| NRA-ILA FAX ALERT |
| (800) 392-8683 |
Fax: (703) 267-3918 |
groots@nra.org |
| Vol. 7, No.15 |
11250 Waples Mill Road, Fairfax, VA 22030 |
4/15/2000 |
JUDGE RULES BATF "DEMAND LETTER" TO FFLs
VIOLATES FEDERAL LAW |
|
|
"BATF
cannot... [impose] a requirement that violates... FOPA" |
|
-- U.S. District Judge Marvin J. Garbis |
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.
ATF Director
Bradley Buckles |
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.
=+=+=+=+
This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA.
This and other information on the Second Amendment and the NRA is
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