multi-long gun reporting requirement

The comment period for the ATF’s proposed requirement on reporting of multiple sales of certain semi-automatic rifles ends tomorrow. There is still time to submit a comment. I have made it easy for you. To submit a pre-written comment just go here, put in your name, e-mail address, and optionally, your city and state. Hit “Send Email” and away it goes to the OMB.

Through 9pm Saturday evening, the form letter generator had sent 2,142 letters to the Office of Management and Budget opposing ATF’s rule making. “P.T.” sent the following screen shots of the number of entries received on Friday and on Saturday (through 9pm). The total number in that 48 hours is 2,401 according to his comments.

According to Sitemeter statistics, this blog had 2,556 hits on Friday and 2,440 hits on Saturday. My estimate is that 75% plus of those hits were in response to the letter generator. If you visited and didn’t submit a letter, go back and do it!

If you want to submit a longer, more detailed letter, go to my post here and cut and paste it.

As to why you should do it, read Kurt Hofmann’s post at the St. Louis Gun Rights Examiner. The title of his column says it all – “Celebrating those who died for liberty, too lazy to spend 1 minute to defend it?” Kurt notes, you aren’t being asked to defend Bastogne against the Nazis like certain veterans from WWII were asked to do – and did. All we are asking you to do is take less than one minute to send a pre-written letter opposing the ATF’s power grab.

In addition, read David Codrea’s National Gun Rights Examiner column where he asks if gun owner apathy will allow ATF to impose this requirement. While you are at it, read what Chris Knox of The Firearms Coalition had to say about it. He gives you pre-written text that you can use if you don’t want to take the easy way.

The tide in the war for gun rights has turned and we have won many battles lately starting with the Heller decision. This is not the time to become apathetic and complacent. It is time to drive home the win and keep the astro-turfing gun prohibitionists in retreat.

The comment period for objecting to the proposed ATF requirement that FFL’s in the Southwest border states report multiple sales of certain semi-automatic rifles is May 31st. The gun prohibitionists flooded the ATF with comments the first time and are geared up to do it again.

Comments need to be sent by May 31st to oira_submission@omb.eop.gov

I have a couple of examples of letters that can be sent. You just need to cut and past this into your email program, add your name and address, and send it. Feel free to edit the letters as you wish. The keys are to submit it by May 31st, to send it to the address above, and to include the control number – OMB Control Number 1140-New.

If I can find any form letter generators with this info, I will post it.

Long Letter

Re: OMB Control Number 1140-New

I am writing to oppose the Information collection action to register multiple sales of certain rifles with BATFE from the 04/29/2011 Federal Register: http://www.gpo.gov/fdsys/pkg/FR-2011-04-29/pdf/2011-10355.pdf.

This information collection is both illegal and unnecessary.

* The action 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.

* Analysis of the number of firearms seized shows that Mexico is being primarily supplied with firearms by South American countries, NOT the United States. In fact, a STRATFOR report indicates that fully 90% of of the firearms traced in Mexico are NOT coming from the United States, contrary to assertions in the mainstream media: http://wwwprod-1756134246.us-west-1.elb.amazonaws.com/index.php?q=weekly/20110209-mexicos-gun-supply-and-90-percent-myth.

Additionally, Wikileaks cables have shown the US Government is at least partially responsible for supplying Mexico from the United States: http://narcosphere.narconews.com/notebook/bill-conroy/2011/02/pentagon-fingered-source-narco-firepower-mexico. These firearms are NOT from the US commercial market.

* Source documents of the BATFE uncovered by US Senator Grassley and US Representative Issa show that BATFE has been complicit in supplying Mexican Narco-terrorist forces with firearms: http://www.scribd.com/doc/49971654/2011-03-03-CEG-to-DOJ-ATF.

* ”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 should not be approved.

Short Letter

Re: OMB Control Number 1140-New

I am writing to oppose the Information collection action to register multiple sales of certain rifles with BATFE from the 04/29/2011 Federal Register: http://www.gpo.gov/fdsys/pkg/FR-2011-04-29/pdf/2011-10355.pdf

This information collection is both illegal and unnecessary.

Specifically addressing your request for comments on 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, the collection of this additional data will impede the proper function of ATF field operations.

Even when firearm’s dealers in the Southwest voluntarily provided information on multiple semi-automatic rifle sales to the ATF in an effort to prevent straw purchases and illegal sales, the ATF could not keep up with the volume of information. Adding a requirement that ALL dealers submit this information will create information overload. Because of this it would not have practical utility and would impede proper performance of the agency.

This regulatory action should not be approved.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives opened the 30-day comment period on their proposed requirement that Southwest FFL’s submit reports of multiple sales of certain semi-automatic rifles. The full proposal is below and the comment period is open until May 31st.

If they aren’t misstating the prior comments, then the gun control groups were able to get many more comments submitted than those who believe in freedom. Time to start writing!!

In addition to submitting a comment, make sure to write your Congressman about supporting Sen. Jon Tester’s S. 570 which would prohibit ATF from tracking multiple sales of long arms.

