Obama Urged By Advisors To Veto Appropriations Bill

The Executive Office of the President released a statement yesterday regarding the House passage of the FY2013 appropriations bill for the Departments of Commerce and Justice as well as for science and related agencies. They are accusing the House of Representatives of violating the “bipartisan agreement to put the Nation on a sustainable fiscal course in enacting the Budget Control Act of 2011 (BCA).” They go on to say that the President’s senior advisors would be urging him to veto this bill.

From a taxpayer’s perspective this is rich given that the appropriations bill is below the level that Obama requested. The administration is accusing Republicans of making spending cuts that would mean cuts in services elsewhere in the budget.

However, what is much more interesting is their strong opposition to the budget rider proposed by Rep. Denny Rehberg (R-MT) which would cut the ATF’s funding for the multiple semi-auto firearm reporting requirement in the Southwest.

Prohibition on Multiple Sales of Rifles Reporting Requirement. Preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives from requiring licensed firearms dealers in four border States to report information on the sale of multiple rifles or shotguns to the same person would hamper efforts to address the problem of illegal gun trafficking along the Southwest Border and in Mexico.

This reporting requirement is of dubious legality and even more dubious utility in stopping firearms trafficking to the narco-terrorists in Mexico. That the Obama Administration would single it out for special mention speaks to their true intentions regarding firearms.

UPDATE: Bob Owen is reporting that even with the cut to the multiple rifle reporting requirement, ATF will be getting a $1 million increase in its budget over the previous fiscal year. Rep. Trey Gowdy (R-SC) has offered an amendment to the appropriations bill that would remove that same $1 million from the DOJ’s General Administration budget. This is the part of the budget that supports the AG’s office. Gowdy said he proposed doing this due to their stonewalling over Project Gunwalker. (corrected)

UPDATE II: The NRA-ILA released a statement urging members to contact their member of Congress regarding the Rehberg Amendment and the need to keep it in the appropriations bill.

It comes as no surprise that the Obama Administration put out a Statement of Administration Policy saying that President Obama’s senior advisors would recommend that he veto H.R. 5326 (FY2013 Commerce, Justice, Science Appropriations bill)…

Apparently, one of the reasons the President would veto H.R. 5326 is because of a NRA-backed general provision preventing funding for the new and unauthorized multiple sales reporting and registration plan proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE). On Thursday, April 26, the U.S. House of Representatives Committee on Appropriations approved this general provision offered by Congressman Rehberg (R-Mont.), by a vote of 30-19.

Without this funding restriction, the BATFE could continue to circumvent the will of Congress by collecting information on multiple-sales of long guns by Executive Branch mandate and then, centralizing records of thousands of Americans’ gun purchases, without any legal authority.

There Are No Coincidences

Yesterday, the BATFE held a briefing for the media on the results regarding traces of firearms recovered in Mexico. Reporters that attended this briefing were not allowed any cameras, recording devices, or video equipment. They were only allowed pen and paper to take notes. Katie Pavlich of Townhall.com tweeted after the event that the moment they got into the briefing they were given a flash drive with the statistics.

The data released show that 68% of the guns submitted for tracing originated in the United States. Note that is only the guns submitted by the Mexican government. Moreover, as Larry Keane of NSSF pointed out in a tweet early this morning, no mention is made of the “Time to Crime” stat. Thus, you don’t know if the “recovered” firearms traced are ones from Operation Fast and Furious or from a burglary in El Paso in 1997.

The BATFE released this yesterday regarding the briefing on the traces.

ATF Releases Government of Mexico Firearms Trace Data

WASHINGTON – Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) today announced the release of trace information for firearms recovered in Mexico and submitted to ATF for tracing. Trace information shows that between calendar years 2007 and 2011 the Government of Mexico recovered and submitted more than 99,000 firearms to ATF for tracing. Of those firearms more than 68,000 were U.S.-sourced. More complete information will be available on the ATF website.

U.S.-sourced firearms are guns determined by ATF to be manufactured in the United States or legally imported into the United States by a federal firearms licensee. Since 2007, trace data shows a trend in recovered and submitted crime guns from Mexico shifting from pistols and revolvers to rifles. Law enforcement in Mexico now report that certain types of rifles, such as the AK and AR variants with detachable magazines, are used more frequently to commit violent crime by drug trafficking organizations.

