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Melson Addresses FFL’s On The “Two-A-Day” Requirement

December 22, 2010 by 1 Comment

The ATF obviously wants to get the message about about their new “emergency” initiative to require Federal Firearms Licensees (FFL’s) to report the purchase of two or more semi-automatic rifles in calibers greater than .22 and with a detachable magazine.

ATF put a video up on their website with a message from Deputy Director Kenneth Melson on the proposed requirement as well as the transcript of the video. Thanks to David Codrea it is now on YouTube.

Transcript of ATF Acting Director Melson — Webcast
December 20, 2010

Acting Director Announces Demand Letters for Multiple Sales of Specific Long Guns in Four Border States
Hello, I’m Ken Melson, the Acting Director of ATF.

A recent initiative by the Bureau of Alcohol, Tobacco, Firearms and Explosives has caught the attention of national media outlets. I wanted to make sure everyone heard from me about this law enforcement initiative so there isn’t any confusion.

Recently, ATF announced through the Federal Register our intent to initiate a new Demand Letter requiring the reporting of multiple sales of certain long guns by Federal Firearms Licensees, known as FFLs, in the four Southwest Border States. We took this step as a way to help gain actionable law enforcement intelligence which we believe will help reduce criminal firearms trafficking along the Southwest border.

Before we can actually issue the Demand Letter we must receive approval from the Office of Management and Budget for purposes of the paperwork reduction act. We expect to receive that approval in early January, 2011.

As many of you already know, the goals of ATF’s Southwest border firearms trafficking strategy are:

•: To prevent violent crime;
•: Ensure the safety of the communities and law enforcement situated along the Southwest Border;
•: And to disrupt and dismantle the firearms trafficking networks responsible for the diversion of firearms from lawful commerce into the hands of the Mexican Drug Trafficking Organizations (DTOs)
Since 2006, there has been a significant increase in drug and firearms-related violence in Mexico and along our Southwest border. In response to this increased violence, ATF has deployed focused resources nationally to prevent the firearms trafficking along the Southwest Border and into Mexico.

According to ATF trace data, investigative experience, and Mexican law enforcement officials, a large number of rifles are being used in violent crimes in Mexico and along the border. Our new Demand Letter will implement a limited reporting of multiple sales of certain long guns that functions similarly to the current practice of reporting on the multiple sales of handguns. Currently, all FFLs in the country are required to submit a report of multiple sales to the National Tracing Center when an FFL sells two or more handguns to the same purchaser within five consecutive business days.

The proposed Demand Letter, which is narrowly circumscribed to meet our objectives, will apply a similar reporting requirement to certain long guns, but with these distinct differences:

First, the reporting requirement will apply only to FFLs doing business in Texas, New Mexico, Arizona and California, which are major source states for crime guns seized in Mexico and traced to federal firearms licensees.

Secondly, the reporting requirement applies only to those rifles having all of the following characteristics:

•: A semi-automatic action;
•: A caliber greater than .22; and
•: The ability to accept a detachable magazine.
These specific characteristics subject a very narrow group of long guns that have been identified by ATF and the Government of Mexico as being involved in violent crimes in Mexico to the reporting requirement.

This reporting requirement would apply to the disposition of all rifles in the inventory of the FFLs exhibiting these characteristics, both new and used.

Third, we propose to implement this initiative as a pilot project for a period of one year.

Taken together, limiting the geographic scope, impacting a limited number of licensees, affecting a specific group of rifles, and limiting the duration of this reporting requirement, form a tailored, discreet, responsible and proactive response to a significant law enforcement issue.

Let me be absolutely clear. The purpose of requiring FFLs to report the specified multiple long gun sales in these four source states is to identify criminal firearms traffickers, not to prevent the full and free exercise of our Second Amendment rights, or to encumber the FFLs with burdensome paperwork.

These reports will give ATF real-time leads for the investigation of gun trafficking. ATF’s experience in these source states proves that multiple purchases of the described rifles are strong indicators of firearms trafficking to Mexico. By obtaining information about these multiple sales, ATF increases the likelihood of uncovering and disrupting trafficking schemes before the firearms make their way into Mexico.

I know that FFLs are good citizens who share ATF’s interest and commitment in keeping guns out of criminal hands. Working together we can do that without infringing on the rights of law abiding Americans.

I guess when you are pushing an initiative that contravenes the authority given to your agency by Congress as well as a shorter than required comment period, you really need to get your propaganda ducks in a row.  Too bad we are on to him if not the mainstream media.

