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More detail on ATF long gun multiple sales reports
The press conference makes it clear the requests are being made as "letter" requests... in the past, ATF had used this power with regard to one or a few dealers, for particularized reasons. Here, they are using it as to all FFLs in four States, and applying it as to multiple sales. But they still have to seek OMB clearance, since it's a general collection of data and thus covered by the Paperwork Reduction Act. One curious thing is that the acting director says it only pertains to sales of rifles with "caliber greater than .22." I doubt the agency means to exclude AR-15s and such, but I hope the acting head of ATF appreciates that .223 is .22 caliber, and knows how to say ".22 rimfire" if that was his meaning.
Transcript of ATF Acting Director Melson — Webcast
December 20, 2010
Acting Director Announces Demand Letters for Multiple Sales of Specific Long Guns in Four Border States
Hello, I’m Ken Melson, the Acting Director of ATF.
A recent initiative by the Bureau of Alcohol, Tobacco, Firearms and Explosives has caught the attention of national media outlets. I wanted to make sure everyone heard from me about this law enforcement initiative so there isn’t any confusion.
Recently, ATF announced through the Federal Register our intent to initiate a new Demand Letter requiring the reporting of multiple sales of certain long guns by Federal Firearms Licensees, known as FFLs, in the four Southwest Border States. We took this step as a way to help gain actionable law enforcement intelligence which we believe will help reduce criminal firearms trafficking along the Southwest border.
Before we can actually issue the Demand Letter we must receive approval from the Office of Management and Budget for purposes of the paperwork reduction act. We expect to receive that approval in early January, 2011.
As many of you already know, the goals of ATF’s Southwest border firearms trafficking strategy are:
•: To prevent violent crime;
•: Ensure the safety of the communities and law enforcement situated along the Southwest Border;
•: And to disrupt and dismantle the firearms trafficking networks responsible for the diversion of firearms from lawful commerce into the hands of the Mexican Drug Trafficking Organizations (DTOs)
Since 2006, there has been a significant increase in drug and firearms-related violence in Mexico and along our Southwest border. In response to this increased violence, ATF has deployed focused resources nationally to prevent the firearms trafficking along the Southwest Border and into Mexico.
According to ATF trace data, investigative experience, and Mexican law enforcement officials, a large number of rifles are being used in violent crimes in Mexico and along the border. Our new Demand Letter will implement a limited reporting of multiple sales of certain long guns that functions similarly to the current practice of reporting on the multiple sales of handguns. Currently, all FFLs in the country are required to submit a report of multiple sales to the National Tracing Center when an FFL sells two or more handguns to the same purchaser within five consecutive business days.
The proposed Demand Letter, which is narrowly circumscribed to meet our objectives, will apply a similar reporting requirement to certain long guns, but with these distinct differences:
First, the reporting requirement will apply only to FFLs doing business in Texas, New Mexico, Arizona and California, which are major source states for crime guns seized in Mexico and traced to federal firearms licensees.
Secondly, the reporting requirement applies only to those rifles having all of the following characteristics:
•: A semi-automatic action;
•: A caliber greater than .22; and
•: The ability to accept a detachable magazine.
These specific characteristics subject a very narrow group of long guns that have been identified by ATF and the Government of Mexico as being involved in violent crimes in Mexico to the reporting requirement.
This reporting requirement would apply to the disposition of all rifles in the inventory of the FFLs exhibiting these characteristics, both new and used.
Third, we propose to implement this initiative as a pilot project for a period of one year.
Taken together, limiting the geographic scope, impacting a limited number of licensees, affecting a specific group of rifles, and limiting the duration of this reporting requirement, form a tailored, discreet, responsible and proactive response to a significant law enforcement issue.
Let me be absolutely clear. The purpose of requiring FFLs to report the specified multiple long gun sales in these four source states is to identify criminal firearms traffickers, not to prevent the full and free exercise of our Second Amendment rights, or to encumber the FFLs with burdensome paperwork.
These reports will give ATF real-time leads for the investigation of gun trafficking. ATF’s experience in these source states proves that multiple purchases of the described rifles are strong indicators of firearms trafficking to Mexico. By obtaining information about these multiple sales, ATF increases the likelihood of uncovering and disrupting trafficking schemes before the firearms make their way into Mexico.
