Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

BATFE Will Take Step Towards National Gun Sales Registration; NRA Will Take BATFE to Court

Friday, July 15, 2011

On Monday, July 11, the Obama administration announced that the Bureau of Alcohol, Tobacco, Firearms and Explosives will soon begin requiring firearm dealers in the southwestern border states to file “multiple sale” reports on detachable-magazine rifles larger than .22 caliber. Under the plan, each dealer will be required to report, to the BATFE, any sale of two or more such rifles to a single individual with a period of five business days.

The administration’s decision, supposedly aimed at the trafficking of U.S. firearms to Mexican drug cartels, follows findings by Congress that the BATFE, in "Operation Fast and Furious," knowingly allowed straw purchasers to buy five, 10 or 20 firearms in single transactions and transfer them to higher-level gun traffickers working for the cartels. Disapproving of the new sales reporting scheme, House Judiciary Chairman Lamar Smith (R-Texas) said “It is the height of hypocrisy for the Obama administration to restrict the gun rights of border state citizens, when the administration itself knowingly and intentionally allowed guns to be trafficked into Mexico.”

NRA-ILA Executive Director Chris W. Cox promised legal action to stop the BATFE from implementing the rifle sales reports requirement. “The Administration lacks the statutory authority to do this and the NRA will file suit as soon as ATF sends the first demand letters” to dealers, Cox said. The BATFE lacks the authority because Congress has specifically required similar reports only for handgun sales, and therefore implicitly rejected such a requirement for other guns.

The move has already sparked action by pro-gun federal lawmakers. The House Appropriations Committee voted on Wednesday to ban any use of appropriated funds for the scheme (please see related story above), and even before the administration announcement, Sens. Jon Tester (D-Mont.) and Richard Burr (R-N.C.) introduced S. 570 to prohibit the use of federal funds for long gun sales reporting.

Gun control activist groups have demanded the new reporting requirement for months. Michael Bloomberg’s Mayors Against Illegal Guns called for it as part of its August 2009 Blueprint for Federal Action on Illegal Guns. As recently as last week, MAIG ignored the fact that Fast and Furious knowingly allowed straw purchasers to fill up their cars with guns and drive away unimpeded, telling President Obama that the rifle reports would “help ATF and other law enforcement identify individuals who may be buying guns like AK-47s and AR-15s by the carload.”

Even if the sales report requirement survives a legal challenge, it is doubtful that it would satisfy gun control supporters’ desire for ever-increasing record-keeping on firearm purchases. Bloomberg said the requirement is “a logical step” and Arturo Sarukhan, Mexico’s ambassador to the U.S., called it “a step that should prevent straw purchasers and individuals from illegally purchasing weapons in the U.S.” Their comments echoed the Brady Campaign’s earlier characterization of the requirement as “a first step of what should be a comprehensive approach to prevent gun violence in Mexico, and in America.” (Emphases added.)

The subsequent steps that Bloomberg, Sarukhan and the Brady Campaign have in mind are easy to anticipate. First, since some firearm dealers in Utah, Nevada, Colorado, Oklahoma, Arkansas and Louisiana are closer to the Mexican city most plagued by cartel murders, Ciudad Juarez, than dealers in some parts of California, gun control supporters could call for the rifle sales reporting requirement to be expanded to dealers in more states and, ultimately, nationwide. They could demand that the reporting requirement be expanded to the purchase of any two firearms—rifle, handgun, or shotgun—in any combination. And as illegal buyers predictably change their behavior to avoid reporting, anti-gun groups would likely demand a reporting threshold longer than five days.

Second, since straw purchasers could avoid appearing in dealers’ sales reports by buying firearms from multiple dealers, gun control supporters could demand that the instant check system be used to track how often an individual buys guns, as Virginia does to enforce its so-called “one gun a month” law. (Of course, gun control supporters would not be satisfied with a 30-day purchase record retention requirement. In 2009, Sen. Frank Lautenberg (D-N.J.) introduced legislation, S. 2820, proposing that the FBI be authorized to retain records of approved firearm transactions for 180 days.)

Finally, gun control supporters have already called sales by non-dealers a “loophole” that should be "closed" by prohibiting ordinary private firearm sales. Legislation to that effect, H.R. 1781, has already been introduced in Congress by Rep. Carolyn McCarthy (D-N.Y.).

None of this would affect the ability of the cartels to obtain guns by theft, by pay-offs to corrupt Mexican police officers and military personnel, or by smuggling from Central America. But, of course, for gun control supporters that has never been the goal.

Editor’s Note:  In response to the BATFE plan to force the reporting of semi-automatic rifle sales by Federal Firearm Licensees (FFL’s) in Southwest border states including Arizona, California, New Mexico, and Texas, NRA-ILA is looking to gather as much information as possible about the BATFE demand letters.  If you are:

1)   a FFL; and

2)   received a letter from the BATFE requiring you to report multiple sales, or other dispositions, of two or more rifles, as described above, and;

3)   you have conducted such sales in the past and believe that the letter you received requires you to report them to the BATFE,

please contact NRA-ILA’s Office of Legislative Counsel.  The office may be reached by phone at (703) 267-1161, fax (703) 267-1164 or email at [email protected].  If you contact the office via fax or email, please be sure to provide your name, contact information, and, if possible, a copy of the letter you received. 

Please do not contact this office if you are not a FFL, have not received one of these demand letters, or do not conduct sales that would require such reporting.

TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

New Jersey: Assembly Committee Schedules Gun Control Next Week

Friday, December 12, 2025

New Jersey: Assembly Committee Schedules Gun Control Next Week

On Monday, December 15, the Assembly Judiciary Committee will hold a hearing on a couple of gun control bills, promising to gift more coal to Garden State gun owners during the lame duck session. Please contact ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.