H/T David Codrea for the video. Make sure to read his column on this.

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Plaintiffs File A Motion For Summary Judgment In NJ Challenge

December 22, 2010 by

Attorneys for the plaintiffs in the New Jersey case challenging the restrictiveness of the state’s concealed carry law, Muller et al v. Maenza et al, have filed a motion for summary judgment. This is the case in which both the Second Amendment Foundation and the Association of New Jersey Rifle and Pistol Clubs have banded together with a number of individual plaintiffs to challenge the constitutionality of the NJ concealed carry law.

You can read the motion here.

While I haven’t had time to read it, I thought it was important to get this information out as quickly as possible. As Sebastian has noted, this case is a facial challenge as opposed to an as applied challenge.

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Off To The People’s Republic of Illinois

December 21, 2010 by

We are leaving in a few minutes for St. Louis and the People’s Republic of Illinois. To paraphrase Toy Story II, I’ve got my traveling buddy!

Sammy

UPDATE: After arriving in Illinois yesterday afternoon, we went out shopping with family to Walmart. Going around with my nephew in the sporting goods department, I realized it would be ridiculous to check the price of ammo as I don’t have a FOID card and they couldn’t sell it to me.

I wondered if Walmart had a no CCW sign on the door while waiting for everyone to check out. Well, duh! This is Illinois and they don’t allow concealed carry. Hopefully, after the first of the year they will be the only remaining backward state that doesn’t allow concealed carry. I think the recent election results in Wisconsin should mean they will leave the dark side.

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Brian Aitken’s Sentence Commutted by Gov. Christie

December 21, 2010 by 2 Comments

Here is the official commutation order:

Office of the Governor
Office of Constituent Relations
Post Office Box 001
Trenton, New Jersey 08625-0001

GOVERNOR CHRIS CHRISTIE ELECTRONIC RESPONSE

Please see below the signed commutation order for Brian Aitken, signed by Governor Christie at 4:30 pm today.

ORDER FOR COMMUTATION OF SENTENCE

WHEREAS, Brian D. Aitken was convicted of Possession of Dum-Dum
Bullets in the Fourth Degree in violation of N.J.S.A 2C:39-3(f)(l), Possession of
Large Capacity Ammunition Magazine in the Fourth Degree in violation of
N.J.S.A 2C:39-3(j), and Unlawful Possession of a Handgun in the Second
Degree in violation of N.J.S.A 2C:39-5(b) in the Superior Court, Law Division
(Criminal), Burlington County, New Jersey, and was sentenced on August 27,
2010 under Indictment No. 09-03-00217-1 to a seven-year term of imprisonment
with a three-year mandatory minimum; and

WHEREAS, the said Brian D. Aitken, caused to be made a written
application to the Governor for a Commutation of Sentence for the aforesaid
crimes of which he was convicted, and the State Parole Board, upon request of
the Governor in accordance with the law, has made an investigation of the facts
and circumstances concerning said application for a Commutation of Sentence;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New
Jersey by virtue of the authority conferred upon me by the Constitution of New
Jersey and the statutes of this State, do hereby grant to the said Brian D. Aitken,
a commutation of the aforesaid sentence to time sewed, and satisfied on
December 20,2010.

IT IS FURTHER ORDERED, that Brian D. Aitken’s release from the
custody of the New Jersey Department of Corrections be effected as soon as
administratively possible, or within a reasonable period to allow for release
processing pursuant to customary policy and procedure. ,

This Order is subject to revocation at any time, at the discretion of the
Governor, without notice.

The Free Brian Aitken page on Facebook has lots of discussion about it.

NJ.com has the story here and the Philadelphia Inquirer has the story here. Some of the comments from the anti-gun sorts make my blood boil but I’ll just leave it at that.

Congratulations to Brian Aitken and his family. I hope his appeal which is pending totally overturns the conviction.

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Bradys All For ATF Reporting Requirement

December 20, 2010 by 3 Comments

The Brady Campaign is very much in favor the ATF’s proposed “temporary” requirement that sales of more than one semi-automatic rifle with certain characteristics in a five day period be reported to ATF. I know that surprises no one. Here is their (as usual) misleading press release on the proposal:

Brady Campaign Applauds ATF Plan to Collect Reports of Bulk Weapons Sales
“A step toward battling Mexican gun violence”

Dec 17, 2010

Washington, D.C. – The Brady Campaign to Prevent Gun Violence today applauded the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for its plan to issue an emergency rules change to require that federally-licensed gun dealers near the Mexico border report multiple sales of assault weapons.

