July 18, 2011

ATF Requiring Multiple Sales Reporting of Long Guns; Firearms Industry to File Suit

(GunReports.com)— The National Shooting Sports Foundation (NSSF) – the trade association for America’s firearms industry – announced today that it will file a lawsuit challenging the legal authority of the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the Gun Control Act to compel 8,500 federally licensed firearms retailers in Arizona, California, New Mexico and Texas to report the sale of two or more semi-automatic rifles larger than .22 caliber and capable of accepting a detachable magazine that are purchased following an FBI background check by the same individual within five consecutive business days.

At the time Congress authorized the reporting of multiple sales of handguns it could have required it for the sale of long guns, but it did not. ATF is clearly exceeding its lawful authority under the Gun Control Act. Current ATF Acting Director Ken Melson himself has previously questioned ATF’s legal authority to impose this new requirement.

“While we encourage all retailers, not just those along the southwest border, to continue to cooperate with ATF and report any suspicious activity, this is the proverbial ’slippery slope,’ “ said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “If ATF can require this record keeping and reporting requirement of law-abiding retailers in these four states simply by sending a letter demanding the information, than there is no record or report ATF can not require of any licensee, anywhere in the country for as long as ATF wants. They simply need to send a letter demanding it,” said Keane.

Operation Fast and Furious confirms what ATF has always maintained, that retailers are a vital source of information for law enforcement in combating illegal firearm trafficking. These retailers routinely report questionable transactions to authorities, including ATF. Throughout the Fast and Furious congressional investigation, it was suggested that federally licensed retailers were the original source of information that gave rise to the operation and retailers allowed ATF special agents to stand behind the counter of their shops so that they were better able to observe the transactions.

Even if ATF had the legal authority to require sales reporting for long guns, it is an ill-considered policy that will actually make it more difficult for retailers to cooperate with ATF. Illegal firearms traffickers will simply alter their schemes to avoid and evade the reporting requirement. For example, traffickers could simply recruit more “straw purchasers” and have them illegally purchase firearms from multiple licensees, or simply move their illegal trafficking activities to other states where the reporting requirement does not exist.

Comments (15)

Is there a legal angel to a class action law suit where the BAFTE can held resopnsable for putting law inforcment along the border in unnessary danger due to the failed policies of conducting an illeagel weapons transporting operation to known criminals and or narco-terrorest?

Posted by: Lone-ranger60 | July 31, 2011 12:14 AM    Report this comment

David. Congress funds the ATF and the last time I checked, the Executive branch WAS elected.
And I had dealings with ATF and DEA and Customs and the FBI, under republican administrations and they weren't any better then than they are now.

Posted by: Cecil B | July 30, 2011 11:45 AM    Report this comment

The only way the Second Ammindment will fall is if we lit it be picked at one little bit at a time. Whats that old song about the ant moving the rubber tree plant? Give them an inch and they will take a mile. I plan on printing this artical and taking it to all the gun shops in the area. Give the shop owners the web site and help start the ball rolling. Strenght in numbers.

Posted by: Lone-ranger60 | July 30, 2011 1:31 AM    Report this comment

Cecil S.

BATFE, DEA and FBI all report to AG Holder who is Obama's personal friend and protector (remember Marc Rich pardon & Clinton.).

So it is NOT Congress's "pecker"...it is the Executive branches..that explains WHY there is ONLY a major problem with BATFE under "Democrate Regimes!"

Posted by: DAVID D | July 28, 2011 1:38 PM    Report this comment

Remember, the Feds are just an extension of the pecker of elected officials. BATFE couldn't chop down a cherry tree without if falling on the chicken coop.

Posted by: Cecil B | July 28, 2011 1:22 PM    Report this comment

Millwright

If you want the BATFE to REQUIRE a separate reporting for multiple purchases on longarms, fine.......let CONGRESS PASS THE LAW, not and "Edict" from the BATFE or the Justice Department; i.e. Holder/Obama

You miss the WHOLE POINT.......this is an attempt to "create" gun control laws and registry's for "specific" arms, i.e. fireams with DETACHABLE magazine >22 cal. wich represent ~70% of ALL firearms sold today (both handguns and longarms. Should a "matter of national security; e.g. to PREVENT gun sumggling to Mexican cartels, REQUIRE" that all firearms with detachable magazines be sold only to LEO, or require $1,000/weapon license , then BATFE or Justice simply "state an edict!

No, this multiple Longarm reporting has NOTHING to do with PREVENTING gun sumggling......BATFE has done a GOOD JOB of facilitating that, this is about a "back door attempt" to disarm the American people and if a few hundred Mexicans and a few Federal officers die, collateral damage as they say!

