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Ed Huntress Ed Huntress is offline
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Default [OT] Second Ammendment Question



"Steve W." wrote in message ...

Ed Huntress wrote:

Yeah, I know about form 4473, but it's kept in a *bound book* by the
dealer.
No one else has that data unless and until ATF has a reason to come looking
for it. And they won't know unless they start with manufacturers'
shipments.
Then to the wholesaler, who one hopes also has good records, and so on.
It's
a bitch and it all has to be done by hand, going through paper.

"As of July 2004, approved purchaser information is no longer kept for
ninety days but is instead destroyed within twenty-four hours of the
official NICS response to the dealer. The requirement that approved
purchaser information be destroyed within twenty-four hours has been
included in the appropriations bills funding the Department of Justice
(which includes ATF and the FBI) every year since 2004.5 Each of these acts
contains additional provisions which restrict disclosure of data
obtained by
ATF via crime gun traces. In 2006, Congress failed to pass H.R. 5005, which
would have codified and made permanent the restrictions on disclosure of
crime gun trace data.

"As a result of these restrictions, ATF inspectors are no longer able to
compare the information on file with the dealer to the information the
dealer submitted to NICS. The Department of Justice Inspector General has
noted that the shortened retention time makes it much easier for corrupt
firearm dealers to avoid detection."

The FBI keeps records of those who failed the background check.

http://smartgunlaws.org/federal-law-...check-records/

================================================== ================
(SW)

And you BELIEVE that they actually destroy the computer record?

================================================== ================
(EH)

WHICH record? They don't destroy records of those who fail. The FBI keeps
them, under the law. As for those who pass, do you have some reason to
believe they DON'T destroy them? That's the law. Why would they risk their
careers, and jail, for the sake of keeping records that do them no good,
personally, and which are prohibited by law?

Or are you just generally paranoid? Wait, don't answer that...d8-)

================================================== =================

(SW)

As for the ATF, I have witnessed them come into a dealer, open the book
and start writing down the names and addresses of EVERYONE who owned any
type of firearm they didn't like. They were there for over 6 hours and
when an employee questioned them about it being illegal HE was told that
unless he left the building immediately HE would be arrested for
violating the law himself.

I have also been told similar accounts from other dealers.

--
Steve W.

================================================== =================
(EH)

Any firearm "they didn't like"? And what makes you think they don't "like"
it? Or is it a type of firearm that's been used in some crime(s) they're
investigating?

It's their prerogative, Steve. The records are kept for the ATF (and, I
think the FBI, but I'm not sure about that) to investigate at ANY TIME in
the service of law enforcement. Part of that is checking to see if the FFL
holder is selling suspicious numbers of certain types of firearms, to
probable straw purchasers. The law on that is pretty extensive.

Keeping it in a book at the dealer is a nutty, paranoid reaction by the
extreme right wing of NRA members, which NRA lobbied for and won. It is,
IMO, crazy. It's as if they intended to defeat any attempt to prosecute the
chain of unlawful transactions that put guns in the hands of criminals. And
then they blame the ATF for failing to enforce the law. Neat trick, eh?

--
Ed Huntress