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Author Topic: Immediate action required - Stop Gun Registration act from ATF.  (Read 2677 times)

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Immediate action required - Stop Gun Registration act from ATF.
« on: February 10, 2011, 11:27:16 AM »
The comment period for ATF's rifle registration program has been extended until 2/14/11.  This is perhaps because Mayor Bloomberg and his Mayors Against Illegal Guns (MAIG) were delayed in submitting their own comments. See full story at http://www.gunleaders.com/blog/2011/02/06/why-was-the-atf-multi-rifle-sale-registration-comment-period-extended/


IMMEDIATE ACTION should be taken by all firearm owners, firearm rights advocates, firearm enthusiasts, hunters, sportsmen, freedom lovers, etc. to send a clear message that we don't want this.  Please send comments to the contact information below and remember to sign your name to ensure that your comment is considered. We don't want the anti-gun lobby to beat us on numbers just because we're too lazy to do something.


Send comments to barbara.terrell@atf.gov or fax them to (202) 648-9640

Suggested Comments:

Quote
I am writing to oppose the so called emergency regulation to register multiple sales of certain rifles with BATFE as described in FR Doc. 2010-31761 from the 12/17/2010 Federal Register. http://edocket.access.gpo.gov/2010/pdf/2010-31761.pdf
This regulation is both illegal and unnecessary. Further there is no justification for any "emergency" implementation as reported by the Washington Post:
White House delayed rule meant to stop gun flow to Mexico, Washington Post, Dec. 17, 2010, On-line edition:
( http://www.washingtonpost.com/wp-dyn/content/article/2010/12/17/AR2010121706598.html ).
* The regulation 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.
* "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.




The text of the measure from the Federal Register:
Quote
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms and Explosives

OMB Number 1140–NEW

Agency Information CollectionActivities: Proposed Collection; Comments Requested

ACTION: 60-Day Emergency Notice of Information Collection Under Review: Report of Multiple Sale or Other Disposition of Certain Rifles.


The Department of Justice, Office of Justice Programs, will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with emergency review procedures of the Paperwork Reduction Act of 1995. OMB approval has been requested by January 5, 2011. This notice requests comments from the public and affected agencies concerning the proposed information collection. If granted, the emergency approval is only valid for 180 days. Comments should be directed to OMB, Office of Information and Regulation Affairs, Attention: Department of Justice Desk Officer (202) 395–6466, Washington, DC 20503.


During the first 60 days of this same review period, a regular review of this information collection is also being undertaken. All comments and suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Barbara A. Terrell, Barbara.Terrell@atf.gov Firearms Industry Programs Branch, Fax (202) 648–9640, Bureau of Alcohol, Tobacco, Firearms and Explosives, 99 New York Avenue, NE., Washington DC 20226.


Written comments and suggestions from the public and affected agencies concerning the proposed collection of information. Your comments should address one or more of the following four points:

—Evaluate 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;

—Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

—Enhance the quality, utility, and clarity of the information to be collected; and

—Minimize 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.


Summary of Collection:


(1) Type of information collection:  New.

(2) The title of the form/collection: Report of Multiple Sale or Other Disposition of Certain Rifles.

(3) The agency form number, if any, and the applicable component of the department sponsoring the collection: Form Number: ATF F 3310.12. Bureau of Alcohol, Tobacco, Firearms and Explosives.

(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or For-Profit Other: None.


Need for Collection

The purpose of the information 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 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.

(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 8,479
respondents will complete a 12 minute form.

(6) An estimate of the total public burden (in hours) associaed with the collection: The estimated total public burden associated with this information
collection is 1,696 hours.

If additional information is required contact: Lynn Murray, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, 145 N Street, NE., Two Constitution Square, Room 2E–502, Washington, DC 20530.


Lynn Murray,
Department Clearance Officer, PRA, United
States Department of Justice.
FR Doc. 2010–31761 Filed 12–16–10; 8:45 am
BILLING CODE 4410–FY–P
« Last Edit: February 10, 2011, 12:08:01 PM by GunLink »

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Immediate action required - Stop Gun Registration act from ATF.
« on: February 10, 2011, 11:27:16 AM »

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