Skip to comments.71 Million Americans May have to Report Gun Buys to Feds
Posted on 06/02/2011 7:15:24 AM PDT by marktwain
If youre one of the nearly 71 million Americans who live in the four southwest border states, some of your gun purchases could soon be reported to the federal government. If you dont like thatand no gun owner shouldread on, because this may be our first big head-on gun control battle against the Obama administration.
The fight began with a bureaucratically worded Emergency Notice of Information Collection Under Review, published in the Dec. 17 Federal Registerthe daily publication where all proposed federal rules make their debut. It announced that the Bureau of Alcohol, Tobacco, Firearms and Explosives plans to require federal firearms licensees in the border states to begin reporting all transfers 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.
In other words, a dealer would have to tell the government every time a deer hunter in Sacramento or Amarillo finds a good deal on a pair of semi-auto .30-06s like the popular Remington 7400.
Some might ask, Arent multiple rifle sales already reported? The answer is a definite No. For many years, Congress has required dealers to report multiple sales of handgunsand only of handguns. According to one of the basic rules for interpreting laws, when the legislature specifies one thing, it excludes everything else. (This is the same principle your parents applied when they said you could have only a cookie, even if there were also cupcakes and pies on the table.)
For months now, anti-gun activists, members of the media and federal bureaucrats have been urging the BATFE to ignore this principle.
As weve reported before (See End Run, Feb. 2011), the drumbeat began with New York City Mayor Michael Bloombergs group, Mayors Against Illegal Guns, and its Blueprint for Federal Action on Illegal Guns. That document was an agenda of 40 ways for the Obama administration to impose new restrictions on gun owners and the gun industry, without bothering to go to Congress.
The Blueprint urged the BATFE to identify the long guns most linked to crime and require dealers to report multiple sales of such guns. MAIG, of course, is falsely assuming that when a particular type of gun is frequently traced, that must mean the gun is frequently used in crime. Thats a lie heard nearly every day in the gun control debate, despite repeated warnings from the Congressional Research Service and the BATFE itself that tracing is designed to find the source of specific guns, not to collect statistics. (For more information, see Traces of Truth, Dec. 2010.)
The push for multiple sales reporting continued with a pair of reports by the Department of Justices Inspector General this year. First, a draft report in September noted that multiple sales reports on rifles would have been useful for investigations of supposed gun trafficking to Mexico. While the September draft made no specific recommendations, a final report issued in November urged the BATFE to require multiple sales reports on long guns. The Inspector General recommended that the BATFE work with the Department [of Justice] to explore options for seeking a requirement for reporting multiple sales of long guns. The bureau responded that it concurs in the recommendation but notes that this may require a change to the Gun Control Act which is beyond ATFs and the Departments authority.
But theres a twist. According to the latest installment in the Washington Posts months-long Hidden Life of Guns series, the BATFE itself had already recommended a reporting requirement last spring, months before the Inspector Generals recommendation. The policy, according to the Post, was held up by then-White House chief of staff Rahm Emanuel because it would energize gun owners before the midterm elections.
If thats trueand we certainly dont always believe the Postit was a cynical move by Emanuel, a longtime ally of the anti-gun groups. But it would definitely be consistent; after all, President Obama also waited until after the elections to nominate Andrew Traver, another official with long ties to gun-ban activists, as director of the BATFE.
All this maneuvering aside, how can the BATFE try to require something the Congress never authorized?
Showing why its now the greatest organized threat to our Second Amendment rights, Mayor Bloombergs MAIG pointed the way. MAIGs Blueprint suggested that the new multiple sales reports could be required through demand letters. These are letters sent to dealers by the BATFE. According to the provision of the Gun Control Act that authorizes these letters, dealers must submit all record information required to be kept [under the Gun Control Act] or such lesser record information as the Attorney General in such letter may specify.
That sounds like an incredibly broad license for anything up to total gun registration based on dealers records. But Congress has passed many protections against gun registration, including the Firearms Owners Protection Acts ban on new rules or regulations that would require dealers records to be recorded at or transferred to a facility owned, managed, or controlled by the United States.
So what does the law really allow? A quick look at history answers that question. The original demand letter provision was a regulation adopted in 1968, under the original Gun Control Act, and added to the U.S. Code in 1986. Back in 1968, Harold Serr, the director of the Treasury Departments Alcohol and Tobacco Tax Division (the precursor of todays BATFE) wrote to U.S. Sen. Frank Church of Idaho that under no circumstances does the Alcohol and Tobacco Tax Division intend to require licensed firearms dealers to submit all records of firearms transactions to a central location. This would be in effect gun registration and the Congress clearly showed its desires in this area when gun legislation was voted on.
