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.

http://www.washingtonpost.com/wp-dyn/content/article/2010/12/17/AR2010121706598.html

“Senior law enforcement sources said the proposal from the ATF was held up by the White House in early summer. The sources, who asked to be anonymous because they were discussing internal deliberations, said that the effort was shelved by then-White House chief of staff Rahm Emanuel … The plan… was perceived as too volatile just before midterm elections, the sources said.”

But wait…  [Emanuel spokesman] “LaBolt said that Emanuel recommended Andy Traver of Chicago to be nominated by Obama to be director of the ATF and was the “point man” in the Clinton administration when Congress passed an assault weapons ban and required background checks for gun sales”  Mr. Traver has been exposed all over the internet as a gun owning citizen hater who will stop at nothing to suppress the rights of citizens to own & use firearms.

So in summary, the Obama white house orchestrates a scheme to register long guns.

They craft it under the guise of stemming the alleged flow of guns into Mexico.  That myth has already been debunked.  Realizing that the plan jeopardized the political futures of several prominent Democrats, the administration held it until after the 2010 mid term elections.   The same guy who pushed for holding up the registration plan recommends Andrew Traver to lead BATFE.  It all fits quite nicely.

Text here: http://edocket.access.gpo.gov/2010/pdf/2010-31761.pdf

Report of Multiple Sale or Other Disposition of Certain Rifles.

Bureau of Alcohol, Tobacco, Firearms and Explosives
[OMB Number 1140–NEW]
Agency Information Collection Activities: Proposed Collection; Comments Requested
ACTION: 60-Day Emergency Notice of Information Collection Under Review: Report of Multiple Sale or Other Disposition of Certain Rifles.
The Department of Justice, Office of Justice Programs, will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with emergency review procedures of the Paperwork Reduction Act of 1995. OMB approval has been requested by January 5, 2011. This notice requests comments from the public and affected agencies concerning the proposed information collection. If granted, the emergency approval is only valid for 180 days. Comments should be directed to OMB, Office of Information and Regulation Affairs, Attention: Department of Justice Desk Officer (202) 395–6466, Washington, DC 20503.
During the first 60 days of this same review period, a regular review of this information collection is also being undertaken. All comments and suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Barbara A. Terrell, Barbara.Terrell@atf.gov Firearms Industry Programs Branch, Fax (202) 648–9640, Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE., Washington DC 20226.
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information. Your comments should address one or more of the following four points:

—Evaluate whether the proposed
collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

—Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

—Enhance the quality, utility, and clarity of the information to be collected; and

—Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Summary of Collection:
(1) Type of information collection: New.
(2) The title of the form/collection: Report of Multiple Sale or Other Disposition of Certain Rifles.
(3) The agency form number, if any, and the applicable component of the department sponsoring the collection: Form Number: ATF F 3310.12. Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or For-Profit Other: None.
Need for Collection
The purpose of the information is to require Federal Firearms Licensees to report multiple sales or other dispositions whenever the licensee sells or otherwise disposes of two or more rifles within any five consecutive business days with the following characteristics: (a) Semi automatic; (b) a caliber greater than .22; and (c) the ability to accept a detachable magazine.
(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 8,479 respondents will complete a 12 minute form.
(6) An estimate of the total public burden (in hours) associaed with the collection: The estimated total public burden associated with this information collection is 1,696 hours.
If additional information is required contact: Lynn Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, 145 N Street, NE., Two Constitution Square, Room 2E–502, Washington, DC 20530.
Dated: December 14, 2010.
Lynn Murray,
Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. 2010–31761 Filed 12–16–10; 8:45 am] BILLING CODE 4410–FY–P

This regulation attempt is subject to public comment so COMMENT!

Harry Houdini spent a good portion of his career exposing charlatans who said they could communicate with the dead.  Were he alive today he would have had a field day with Supreme Court Justice Breyer.  On Fox News Sunday (Dec. 12), Breyer made the astounding claim that “….Madison included the Second Amendment to appease the states”.

Breyer continued that, ‘That being the case, and particularly since the Founding Fathers did not foresee how modern day would change individual behavior, government bodies can (emphasis added) impose regulations on guns.’  “Change individual behavior”?  Really?  So, in more than 200 years human behavior has changed?  I would ask the Justice exactly how it has changed.  Is there no more good and evil in the world or would the Justice have us believe there is only evil, more evil, more good, what, exactly?  His argument is specious at best and an affront to all at worst.

These profound (and I use the word with a great deal of sarcasm) words from a learned scholar who sits on the highest court in our land.  I cannot imagine what the Justice would do if left to his own devices.

The full interview can be found here:

 http://www.foxnews.com/on-air/fox-news-sunday/transcript/reps-paul-ryan-chris-van-hollen-talk-policy-politics-justice-stephen-breyer-new-book?page=4