by Larry Keane
The National Shooting Sports Foundation (NSSF) – the trade association for America’s firearms industry – announced this week that it will file a lawsuit challenging the legal authority of the Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the Gun Control Act to compel 8,500 federally licensed firearms retailers in Arizona, California, New Mexico and Texas to report the sale of two or more semi-automatic rifles larger than .22 caliber and capable of accepting a detachable magazine that are purchased following an FBI background check by the same individual within five consecutive business days.
At the time Congress authorized the reporting of multiple sales of handguns it could have required it for the sale of long guns, but it did not. ATF is clearly exceeding its lawful authority under the Gun Control Act. Current ATF Acting Director Ken Melson himself has previously questioned ATF’s legal authority to impose this new requirement.
“While we encourage all retailers, not just those along the southwest border, to continue to cooperate with ATF and report any suspicious activity, this is the proverbial ‘slippery slope,’ ” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “If ATF can require this record keeping and reporting requirement of law-abiding retailers in these four states simply by sending a letter demanding the information, than there is no record or report ATF can not require of any licensee, anywhere in the country for as long as ATF wants. They simply need to send a letter demanding it,” said Keane.

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