Instead, the demand letter provision was to be used for examining dealers records in the course of a criminal investigation, or for tracing gunstwo activities that are authorized by other provisions today.
More recently, demand letters have been used for other limited purposes. For example, the BATFE uses this provision to compile annual statistical reports on how many firearms are made and exported by each gun manufacturer. And in 1994, when certain shotguns were reclassified as destructive devices under the National Firearms Act, the bureau used the provision to get contact information for buyers of those guns in order to inform them about NFA registration requirements
More objectionable was the use of demand letters, beginning during the Clinton administration, to get certain dealers to report all used gun transactions for use in future traces. NRA strongly objected to that program and funded litigation against it. Unfortunately, the government won those cases, but even the court decisions stressed how limited the program was. As the U.S. Court of Appeals for the 4th Circuit put it, the demand letter statute is not a limitless delegation of authority and cannot be construed in an open-ended fashion.
The courts also stressed that the demand letters were only issued to dealers who had supposedly failed to respond quickly to trace requests, or who had high numbers of guns traced quickly to crimes. As flawed as those reasons were, the letters still only went to a few hundred dealersless than 0.1 percent of the licensees in the United States at the time.
Compare that to the number of dealers slated to receive the new multiple sales letters. The BATFE estimates that nearly 8,500 dealers will receive those letters; thats nearly one out of every seven firearm retailers in the United States today, including many who are hundreds of miles from the Mexican border. Thats obviously casting way too big of a net, and could lay the groundwork for even broader demands that would truly amount to a gun registration scheme.
That makes this fight a top priority for NRA. Right now, were filing comments with the Office of Management and Budget, asking them to deny the proposed information collection. But weve also begun planning our next move, which will be legislative proposals to limit the demand letter authority.
Fortunately, our allies in Congress are already rallying across party lines on this issue. For example, the entire Montana congressional delegation has already weighed in, with Democratic Sens. Max Baucus and Jon Tester calling the proposal unnecessarily burdensome and arguing that any further reporting requirement must be done by Congress through the transparent legislative process.
Likewise, Montanas Republican U.S. Rep. Denny Rehberg, joined by 35 House colleagues, including incoming Judiciary Committee Chairman Lamar Smith, R-Texas, blasted the new, onerous requirements that would inevitably track and catalogue the purchases of law-abiding gun owners, also denouncing the proposal as an end run around Congress.
NRA will make sure all of these arguments are heard on Capitol Hilland in the courts, if necessaryas this fight goes on.
My understand is that while this is being sold as only applying to border states, nothing in the rule limits it to those states.
understand should be understanding.
I had no idea that the Constitution required this...../sarc
Create a crisis, then use that crisis to further your policy aim. Disarmament of US citizens is step one in creating the NEW WORLD ORDER.
I wish the NRA wouldn’t have supported Democrats and Harry Reid last year. And in this plan,, who will we report to when the ATF has multiple purchases that will be going south?
In a nutshell, the Kenyan is restricting MY rights because they could be inconvenient for an authoritarian nation next door. The Bastard,, (mods,,, he is literally a bastard, look it up)
Seventy-one million (and counting) middle fingers.
So in essence, your long-gun purchases are only private from the feds until your FFL or local shop ceases to exist.
So shops will be closed by the feds in the nat’l interest..
Every time you buy a new weapon they run a NICS on you. You can’t tell me that the feds have not already started a national register. As another poster noted, the 4473’s are sent to the feds if a gun shop owner dies or closes his shop. They are defintely building a database.
And now he’ll have to send a copy of those 4473s if more than 1 purchase is made in 5 days.
HOW? It's not up to the buyer to comply. It's up to the dealer to comply, and if he wants to stay in business he will. Are you a dealer? will you refuse to comply? If you're not, you don't have to so there's nothing to non-comply with.
Under Clinton, they did just that...Something on the order of 2/3 of FFLs went belly up, especially mom and pop "kitchen table' dealers without a storefront, but who were required to keep the same records as the larger dealers. Those 4473's went to the BATF.
We have no guarantees that NICS data isn't being compiled, either, except that it isn't supposed to be, legally (It was being compiled, but they were supposed to 'erase it').
But then, the BATFE wasn't supposed to be facillitating the purchase and export of weapons to Mexico, either.
