NSSF Sues to Block ATF Multiple Sales Reporting Requirements

The National Shooting Sports Foundation (NSSF) today filed a lawsuit challenging the legal authority of 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 rifles.

The ATF has issued new requirements, effective August 14, which would compel firearm retailers in these four states to report multiple sales of any semi-automatic rifle 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.

NSSF’s lawsuit, filed in the U.S. District Court for the District of Columbia, seeks an injunction to block ATF from implementing the reporting requirement. ATF has sent “demand letters” to firearms retailers in the four states to inform retailers they must begin reporting such sales by August 14.

CLICK HERE to Read the NSSF Complaint in Federal Court (NSSF v. Nelson)

NSSF Senior Vice President and General Counsel Lawrence G. Keane pointed out that if ATF can require this record-keeping and reporting requirements in these four states simply by sending a letter demanding the information, then there is no record or report ATF cannot require of any licensee, anywhere in the country, for as long as ATF wants. “This is the proverbial ‘slippery slope,’ and our industry is extremely concerned about it,” said Keane.

Keane added, “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. Acting ATF Director Ken Melson himself has questioned ATF’s legal authority to impose this new requirement.”

Even if ATF had the legal authority to require multiple sales reporting for long guns, NSSF believes the policy would still be unwise. The NSSF suggest that illegal firearms traffickers will simply alter their schemes to avoid and evade the reporting requirement, making it more difficult for retailers to identify and report suspicious activity. For example, traffickers could simply move their illegal trafficking activities to other states where the reporting requirement does not exist.

NRA Also Files Suits Challenging ATF’s Multiple Sale Policy
Also today, the National Rifle Association filed a separate lawsuit in the U.S. District Court for the District of Columbia challenging ATF’s requirement for reporting multiple sales of rifles.