Lawsuit Filed by Firearms Industry Against ATF

Lawsuit Filed by Firearms Industry Against ATF

8/20/2011

 

A lawsuit was filed today by the National Shooting Sports Foundation (NSSF) against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The trade association for America’s firearms industry is challenging the legal authority of the government agency under the Gun Control Act, to compel some 8,500 federally licensed firearms dealers in four states to report any sale of two or more rifles. The four are the states of Arizona, Texas, New Mexico and California

The regulation particularly calls for informing the government agency about multiple sales of any semi-automatic rifle that is larger than .22 caliber, and are capable of accommodating a detachable magazine that are bought after an FBI background check by the same person within five successive days.

The lawsuit of NSSF, which was filed in the U.S. District Court for the District of Columbia, is seeking an injunction to stop ATF from implementing the requirement on reporting such types of sales. “Demand letters” have already been sent by the ATF to firearms dealers in four states to notify them that they must start reporting such sales starting August 14.

Lawrence G. Keane pointed out that if the ATF can oblige law-abiding gun dealers in four states to report specific sales by simply sending a letter demanding for the information, there is a possibility that ATF can also do this to licensees located anywhere in the country. Mr. Keane is the General Counsel and Senior Vice President of NSSF. “This is the proverbial ‘slippery slope,’ and our industry is extremely concerned about it,” Keane added.

WRITTEN BY:

blakeh@wellsdrew.com