ATF is working with its law enforcement partners at every level and the Government of Mexico to keep firearms out of the hands of gang members and criminal enterprises. The Mexico trace data is the result of information provided by the Government of Mexico to ATF about crime guns recovered in Mexico and submitted for tracing.

Firearms tracing provides information on the movement of a firearm from its first sale by a manufacturer or importer through the distribution chain in an attempt to identify the first retail purchaser. This information provides investigative leads for criminal investigations.

The Mexico trace data is not the result of any criminal investigation, or investigations, initiated by law enforcement in the United States.

ATF’s National Tracing Center (NTC) is the nation’s only crime gun tracing facility. The NTC provides critical information that assists domestic and international law enforcement agencies solve firearms crimes, detect firearms trafficking and identify trends with respect to intrastate, interstate and international movement of crime guns. The NTC traced more than 319,000 crime guns in calendar year 2011.

ATF is dedicated to reducing firearms trafficking and firearms-related violent crime on both sides of the border.

ATF will also release trace information for firearms recovered in Canada and the Caribbean and submitted to ATF for tracing between calendar years 2007 and 2011.

SayUncle had a post yesterday about how the multiple-long arm reporting requirement for the Southwest border states has now resulted in 123 investigations being started in south Texas. This came from an article on Wednesday in the Houston Chronicle. I don’t think it is any coincidence that the ATF emphasized the use of ARs and AKs “with detachable magazines” by the narco-terrorists in their press release.

Yesterday, Rep. Denny Rehberg (R-MT) had an amendment adopted to the FY13 Commerce, Justice and Science House Appropriations Bill which “would prevent the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from using federal funds to track the purchases of gun owners who buy multiple rifles within a certain time period.”

From Rehberg’s statement on his amendment:

“While President Obama and his allies in Congress continue to undermine the Constitution, and infringe on our gun rights, I’ll keep fighting to ensure those rights are upheld,” said Rehberg, a member of the Second Amendment Task Force. “The ATF continues the effort to implement new gun control regulations without the approval of Congress, and, tragically, those efforts have included breaking our own country’s laws with the ‘Fast and Furious’ program. My amendment tells the Obama Administration that Congress will not tolerate this.”

The ATF regulation, first proposed in December of 2010 and approved by the Office of Management and Budget (OMB) on July 11, 2011, requires federally licensed firearm dealers (FFLs) to file reports with ATF on all sales of two or more semi-automatic rifles within five consecutive business days if the rifles are larger than .22 caliber and use detachable magazines. The requirement applies to dealers in California, Arizona, New Mexico, and Texas, but could be expanded to other states using the same obscure regulatory process used to create the rule. Information gathered from the dealers will be kept in a federal database for two years. While Congress passed legislation in the 1990s to allow ATF to track multiple-sales of handguns, they did not intend to expand this regulation to include long guns.

I also think it was no coincidence that BATFE held their press conference as Rep. Rehberg was working to amend the appropriation for their agency which would remove their ability to force FFLs in the Southwest to make reports on certain gun sales. The congressional liaison for BATFE (or more appropriately, agency lobbyist) would have known of these hearings and of Rep. Rehberg’s intent to offer his amendment which did pass.

Nothing happens without a reason in Washington. The BATFE press briefing may be seen as a counter-attack on the critics of that agency for both Project Gunwalker and the Administration’s attempt to use regulatory fiat as a gun control measure.

UPDATE: Sen. Chuck Grassley (R-IA) had this to say in a release about the data given out by BATFE yesterday.

“Thorough gun statistics are hard to come by and tricky to interpret. The key to this data is that most of these guns can’t be traced to U.S. gun dealers. And, some of those would actually trace back to the United States because of the federal government’s own gunwalking scandal. We also have to remember that the only guns Mexico is going to submit for tracing are guns they know are from the United States, which clearly paints an incomplete picture of the firearms found in the Mexico.”

Katie Pavlich of Townhall.com who did attend the press briefing has a full report on it here. It seems some of her questions were not able to be answered (or they said they didn’t have the data).

UPDATE II: Larry Keane, General Counsel of NSSF, has a blog post up entitled “The Shrinking ‘Vast Majority’: NSSF Responds to ATF Mexican Trace Report.” It dissects the BATFE report and how some politicians and some in the media have played it up.