Under the proposal published in the Federal Register today, certain gun dealers would be required by a “demand letter” issued by the ATF to alert the agency when they sell two or more semi-automatic rifles greater than .22 caliber with detachable magazines to the same person within five consecutive business days

“It makes sense that law enforcement should be alerted if someone is buying 5, 10, or 100 assault weapons, when it’s likely that those guns could be headed to drug cartels in Mexico,” said Paul Helmke, President of the Brady Campaign. “It will give ATF the same amount of information about people who buy military-style assault weapons in bulk that they already have had for more than 40 years about people who buy handguns in bulk. It’s the kind of crime-fighting information that our law enforcement officials ought to have if we want to reduce the number of assault weapons being trafficked illegally to Mexico, as well as to American cities.”

While the National Rifle Association and other gun lobby groups have already expressed strong opposition to this attempt to stop illegal gun trafficking and curb gun violence in Mexico, the Brady Campaign noted that the Obama Administration has clear legal authority to require the bulk sales reports. “Demand letters” were used during the Clinton administration to force dealers with high crime gun traces to submit additional information to the ATF and the courts have upheld their use. For example, in 2001, the 4th Federal Circuit Court of Appeals rejected a challenge to this authority by former NRA Board member and gun shop owner Sandy Abrams, whose license was eventually revoked for massive violations of federal gun laws.

The Brady Campaign also urged the Obama Administration to develop a comprehensive approach to gun violence by advancing policies to require background checks on all gun sales at gun shows, limit the bulk sales of guns and restrict access to military-style weapons. “Steps like these will improve our border security and our ‘hometown security’ in neighborhoods and communities of the United States,” added Helmke.

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MAIG And CredoAction Push Traver In Joint Website

December 20, 2010 by 1 Comment

Michael Bloomberg’s Mayors Against Illegal Guns and CredoAction have formed a joint website to push the nomination of Andrew Traver to head ATF. The website is called TopCopNow.org. They say that Traver:

Special Agent Andrew Traver has dedicated his career to keeping our families and communities safe from gun violence. He understands firsthand the challenges that the ATF faces and knows what our agents need to keep guns out of the hands of criminals.

CredoAction is a one of the parts of the liberal funding group Working Assets. The group promotes their credit card, cellular service, and long-distance telephone service as a way to support “progressive causes”. With regard to CredoAction, they say, “Our CREDO Action Web site plugs you into a network of like-minded citizen activists and provides easy and effective ways to take action on the issues you care about..” Among the other causes they are promoting currently is the START Treaty and opposition to the crackdown on Julian Assange and WikiLeaks.

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Bloomberg’s Mayors Endorse Andrew Traver

December 20, 2010 by

Somehow along the way I missed this press release from MAIG. They released it in November with their endorsement of Andrew Traver.

November 16, 2010
No. 9

STATEMENT OF MAYORS AGAINST ILLEGAL GUNS CO-CHAIRS BLOOMBERG AND MENINO ON PRESIDENT OBAMA’S NOMINATION OF ANDREW TRAVER AS ATF DIRECTOR

Joint Statement of Coalition Co-chairs Michael R. Bloomberg and Thomas M. Menino:

“On behalf of the more than 500 mayors who have been petitioning for tougher
enforcement of our nation’s gun laws, we commend the President on his nomination of Andrew Traver to lead the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Mr. Traver has dedicated his career to keeping guns out of the hands of criminals, and his nomination to this post as America’s top cop on illegal guns deserves careful and swift review by the U.S. Senate.”

About Mayors Against Illegal Guns

Since its inception in April 2006, Mayors Against Illegal Guns has grown from 15
mayors to over 500. Mayors Against Illegal Guns has united the nation’s mayors around these common goals: protecting their communities by holding gun offenders and irresponsible gun dealers accountable, demanding access to trace data that is critical to law enforcement efforts to combat illegal gun trafficking, and working with legislators to fix gaps, weaknesses and loopholes in the law that make it far too easy for criminals and other prohibited purchasers to get
guns.

