Monday, January 10, 2011

A Retraction of Sorts

I was wrong when I assumed, as I did here, that "multiple sales within five days" meant "the sale of two or more such firearms."

The draft ATF form (PDF document) requires reporting of multiple sales to the same person.

Let me say this: That form is an illegal requirement. 18 U.S.C. 923(g), which is cited in the AFT's form, specifically states that records of firearms sales are to remain at the seller's location and are not to be sent to the Feds. The only statutory authorization contained in that statute for reporting multiple sales, 18 U.S.C. 193(g)(3)(A), applies only to pistols and revolvers, not rifles:
Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, 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.
("Unlicensed" here means a person who does not have a federal firearms license as a dealer or collector.)

Whether you disagree with the intent of the form or not, whether you want more gun control laws or fewer, that doesn't change the plain fact of the matter is that the ATF has no legal authorization to require firearms dealers to report multiple sales of rifles to a single person.

(H/T)

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