[Federal Register: April 29, 2011 (Volume 76, Number 83)]
[Notices]
[Page 24058-24059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap11-114]

———————————————————————–

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

[OMB Number 1140-NEW]

Agency Information Collection Activities; Proposed Collection
Comments Requested: Report of Multiple Sale or Other Disposition of
Certain Rifles

ACTION: 30-Day Notice.

———————————————————————–

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco,
Firearms, and Explosives (ATF) will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995. The proposed information collection is published
to obtain comments from the public and affected agencies. This proposed
information collection was previously published in the Federal Register
Volume 75, Number 242, page 79021 on December 17, 2010, allowing for a
60-day comment period. ATF received 12,680 comments from this
collection (8928 commenters support the collection, and 3752 commenters
opposed to the collection).
The purpose of this notice is to allow for an additional 30 days
for public comment until May 31, 2011. This process is conducted in
accordance with 5 CFR 1320.10. To ensure that comments on the
information collection are received, OMB recommends that written
comments be faxed to the Office of Information and Regulatory Affairs,
OMB, Attn: DOJ Desk Officer, Fax: 202-395-7285, or e-mailed to oira_
submission@omb.eop.gov. All comments should be identified with the OMB
control number [1140-NEW]. Also include the DOJ docket number found in
brackets in the heading of this document.
Comments and suggestions from the public and affected agencies
concerning the proposed collection of information are encouraged. Your
comments should address one or more of the following four points:

–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;
–The accuracy of the agency’s estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used;
–The quality, utility, and clarity of the information to be collected;
and
–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.

Overview of This Information Collection

(1) Type of Information Collection: New.
(2) Title of the Form/Collection: Report of Multiple Sale or Other
Disposition of Certain Rifles
(3) Agency form number, if any, and the applicable component of the
Department of Justice sponsoring the collection: Form Number: ATF F
3310.12. Bureau of Alcohol, Tobacco, Firearms and Explosives.
(4) Affected public who will be required to respond, as well as a
brief abstract: Primary: Business or For-Profit. Other: None. Abstract:
The purpose of this information collection 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
with the following characteristics: (a) Semi-automatic; (b) a caliber
greater than .22 (including .223/5.56 caliber); and (c) the ability to
accept a detachable magazine, to the same person at one time or during
any five consecutive business days. This requirement will apply only to
Federal Firearms Licensees (FFLs) who are dealers and/or pawnbrokers in
Arizona, California, New Mexico and Texas.
(5) An estimate of the total number of respondents: ATF estimates
that 8,479 respondents will be subject to the reporting requirement.
However, ATF anticipates fewer than 30% of the potential respondents
will be required to report multiple sales of the subset of rifles that
is the subject of this collection. This estimate is based upon the fact
that, during fiscal year 2010, 2,509 FFLs in the affected states
submitted reports of multiple sales of hand guns. ATF estimates that a
similar number of FFLs are likely to submit reports of multiple sales
of the subject rifles.

[[Page 24059]]

(6) The estimated average burden per respondent: In fiscal year
2010, 36,148 reports of multiple sales of hand guns sales were
submitted by FFLs in the four southwest border states. Because the
specified rifles ((a) semi-automatic; (b) a caliber greater than .22
(including .223/5.56 caliber); and (c) the ability to accept a
detachable magazine) are a subset of the long gun category, we estimate
we will receive 18,074 reports of multiple sale of the specified rifles
from FFLs located in the four southwest border states. We estimate that
each report will take 12 minutes to complete. If we receive 18,074
reports from 2,509 licensees the total burden is 3,615 hours. The
estimated annual burden per respondent is 1 hour and 26 minutes.
If additional information is required contact: Lynn Murray,
Department Clearance Officer, United States Department of Justice,
Policy and Planning Staff, Justice Management Division, 2 Constitution
Square, Room 2E-808, 145 N Street, NE., Washington, DC 20530.

Dated: April 25, 2011.
Lynn Murray,
Department Clearance Officer, United States Department of Justice.
[FR Doc. 2011-10355 Filed 4-28-11; 8:45 am]
BILLING CODE 4410-FY-P

Reuters is reporting that ATF will be publishing a proposed rule in Friday’s Federal Register concerning the reporting of multiple sales of certain semi-automatic rifles. This is the same proposal from late 2010 that was postponed for further comment.

The proposal to be published tomorrow will open up a 30-day comment period on the reporting requirement.

Within the Reuters story was this note about the response from the prior 60-day comment period.

It was first published in December and had a 60-day comment period that garnered almost 13,000 responses. About 30 percent opposed the reporting requirement and 70 percent favored it, ATF said.

70% of comments in favor of this requirement just doesn’t pass the smell test. Frankly, unless I could see each and every comment submitted to verify this, I think either Reuters misunderstood what ATF told them or ATF has misstated it for their own bureaucratic purposes.

I will publish the comment requirements as soon as it is released.

If I can get a comment from the NRA on this tomorrow, I will post it.