collection instrument (ATF Form 4473, Firearms Transaction Record Part I—Over-the- Counter) so that the information collected is consistent with the requirements of law. The Department has recently concluded that two existing applications of the Gun Control Act (GCA) by ATF impose restrictions upon the lawful receipt and possession of firearms by aliens present in the United States that are not supported by the GCA. In particular, ATF regulations that extend the reach of 18 U.S.C. 922(g)(5)(B) to prohibit the possession of firearms by all nonimmigrant aliens (unless they qualify for one of the exceptions contained in 18 U.S.C. 922(y)(2)) are unwarranted in existing law, and may only extend to nonimmigrant aliens who have been admitted to the United States under a nonimmigrant visa. …
Ok. So, ATF have been routinely violating ’68 GCA.
Who’s being prosecuted?
ATF Form 4473 is being revised to distinguish between nonimmigrant aliens admitted to the United States under a nonimmigrant visa and those who were admitted without a visa, and to strike an instruction on the form requiring aliens to establish residence in a State continuously for a period of at least
90 days prior to the date they propose to acquire a firearm from a Federal firearms licensee. Immediate revisions to Form 4473 are necessary to conform with the law …
Everyone knows that ATF NEVER does anything that is in the best interest of gun owners. Ask a Branch Davidian. Their mission is to prohibit firearms to various demographics, confiscate firearms and imprison those with firearms that they don’t burn to death. While on the surface it appears to be correcting ATF’s violation of GCA ’68, ask yourself: Why now, Christmas weekend, over a period of time in which the federal government is largely out of the office on vacation, Congress is out of session just like last year when ATF tried to cram through their multi-rifle-sale reporting scam?