Posted by: DAVID D | July 28, 2011 10:47 AM    Report this comment

Actually, this is one policy I agree with. Long guns should be treated in the same way as handguns. I know many on this site will disagree, but as a retired LEO, I think that not all gun regulations are bad.

Posted by: Millwright | July 28, 2011 10:19 AM    Report this comment

The retailers that sold the guns took the information to the BATFE like they where supose to and the BATFE told them they where on to the straw buys, and they screwed everthing up and the BATFE where following orders from holder and obama , that wanted a way to get our 2nd Amendment rights taken away from us, as simple as that, but 2 good LEO got murdered. So I say Defund BATFE and bring charges of murder and conspiricy against holder and obama and work you way down.

God Bless America and Our Troops Past Present and Future.
Keepng to My Oath Locked Loaded and Keeping My Powder Dry.
Get the US Out of the UN and the UN Out of the US

Posted by: bear1 | July 21, 2011 8:36 PM    Report this comment

Yet another situation where the Government want's to do something, Is told that they can't do it (as it's unconstitutional), Yet they keep on moving forward. We gotta tell 'em "NO!"

Posted by: Mister E | July 21, 2011 8:20 PM    Report this comment

The first "joint" a friend of mine scored came from an ATF agent, way back many years ago. They need to have their teeth pulled. Remember Ruby Ridge and the Waco debacle. Both launched by the ATF and turned into a Chinese fire and boat drill.

Posted by: Cecil B | July 21, 2011 8:00 PM    Report this comment

I concur with you David D. Defund the BATFE untill a Congressional investigation is compleated into operations Fast & Furious, Gun Walker, Casaway, Iron Pipeline, or what ever else they called this disgrace to law inforcement.

Posted by: Lone-ranger60 | July 21, 2011 6:14 PM    Report this comment

I concur that it is very important to call ones Representative and BOTH Senators and tell them to:

1)Defund BATFE, in totem until such time that this action is rescinded
2)“Review via Congressional Committee” BATFE’s historical record, per Congressional District of FFL “Inspections, infractions and actions and appeals.”
3)Have COMPLETE Accountability of Operation Gun Runner, Fast & Furious OR any other operational action involving illegal acquisition of firearms (in case they “changed the names”).

Understand, there is no way the BATFE “allowed” +2,400 weapons to “walk” into Mexican cartels under the lunatic pretense of “trying” to catch “big fish.”

“Freshman logic” would point to “political appointees” of the Justice Department; similar to the “atypical review” of Marc Rich’s pardon when Holder was Dept. AG under Reno/Clinton.

As John Lott pointed out, the current administration is the most anti-2nd Amendment in history, accordingly, “Freshman Logic” would conclude that the ONLY rationale for these illegal gun acquisitions and smuggling into cartels responsible for 40,000 murders since 2006 would be to “create a case” for an Executive Order to resolve the international gun smuggling, by fiat…just like this “reporting decree.”

Issa/Grassley will pursue this “to the final end” with their next committee on Tuesday.

This is NOT “plumbers” of a political rival or a “stained dress;” this has the potential to be in a league not seen in modern US history.

Posted by: DAVID D | July 21, 2011 4:44 PM    Report this comment

These rules that are being proffered by BATFE and by Obama's executive order are illegal and unconstitutional. Again, as I have noted in other discussion threads, ideological attacks on the executive branch don't seem to get very far. That said, we need to advise our elected representatives to continue with their ideological pursuits, but they also need to investigate methods of defunding these offensive activities. If you don't have money to do something, you aren't likely to continue doing it.

Posted by: canovack | July 21, 2011 4:00 PM    Report this comment

>90% of the ~ 2,500 weapons that ATF "allowed to walk" were semi-auto rifles & pistols >.22cal.."with detachable magazines" and .50 cal Browning "sniper" rifles. As noted in accompaning article (below on the website) reporting on 2010 guns maunfactured, 67% of ALL handguns sold in the US are SA >.22 cal.(with detachable magazines)and I "guarantee 70% of ther 1.8M "rifles" were SA >.22cal.

If the ATF can "send a letter" creating a registry, National Security issues; e.g. supplying gun cartels, could justify an EXECUTIVE ORDER!

Posted by: DAVID D | July 21, 2011 2:23 PM    Report this comment

ALL Federal law enforcement agencies should be abolished. Only thing that makes them super cops is that they have loads of money. They don't share info with the locals and generally look down on local police.

Posted by: Cecil B | July 21, 2011 2:11 PM    Report this comment

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