Constitutional Law

More on ATF extending multiple sales reports to rifles

I'd noted earlier that ATFE has issued a proposed rule that will require reporting of multiple sales of rifles that accept detachable magazines. Here's the formal notice.

Dealers have long been required to report multiple sales of handguns to the same person within five business days of each other, but this is the first attempt to extend it to rifles. The core concern with the reporting is that the dealer not only logs the sale in his records, but must report it (with full description of the firearm and the purchaser) to the agency, which (it is safe to assume) computerizes it.

There are several violations of the Gun Control Act, as amended by the Firearm Owners' Protection Act. First, 18 USC §926(b) provides "The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations." This is stricter than the Admin Procedure Act's general provision for a "reasonable" comment period, and it has no emergency exceptions. ATFE is only giving 30 days' notice.

Second, the FOPA amendments were intended to cut off future requirements of direct reporting -- I say future because the existing regs (including reporting of multiple handgun sales were grandfathered in, but limited to those specific requirements. Thus far and no farther.

18 USC §926(a) allow promulgation of necessary rules and regulations, adding:

"No such rule or regulation prescribed after the date of the enactment of the Firearms Owners? Protection Act 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..." Moreover, 18 USC §923(g)(3), which required multiple sales reporting, specifically limits it to handguns: reporting is required when a dealer "at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person."

It's time to contact legislators about this, pointing out the illegality, and asking them to lodge protests with agency and with the Office of Management and Budget, which is being called upon to approve the request, pursuant to the Paperwork Reduction Act.

Full post as published by Of Arms and the Law on December 21, 2010 (boomark / email).