I know that FFLs are good citizens who share ATF’s interest and commitment in keeping guns out of criminal hands. Working together we can do that without infringing on the rights of law abiding Americans.
6 Comments | Leave a comment
So are .22 rimfire, .218 Bee and .219 Zipper -- all roughly .224 or .225 bullet diameter, just like .223/5.56mmm. That should make for some really interesting interpretations from their tech people. And I wouldn't want to bet that the "ability to accept a detachable magazine" limitation wouldn't be interpreted to include something that a gunsmith could jury rig with enough parts in a day or two.
The tracing numbers mean squat. I have had one rifle traced three times [that was stolen from a dealer]. Street agents tell me that three or four traces per recovered gun is normal.
Since this "secret" data base is kept by ATF, why not let an independent analysis by the Govt. Accountability Office or the Congressional Research Service? Let's see if what ATF purports it to be really is what they say it is.
As to the guns going to Mexico; I wonder if Mr. Melson would be willing to comment on the approximately 2000 firearms that the Phoenix AZ field office supposedly allowed/helped to migrate to Mexico?
Oh, did I mention one of those rifles is purportedly the one that killed a Border Agent? Word has it this "walking" the guns was an effort to get the trafficking numbers up...under the guise of investigating "gun runners".
If Mr. Melson was really interested in removing firearms from the hands of the Mexican Drug Trafficking Organizations(DTOs)he would start with the Mexican govt. who at times appears to be one and the same with the DTO's. I have heard too many first hand accounts of Mexican Military running security for the DTO's.
I have no doubt that some illegal aliens are returning to Mexico armed...Having had a taste of freedom and security they took some home with them to defend themselves and their families.
I just doubt that DTO's even want most US civialian firearms when they seem to be armed with military grade fullauto firearms. Ask yourself this why did Mexico build a fence on it's SOUTHERN border?
1. By their own admission, ATF has overstated the "trafficking" problem and deliberately mislead Congress and the American People. Between 2008 and 2010, ATF quoted 90% of guns seized in Mexico came from the United States. In September 2010, the U.S. Department of Justice (DOJ) Office of the Inspector General (OIG) issued a draft report critical of Project Gunrunner, followed by a final version in November, 2010. The OIG analysis of ATF data shows, of the guns submitted for tracing, a much lower percentage of guns (about 27 percent) traced to the United States. These percentages significantly differ from those in ATF testimony before Congress
When confronted with the OIG analysis, ATF then admitted to the OIG that the 90% figure cited to Congress is misleading. During this 2010 review by the OIG, ATF could not provide updated information on the percentage of traced Mexican crime guns that originated in or imported through the United States.
2. ATF's proposed reporting is overly broad. Rather than "a very narrow group of long guns" as ATF stated, the proposed rule includes a huge number of guns unlikely to be trafficked. Instead of specifying the guns ATF keeps saying are the problem (AK47, AR15, .50 caliber, etc.), they have included a huge number of curio and relic rifles up to 100 years old of interest mainly by collectors, and many rifles chambered for obsolete ammunition no longer manufactured.
3. ATF's proposed reporting constitutes a direct two-fold violation of the Firearm Owners Protection Act by requiring these records be transferred to the United States Government, and also constitutes a system of registration of firearms and firearm owners.
"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, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation."
4. Once reported to ATF, these proposed registration records never go away, but permanently remain in ATF databases at the National Tracing Center, and if traced, will be reported to corrupt Mexican police.
If a trace links to any of these records, even in error, many innocent American gun owners personal information (including name and address, height, weight, drivers license number, possibly Social Security Number, date of birth, place of birth, and all other guns linked to that last name and date of birth) will be reported with a trace. If your name is Smith (or Garcia in the Southwest), there are many people with the same date of birth!
I also find it interesting that ATF was shipping Spanish language 4473s to FFLs not that long ago. Since I do not speak Spanish those went straight to the shredder. Should someone wish to buy a firearm from me their first step is knowing how to speak and read English.
I hope the acting head of ATF appreciates that .223 is .22 caliber, and knows how to say ".22 rimfire" if that was his meaning.
You can't make this stuff up. And yet these people in government have little to no real life experiences in the real world. Their world is government, end of story.
"Technically" .223 is a larger caliber than .22 and we know how the BATFE loves them technicalities.
They know exactly what they wrote.