On the 90% myth:

But it shouldn’t surprise anyone to learn that many of the firearms recovered and traced come from the United States. That is because U.S. law requires markings on firearms precisely so they can be traced by law enforcement through commerce. It is sort of like tracing the VIN number on cars on a Ford dealership lot and be surprised to learn that most are Fords. What the 90 percent myth does not account for, and the media turns a blind eye to, and what yesterday’s ATF report does not shed light on, is the fact that you know nothing about the firearms recovered in Mexico but were never traced — like the firearms that the 150,000 or so Mexican soldiers took with them when they defected to go work for the drug cartels over the past several years.

On Time to Crime:

Perhaps what is most interesting about ATF’s report is the fact that it does not discuss the “Time to Crime” (TTC) for the Mexican traced firearms. ATF always gives TTC when it issues a tracing report (click here for an example). Why did ATF omit this piece of information? Because it knows that on average firearms (of all types) recovered in Mexico and successfully traced were on average originally sold at retail after a background check more than 15 years ago.

House Committee Passes Amendment To Defund Multi-Rifle Reporting

The NRA-ILA sent this out this afternoon regarding an amendment to the FY2012 Commerce-Justice-Science Appropriations that was offered by Rep. Denny Rehrberg (R-MT). This amendment would prohibit the use of funds to the new ATF/DOJ multi-rifle sale reporting requirement.

House Committee Passes Amendment to Defund Illegal Obama Firearm Sales Reporting Requirement

Wednesday, July 13, 2011

Today, during consideration of the FY 2012 Commerce, Justice, Science Appropriations bill, pro-gun U.S. Rep. Denny Rehberg (R-Mont.) offered an amendment to prohibit the use of funds for a new and unauthorized multiple sales reporting plan proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Amendment was passed by a vote of 25-16.

The Rehberg Amendment, which was strongly supported by NRA, will defund the Justice Department’s controversial and illegal move requiring federally licensed firearms retailers in states bordering Mexico to report multiple sales of semi-automatic rifles.

As we reported yesterday, this procedure was proposed last fall as an “emergency” measure by BATFE. Specifically, it calls for all of the firearm retailers in California, Arizona, New Mexico and Texas to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles capable of accepting a detachable magazine purchased by a single individual in a five consecutive business day period. It is important to note that under existing law, BATFE already has full access to every dealer’s firearm transaction records, either during a bona fide criminal investigation or simply to enforce compliance with record keeping requirements. This new reporting procedure would create a registry of owners of many of today’s most popular rifles–firearms owned by millions of Americans for self-defense, hunting and other lawful purposes. Most importantly, however, the BATFE has no legal authority to demand these reports.

In addition, the agency has recently come under intense scrutiny due to its ill-conceived “Fast and Furious” operation. “Fast and Furious” encouraged Arizona gun stores to sell thousands of guns to suspicious buyers, despite objections from dealers and even BATFE’s own field agents.

Earlier this year, the U.S. House of Representatives voted on and passed, by a vote of 277 to 149, an amendment to H.R. 1 (also offered by Rep. Rehberg, along with Rep. Dan Boren (D-Okla.)) that also would have prohibited the use of federal funds for this reporting requirement. Unfortunately, the amendment was not included in the final version of the bill as a result of Senate inaction.

In March, U.S. Sens. Jon Tester (D-Mont.) and Richard Burr (R-N.C.) introduced S. 570–“to prohibit the Department of Justice from tracking and cataloguing the purchases of multiple rifles and shotguns.” The bill would ensure that federal funds cannot be used for the multiple sales reporting procedure.

NRA will continue to work to make sure the Rehberg Amendment makes it through the appropriations process. The amendment is scheduled to be heard on the House floor in August.

While the Rehberg Amendment is a critically important first step, it is imperative that you contact your U.S. Senators and ask them to cosponsor and support S. 570. You can find contact information for your elected officials by using the “Write Your Representatives” tool at www.NRAILA.org, or you can call your U.S. senators at (202) 224-3121. S. 570 currently has 29 cosponsors. To see if your senators are cosponsors, please click here: http://thomas.loc.gov/cgi-bin/bdquery/z?d112:SN00570:@@@P