Contact: Mayor Bloomberg’s Press Office (212) 788-2958
Mayor Menino’s Press Office (617) 635-4461

UPDATE: David Codrea at the National Gun Rights Examiner received a very interesting email from a confidential source regarding the Traver nomination. The bottom line is that this nomination is not good for ATF. As the source put it, “Appointing Traver has f***ed ATF royally.”

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BATFE And Proposed “Two-A-Day” Long Arms Regulation

December 20, 2010 by 1 Comment

The Washington Post is reporting that the BATFE is requesting an “emergency regulation” that would require Federal Firearms Licensees along the Mexican border to report any sale of two or more semi-automatic rifles in a caliber greater than .22 that may accept a detachable magazine within any five consecutive day period. The actual language from the Federal Register reads:

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.

The Post headlines the article “Proposal calls for gun dealers to report bulk sales of assault weapons” which makes it seem like BATFE is talking about crate sized sales of AK’s and AR’s sold in Arizona. Despite what the Post would have you believe, it doesn’t matter if you live in Tucson, Arizona or Talkeetna, Alaska the requirement is the same.

The National Shooting Sports Foundation calls the Post on this and has some suggestions for commenting on this proposed “emergency regulation”:

ATF to Require Multiple Sales Reports for Long Guns
December 17, 2010 By Larry Keane

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is moving to require federally licensed firearms retailers to report multiple sales of modern sporting rifles beginning January 5, 2011. Specifically, the ATF requirement calls for firearms retailers to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles that are capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

Today’s Washington Post suggests that the reporting mandate would be limited to retailers along the Southwest border; however, the Federal Register Notice does not limit the geographic scope of the reporting requirement.

This ATF “emergency” mandate was originally pushed by the anti-gun Mayors Against Illegal Guns (MAIG) coalition, headed by New York City Mayor Michael Bloomberg, more than a year and a half ago. And the Post reports that the Department of Justice has “languished” over this plan for several months. Given this timetable, it’s hard to see exactly where the “emergency” is.

The National Shooting Sports Foundation opposes this reporting requirement because it further burdens America’s law-abiding firearms retailers with yet another onerous regulation that will do nothing to curb crime. Multiple sales reporting of long guns will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement, thereby driving traffickers further underground. This is not unlike how criminals maneuvered around one-gun-a-month laws in states like Virginia – which is still considered an “exporting source state” by anti-gun organizations like the MAIG despite its restrictions on the number of firearms law-abiding residents may purchase.

Multiple sales reporting for long guns is an ill-considered mandate and one that ATF does not have the legal authority to unilaterally impose. In fact, ATF has not specified under what legal authority it presumes to act. The decision as to whether ATF can move forward with this agenda-driven mandate will be left to Cass Sunstein who heads the White House Office of Information and Regulatory Affairs (OIRA). This is the same Cass Sunstein who in a 2007 speech at Harvard University said, “We ought to ban hunting, if there isn’t a purpose other than sport and fun. That should be against the law. It’s time now.”

NSSF will be submitting comments in opposition to this registration scheme and is encouraging all firearms retailers, sportsmen and enthusiasts to do the same.

Please voice your concern by doing the following:

1. Call the Office of Management and Budget, Office of Information and Regulation Affairs, Department of Justice, Desk Officer at (202) 395-6466.

2. E-mail Barbara A. Terrell, ATF, Firearms Industry Programs Branch at Barbara.Terrell@atf.gov

3. Call your Senators and Representative: United States Capitol Switchboard: 202-224-3121

Points to make:

1.Multiple sales reporting of long guns will actually make it more difficult for licensed retailers to help law enforcement as traffickers modify their illegal schemes to circumvent the reporting requirement. Traffickers will go further underground, hiring more people to buy their firearms. This will make it much harder for retailers to identify and report suspicious behavior to law enforcement.

2.Long guns are rarely used in crime (Bureau of Justice Statistics).

3.Imposing multiple sales-reporting requirements for long guns would further add to the already extensive paperwork and record-keeping requirements burdening America’s retailers – where a single mistake could cost them their license and even land them in jail.

4.Last year, ATF inspected 2,000 retailers in border states and only two licenses were revoked (0.1%). These revocations were for reasons unknown and could have had nothing to do with illicit trafficking of guns; furthermore, no dealers were charged with any criminal wrongdoing.

5.According to ATF, the average age of a firearm recovered in the United States is 11 years old. In Mexico it’s more than 14 years old. This demonstrates that criminals are not using new guns bought from retailers in the states.

