Proposed ATF reg on multi-rifle sales

Discussion in 'Legal & Political Archive' started by, Jan 1, 2011.

    Northern Virginia, USA
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    I just joined the forum and hope that you will forgive the immediate ask for help. I noticed many of you had observed the latest ATF power grab -

    I would like to urge all of you to lodge comments AGAINST this proposed regulation as described on our blog

    Commenting on BATFE rifle registration «

    It is critical that we raise as many objections to this issue as possible. Here is some interesting notes on why this is just a bad idea.

    This "information collection action" as it is being called was dropped on us December 17th, 2010 with a request for public comment. The projected close date is January 5th, 2011. There are 2 government holidays and the Christmas recess prior to the adjournment of Congress additionally in this time period. The "so called" emergency is something that as we all know is totally false, made up out of lies & half truths. The cite for the 'need' the emergency declaration requires is CFR 5 part 1320.13. According to part 1320, and emergency declaration requires a justification letter from the agency to OMB which ought to prove interesting.

    Also, the number for OMB listed in the 'information collection action' is INCORRECT!

    Some in Congress are already opposing this

    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:
    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. I would also encourage as many as possible to register your objection with your congressional delegation. This type of action should require nothing less than a FULL 90 day comment period.

    Don't think this is a waste of time, Congress has pulled regulations back before, and they can and will do it now if we express enough support for it.

    Remind them that Congress can, and has intervened to "extend the comment period" on regulations. See:

    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.

    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:
    ( White House delayed rule meant to stop gun flow to Mexico ).

    * 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.

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