Also, keep in mind that any coastal state can be construed to be a 'border state' (with the world), and the states which border with Canada are 'border states' as well.
The way around this is to buy the exact rifle your hunting buddy likes while he buys the perfect rifle for you. Then you loan each other the rifles. No sale, no money, changing hands, no straw buying. It’s loaned!
Take a chillaxative. I'm talking about FFL's.
Buy from a private party and always pay cash, as I do frequently. Same thing when buying ammo no matter where you buy it, i.e. Cabella’s, Walmart, Dick’s etc.
Stay under their radar. BLOAT, BLOAT and then BLOAT some more!
>>Disarmament of US citizens is step one in creating the NEW WORLD ORDER.<<
Any American citizen that surrenders any weapon to a government official deserves to live their life wrapped in chains.
I only got a few guns, but I got lotsa bullets. Come get ‘em.
That’s what I mean. Only FFLs can “not comply”, and they won’t be FFLs for long if they don’t comply - which is fine by the Feds.
The Left has figured out that rights are easily abridged if a third party can be hobbled to achieve that end. (As in: in DC it is legal to own a gun, but no way to get one.)
Be Ever Vigilant!!
Americans deserve all the government they voted for.
“...Any American citizen that surrenders any weapon to a government official deserves to live their life wrapped in chains...”
And I’ll add this, paraphrasing ol Sammy Adams:
Crouch down and lick the hands that feed you - or the boots that stomp out your freedom, and I hope your chains DON’T rest lightly on you. And rest assured that those of us who didn’t surrender will GUARANTEE that posterity forgets that you were ever our countrymen..
Some may be cowards, but many, many others...not so much.
Common Law Rights
So I'm good if I make five purchases in ONE day?
Uh, that would be more than 1 purchase in 5 days.
I like Springfield Armory's motto better: BEG!
Any mission. Any foe. At any range.
>>Some may be cowards, but many, many others...not so much.<<
Too many Americans IMO are casually accepting the ongoing deprivation of rights under color of law that is continually spewn by our presidential administrations and political parties. I do not accept their premise that this loss of personal liberty as being necessary for our protection. Once removed we will never regain them without a serious battle and lots of bloodshed. How do we get these people up off their knees?
Oh. You're right. I'm DAIN BRAMAGED. Only six more days to teach the Spawn of SATAN before summer vacation! You can tell the effect they have on me. Right now I'm in my SMN class which stands for Shoot Me Now.
If any offense was taken from my prior post, that was not my intent.
Please see my post #32 above and understand my damaged state of mind at this point in time. No offense taken or given.
Some are hooked on acronyms, some are not.
Whats to stop them from using this data to compile a gun registration database?
Whats to stop them from applying this to every state and every type of firearm?
Whats to stop them from wanting to verify this data with each and every gun owner?
[With the registration Cat out of the bag]
Whats to stop them from wanting to charge a tax for each hand every gun you own?
Whats to stop them from requiring to get a license and pay a fee for the privilege of owning your guns?
Finally, Whats to stop them from confiscating your now Registered guns?
Someone mentioned this on another forum: Given that Obama and his merry band of national socialists are pretty radical in normal times, it kind of makes you wonder how they would use a serious crisis to be even more radical.
I think that's largely symptomatic of folks with military backgrounds: SNAFU, BOHICA, FUBAR, which has more recently been superseded by the computer generation... which has far more of those acronyms to be hooked on.
I’m acquainted with acronyms, I was in the Navy in the late 40’s. :)
The Obama administration is working on all fronts to drag our country to the ash heap of history. If he really had a crisis to work with, “God Help the USA”.
Good Plan A. If that doesn’t stop this crap in its tracks, then we will need to resort to Plan B...in other words, BLOAT,
How far we have fallen, so much liberty lost.
At that time, you could still buy antiaircraft guns and ammunition through the mail. You could by antitank guns and ammunition. There where *no* crimes being committed with them. I recall the anti-freedom groups had to stretch and claim that some people in Maine were shooting at high flying geese with them. Not one person had been hurt.
Our "Progressives" couldn't stand the idea that the populace could have effective weapons, so they passed the 1968 gun control act, and it was downhill from there until 1994. Now we have started to regain some of our Constitutional rights. We need to keep pushing to restore the Constitution.
Not here in Georgia. My GFL bypasses that NICS check.
My dad bought me my first .22, a J. C Higgins single shot mail order from Sears. It cost $13.00.
I remember the barrels full of $12.00 .303 Enfields at sporting goods and surplus stores. Unfortunately I never got one, as I could barely afford to feed my .22.
