{"id":4100,"date":"2011-07-27T14:09:00","date_gmt":"2011-07-27T14:09:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2011\/07\/27\/report-demand-letters-on-multi-rifle\/"},"modified":"2019-08-16T18:15:38","modified_gmt":"2019-08-16T18:15:38","slug":"report-demand-letters-on-multi-rifle","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=4100","title":{"rendered":"Report &#8211; Demand Letters On Multi-Rifle Sales To Start August 14th"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:16150,&quot;href&quot;:&quot;http:\\\/\\\/www.gunlaws.com\\\/index.htm&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;https:\\\/\\\/www.gunlaws.com\\\/index.htm&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p><a href=\"http:\/\/www.gunlaws.com\/index.htm\" target=\"_blank\" rel=\"noopener\">Alan Korwin, who publishes a number of books on gun laws in the states<\/a>, is reporting that August 14th is the start date for the demand letters from ATF to Southwestern FFLs. In an email alert sent out on Monday night (July 25th), he reports:<\/p>\n<blockquote><p><i>According to four BATFE agents familiar with the planned Fast and Furious<br \/>\ngun-smuggling &#8220;fix,&#8221; the bureau plans to release a &#8220;demand letter&#8221; by the<br \/>\nend of this week, insisting that gun dealers in the four Mexico-border<br \/>\nstates begin reporting multiple rifle sales to the bureau.<\/p>\n<p><b>All multiple rifle sales made to the same buyer within a five-day period<br \/>\nwill have to be reported beginning on August 14, on a form to be announced,<br \/>\naccording to the agents. <\/b>The order will exclude rifles in .22 caliber, and<br \/>\nrifles without detachable magazines. The agents acknowledged that<br \/>\ncongressional action, lawsuits, an injunction or other court orders might<br \/>\nforestall the implementation of the hastily concocted scheme. Such<br \/>\npreventive measures are already underway.<\/p>\n<p>The rumored executive order to require gun dealers in California, Arizona,<br \/>\nNew Mexico and Texas to begin reporting multiple rifle sales to BATFE will<br \/>\nnot be issued. A previous Page Nine report that referred to the expected EO<br \/>\nnow appears incorrect. It is possible that the uproar over the program<br \/>\ncaused the administration to change its approach, and put all the heat on<br \/>\nBATFE to &#8220;enact&#8221; law without Congress. The EO was widely reported and<br \/>\nanticipated.<\/p>\n<p>An exhaustive examination of statutory authority under which BATFE is<br \/>\nrequired to operate revealed no legitimate power to demand these records,<br \/>\nthough the agents claimed they do have authority (two younger ones said<br \/>\nthey have no control over the process, and were simply following along).<br \/>\nWhen questioned if they would consider resigning if asked to implement an<br \/>\nillegally introduced rule, the agents all either declined to answer or said<br \/>\nno, they would not resign.<\/p>\n<p>Because a buyer will have to be identified to show that the sales reflect<br \/>\npurchase by one person, the record collections will be a gun registry tied<br \/>\nto gun ownership, which is strictly forbidden under federal law. No<br \/>\nrequirement to destroy these records exists, since no authority to collect<br \/>\nthe records exists. The BATFE agents said they would not be keeping the<br \/>\nrecords, because they &#8220;lack authority,&#8221; but could not identify a time frame<br \/>\nin which the registry information would be destroyed, or any audit trail.<\/p>\n<p><b>When pressed, the senior official identified a statute that supposedly<br \/>\nconveyed authority for the daring plan. The citation is to 18 USC<br \/>\n\u00a7923(g)(5)(A)<\/b> which states:<\/p>\n<p>&#8220;Each licensee shall, when required by letter issued by the Attorney<br \/>\nGeneral, and until notified to the contrary in writing by the Attorney<br \/>\nGeneral, submit on a form specified by the Attorney General, for periods<br \/>\nand at the times specified in such letter, all record information required<br \/>\nto be kept by this chapter or such lesser record information as the<br \/>\nAttorney General in such letter may specify.&#8221;<\/p>\n<p>This does not confer the needed authority, because &#8220;all record information<br \/>\nrequired to be kept by this chapter&#8221; does not include multiple sales of<br \/>\nlong guns to the same person in a five-day period. The agent disagreed. In<br \/>\nfact, Congress specifically excluded such information when it enacted, by<br \/>\ndue process, a statute requiring similar information for handguns in the<br \/>\nsame law, in 18 USC \u00a7923(g)(3)(A):<\/p>\n<p>&#8220;Each licensee shall prepare a report of multiple sales or other<br \/>\ndispositions whenever the licensee sells or otherwise disposes of, at one<br \/>\ntime or during any five consecutive business days, two or more pistols, or<br \/>\nrevolvers, or any combination of pistols and revolvers totalling two or<br \/>\nmore, to an unlicensed person.&#8221;<\/p>\n<p>In addition to the creation of this illegal reporting requirement, illegal<br \/>\ngun-owner registry, with unknown details and no public control over the<br \/>\nrule-making process, it amounts to record keeping specifically banned under<br \/>\nthe Firearm Owners Protection Act, 18 USC \u00a7926(a)(2):<\/p>\n<p>&#8220;No such rule or regulation prescribed after the date of the enactment of<br \/>\nthe Firearms Owners Protection Act [5\/19\/86] may require that records<br \/>\nrequired to be maintained under this chapter or any portion of the contents<br \/>\nof such records, be recorded at or transferred to a facility owned,<br \/>\nmanaged, or controlled by the United States or any State or any political<br \/>\nsubdivision thereof, nor that any system of registration of firearms,<br \/>\nfirearms owners, or firearms transactions or disposition be established.&#8221;<\/p>\n<p>Like so many laws the federal government writes, this one declares that<br \/>\nthese acts cannot legally be done, but provides no specific punishment for<br \/>\nperpetrators, such as those running this scheme inside BATFE. Laws could be<br \/>\nwritten with teeth, to control bureaucrats. Instead of saying, &#8220;No one may<br \/>\ncollect this information,&#8221; the law could say, &#8220;Anyone who collects this<br \/>\ninformation shall go to prison and pay a fine.&#8221; Given the common abuses now<br \/>\nprevalent in government, such laws have been needed for a long time, on a<br \/>\nstate and local level as well as federally, some legislators say. Any<br \/>\nlegislator unwilling to draft laws that way, allowing &#8220;officials&#8221; to do<br \/>\nwhatever they please without consequence, deserve to be removed from<br \/>\noffice, according to leading experts.<\/i> <\/p><\/blockquote>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>Alan Korwin, who publishes a number of books on gun laws in the states, is reporting that August 14th&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"footnotes":""},"categories":[1],"tags":[3132,3696],"class_list":["post-4100","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-alan-korwin","tag-multi-long-gun-reporting-requirement"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/4100","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4100"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/4100\/revisions"}],"predecessor-version":[{"id":7026,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/4100\/revisions\/7026"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4100"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4100"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4100"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}