6.Congress, when it enacted multiple sales reporting for handguns, could have required multiple sales of long guns – it specifically chose not to.

This “emergency regulation” goes along with the Department of Justice Inspector General report on Operation Gunrunner released back in November. At the time, Deputy Director Kenneth Melson said he concurred in the recommendation to require reporting of multiple long arm sales but thought it required a change in the law. Now that Andrew Traver has been nominated as Director and I presume is now the Acting Director of ATF, I guess how the law reads is of no great importance as long as the words “emergency” and “Mexico” are used in conjunction.

See also Sebastian’s post regarding the statutory authority for BATFE to do this. There is none.

UPDATE: Thanks to Kurt Hofmann, .45Superman, who pointed out that the caliber restriction is for calibers greater that .22 which presumably means an AR-15 in .223 would be covered. I had originally read it as .22 or above. I guess they were afraid of irritating people who were merely buying Ruger 10/22’s for their twin sons.

UPDATE II:  David Codrea put up a special Gun Rights Examiner column on this issue. It is well worth reading. With regard to the ATF’s notice in the Federal Register, he says:

That’s funny. I don’t see anything in there about “Assess where in the Constitution such authority in data-gathering is determined consistent with the intent of the Founders that ‘the right of the people to keep and bear arms shall not be infringed.’” I guess that kind of archaic thinking generally results in a scornful “Are you serious?” rejection these days…

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Is Harry Reid Greasing The Skids For Andrew Traver?

December 19, 2010 by

According to a post from the NFA Owners Association, it seems that Senate Majority Leader Harry Reid has not scheduled any hearings or votes on the nomination of Andrew Traver to head ATF.

From their post:

“Pinky” Reid is showing his true colors again.
He is stealthily, but very clearly, supporting anti-gun zealot Andrew F. Travers, to become the new head of BATFE. He has to do this by stealth in order to maintain the myth that he is a strong supporter of our RKBA.

Reid has NOT made any real effort to ensure the Traver nomination is voted on before congress adjourns.

This is typical of him.

He will let Traver become a recess appointment, then continue to claim that he “really does” support our RKBA. If anyone complains he will deny all responsibility, probably blaming the republicans for time running out.

Readers here might remember that one of the claims for allowing Reid to remain in office was that he is SENATE MAJORITY LEADER, and a (claimed) supporter of our RKBA. IF he TRULY wanted Traver’s nomination to be scheduled and voted on it would be.

I checked with his DC and local office, asking when a hearing would be held.
They could not give me a direct answer. The D.C. office insisted they did not know, and transferred me to a busy signal. The Carson office promised to send me a written response, which I expect to get several days after the question is moot.

We can let him slide on this, or we can demand that he actually make more than a token effort to REPRESENT US on this!

Contact info:

Senator Harry Reid (D) NV.
Web site: http://reid.senate.gov
Mail: United States Senate
Washington, DC 20510-2803
Ph. (202) 224-3542, Fax (202) 224-7327

Carson City – Ph. (775) 882-7343

Reno – Ph. (775) 686-5750

Las Vegas Ph. (702) 388-5020

Rural Mobile – Ph. (775) 772-3905

Using senate rule 14 Reid could easily bring the Travers nomination to a vote before the “Lame Duck” session’s end.

That he is NOT doing so confirms for me that he intends to see ATF headed by an anti-RKBA zealot via “Recess Appointment”, and deny all responsibility for it.

I checked status on this before posting, as of today there is still no hearing scheduled for the Travers appointment.

While this does make some sense and would make it easier for Traver to be a recess appointment, I have to say I doubt that not scheduling a vote on Traver is akin to pushing Traver. Reid has plenty of other things on his agenda before the end of this session that are of greater importance to both Reid and Obama than Andrew Traver. Indeed, Reid has threatened to not recess the Senate in order to get it all in before the new Congress forms in January.

Full hearings in the Judiciary Committee take time for any nomination. Checking the committee’s website, no hearings of any sort have been scheduled for the month of December. They also have a number of judicial nominees that have had their hearings waiting for confirmation.

The last hearings held by the full committee were on November 17th which was the same day that Traver’s nomination was sent to the Senate. The hearings on the 17th were for judicial nominations from May.

Frankly, I hope Harry Reid carries through with his stupid obstinate refusal not to recess because it prevents any recess appointments. Let’s face it, castrating the U.S. military’s nuclear capability is more important to Obama and Reid than Andy Traver.

H/T SayUncle