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NRA-ILA FAX ALERT - Vol. 7, No. 15 4/14/00
JUDGE RULES BATF “DEMAND LETTER” TO FFLs VIOLATES FEDERAL LAW
On Thursday, U.S. District Judge Marvin J. Garbis ruled that a BATF program designed to force Maryland firearms dealer Valley Gun of Baltimore (RSM) to hand over records on firearm transfers was a violation of the 1986 Firearm Owners Protection Act (FOPA).
FOPA specifically prohibits any federal agency from maintaining records on firearm transfers and from developing any system or registration of firearms, firearms owners, or firearms transactions.
BATF claimed that it was able to demand the Maryland gun dealer -- as well as any other dealers it determined were not sufficiently responsive to requests to trace transferred firearms -- submit past records and future records as a part of maintaining and operating its Firearms Tracing System.
BATF intended to store the records and collect additional records until it determined the dealer should no longer be subject to such treatment. At that time the records would be returned or destroyed. BATF also stated its intent to store information contained in the records in an electronic database.
The information was portrayed by BATF as necessary to facilitate tracing efforts, but the vast amount of data demanded had nothing to do with bona fide criminal investigations. But Judge Garbis ruled “BATF cannot...[impose] a requirement that violates...FOPA,” and that the agency’s regulations promulgated prior to the enactment of FOPA (which it was using to justify its actions) are “not reasonably read...to justify the collection of a specific FFL dealer’s firearms transactions records and the maintenance of these records in a government facility.”
The ruling in favor of Valley Gun could mean that any other gun stores that have been targeted by BATF and issued “Demand Letters” to turn over records may not be required to do so.
We will be sure to report on any developments on this front, but other dealers who have received “Demand Letters” may wish to write BATF Director Bradley Buckles requesting (1) the return of records already turned in and (2) release from any further reporting requirement.
The federal court’s decision (RSM, Inc., dba Valley Gun of Baltimore v. Bradley Buckles, BATF Director, Civil No. MJG-00-759) should be mentioned. Attorney Stephen Halbrook, who represented Valley Gun, asks that any responses from BATF be faxed to him at (703) 359-0938.
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The New World Order has a Third Reich odor.
NRA-ILA FAX ALERT - Vol. 7, No. 15 4/14/00
JUDGE RULES BATF “DEMAND LETTER” TO FFLs VIOLATES FEDERAL LAW
On Thursday, U.S. District Judge Marvin J. Garbis ruled that a BATF program designed to force Maryland firearms dealer Valley Gun of Baltimore (RSM) to hand over records on firearm transfers was a violation of the 1986 Firearm Owners Protection Act (FOPA).
FOPA specifically prohibits any federal agency from maintaining records on firearm transfers and from developing any system or registration of firearms, firearms owners, or firearms transactions.
BATF claimed that it was able to demand the Maryland gun dealer -- as well as any other dealers it determined were not sufficiently responsive to requests to trace transferred firearms -- submit past records and future records as a part of maintaining and operating its Firearms Tracing System.
BATF intended to store the records and collect additional records until it determined the dealer should no longer be subject to such treatment. At that time the records would be returned or destroyed. BATF also stated its intent to store information contained in the records in an electronic database.
The information was portrayed by BATF as necessary to facilitate tracing efforts, but the vast amount of data demanded had nothing to do with bona fide criminal investigations. But Judge Garbis ruled “BATF cannot...[impose] a requirement that violates...FOPA,” and that the agency’s regulations promulgated prior to the enactment of FOPA (which it was using to justify its actions) are “not reasonably read...to justify the collection of a specific FFL dealer’s firearms transactions records and the maintenance of these records in a government facility.”
The ruling in favor of Valley Gun could mean that any other gun stores that have been targeted by BATF and issued “Demand Letters” to turn over records may not be required to do so.
We will be sure to report on any developments on this front, but other dealers who have received “Demand Letters” may wish to write BATF Director Bradley Buckles requesting (1) the return of records already turned in and (2) release from any further reporting requirement.
The federal court’s decision (RSM, Inc., dba Valley Gun of Baltimore v. Bradley Buckles, BATF Director, Civil No. MJG-00-759) should be mentioned. Attorney Stephen Halbrook, who represented Valley Gun, asks that any responses from BATF be faxed to him at (703) 359-0938.
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The New World Order has a Third Reich odor.