I too remember the 20mm antitank rifles that were quite common in my local surplus stores.
4473’s, NICS checks, waiting periods and school shootings were unheard of.
Your question was "...How do we get these people up off their knees?..."
It's a GREAT question, good brother, with a real simple answer - You won't.
So don't waste your time with those sheeple who are already on their knees. They're already a lost cause. They've lived most of their lives that way, are comfortable in their ignorance, and are beyond worrying about.
Concentrate instead on organizing and motivating the Sheepdogs who are STANDING amongst them, and begin cultivating NEW sheepdogs amongst the younger generations.
The majority of people have never been the movers and shakers of society; it's always easier to "go along, get along", and the libs know this and play it like theater.
That's why they pour the hateful viciousness on the individuals in society that dare to stand out. It's envy, pure and simple - they hate something that they could never be. They're cowards and bullies at heart, and when someone comes along that refuses to be cowed or bullied, they lose what little minds they have and go all out to break them.
Hence their porcine squeals of terror of firearms and those who own them. They know that a firearm is INSTANT EQUALITY, and in spite of all their stupid, high-sounding lib-speak rhetoric, they really don't WANT real equality - what they want is absolute and complete control; and conservatives in general, by the very nature of who we are and how we view our lives and the world around us, will always DENY them that absolute control.
So they threaten us with laws and law enforcement, with the help of rogue judges and a whole panoply of legislation designed to crush individuality, free critical thinking, and the liberty of the mind and spirit. They do this through law, through the educational institutions, through ANY available portal they can control.
True story here - I coach baseball, and the other day, I was listening to some of the kids on the team (from the public high school) talking about books they were assigned to read over the summer, and one of them mentioned that he had to read "The Joy Luck Club".
I was absolutely incredulous. I interrupted them and said "THAT is not a book for a boy to read. Suggest you read "The Red Badge of Courage" instead. Or, suggest to your teacher that if the class has to read "Joy Luck", then they should also have to read "The Red Badge of Courage" to provide literary balance. Failing that, tell your teacher, when you are asked to write a summary of it, that "The Joy Luck Club" basically sucked and you learned nothing that would be of ANY use to a young MAN".
They laughed, but it was nervously, like they were worried about what the teacher was going to say if they brought it up. They're being brainwashed into deliberate emasculation and compliance by liberal teachers and school boards.
Why? It's simple. Because emasculated boys grow up and become compliant, Good Little Sheeple. And that, my friend, is what is so sinister and contemptible about what the left is doing to our kids - right under our noses.
But these boys GOT the message; this is a book for girls, NOT young men making their way in the world, and I gave them a reference to a book that IS for young men. I also suggested some other reading as well - "Horatius at the Bridge", "Julius Caesar", "The Longest Day"...etc. Books they CLEARLY have not heard of - but have now.
I take EVERY opportunity to cultivate Sheepdogs amongst them - "Throwing a baseball is just like shooting a rifle. How many of you gentlemen have ever fired a rifle or a handgun? It's ok, raise your hand; there's no shame in it, it's a Constitutional RIGHT, and this is something every man should learn how to do..." etc. I use firearms analogies for EVERYTHING in baseball. Pitchers are "Riflemen". The team is a "Fire Team". You get the idea. I get some parents that get nervous about it - typically the mothers - but the fathers 9 times out of 10 come up and say "Excellent...good lesson. Thank you".
And yes, occassionally, I'll get a sheeple-ized dad who complains and whines to the commissioner. But see, here's the rub - the commish is a Sheepdog (former Marine), former military like most of the other coaches. And typically, that sheeple's kid won't be in the lineup next season because they won't sign him back up. It's tough, but that's just the way it is. But the plus side is, the kid STILL got the message while he was with us, and he STILL sees the other kids who also got the message.
So this is one way we STOP the next generation from living on their knees, and teach them to reach down, prove they have a pair, and stand up like good American Men.
Like their fathers and grandfathers before them.
I know an FFL who stored his 4473 records in a small metal shack in his yard. They had become too large for his shop and he wanted the space. He carefully padlocked the shack to protect it from thieves. What happened was in just a few years, the humid Louisiana weather caused the paper to rot and you couldn’t separate the pages without the paper shredding. He told me this story with a grin. I suggested that he tell his insurance agent about it in case the Feds ever want the records.
Thanks, I vaguely remember. :):)
Per the Rahm "Dead Fish" Emmanuel Government Handbook