NOTE: This undated letter demonstrates an ATF tactic designed to try and divert attention away from errors in the NFRTR. The tone of the letter suggests that Larson's allegations had no merit; however, the Treasury IG determined, in fact, that: (1) persons working at or for ATF destroyed an unknown number of NFA documents; (2) ATF improperly registered nearly 2,500 firearms on Form 4467--by definition, all these firearms are contraband; and (3) more than 100,000 NFA firearms are currently registered to persons whom ATF has stated are dead. Larson wrote followup letters to President Clinton and to ATF Director Magaw, pointing out the misleading nature of ATF's "response." The letter to Director Magaw has been reproduced here; the letter to President Clinton is not reproduced, because its content closely mirrors that of the letter to Director Magaw. In the letter to President Clinton, Larson enclosed copies of: (1) the October 1998 OIG report; (2) the December 1998 OIG report; (3) his [Larson's] March 1999 testimony before the House Subcommittee on Treasury, Postal Service and General Government Appropriations pointing out that neither ATF nor Treasury have done anything to correct errors in the NFRTR; and (4) the letter reproduced below from Philip Horbert, ATF Chief, Firearms, Explosives and Arson Services Division. DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, D.C. 20226 [this letter is not dated] 901040:GS 5320/13805 Mr. Eric M. Larson P.O. Box 5497 Takoma Park, Maryland 20913 Dear Mr. Larson: This is in response to your letter dated June 5, 1999, to President Clinton. You letter was referred to the Bureau of Alcohol, Tobacco and Firearms for response. Your letter comments on an article in _The Washington Post_ relating to the President's views on gun registration. You urge the President to take steps to correct alleged errors in existing firearms registration records. Your allegations concerning errors in the National Firearms Registration and Transfer Record were fully investigated by the Office of Inspectcor General (OIG), United States Department of the Treasury. You have been provided with copies of reports dated October 26, 1998, and December 18, 1998, that set forth the results of the OIG's investigation. Since the OIG reports thoroughly discuss the merits of your allegations, further explanation is unnecessary. Sincerely yours, (signed--Kent M. Cousins] (for) Philip R. Horbert Chief, Firearms, Explosives and Arson Services Division ------------------------------------------- [page 1] Eric M. Larson P.O. Box 5497 Takoma Park, Maryland 20913 (301) 270-3450 larsone@erols.com August 22, 1999 John W. Magaw, Director Bureau of Alcohol, Tobacco and Firearms 650 Massachusetts Avenue, N.W. Washington, D.C. 20226 Dear Director Magaw: I am writing to you in my capacity as a private citizen, as an Associate Member of the Collector Arms Dealers Association, and as a scholar and collector of historic firearms. I'm writing in particular about the undated letter (copy enclosed) I recently received from Mr. Philip R. Horbert, Chief, Firearms, Explosives and Arson Services Division of the Bureau of Alcohol, Tobacco and Firearms (ATF), in response to a request from you to respond to me. Mr. Horbert states since recent Treasury Department Inspector General (IG) reports "thoroughly discuss the merits" of my allegations that there are serious errors in existing firearms registration records, "further explanation is unnecessary." Mr. Horbert's statement implies that there was no merit to any of my allegations. While I am sure it is disheartening to learn from me that Mr. Horbert has definitely misled President Clinton about this situation, I am sure that you would want this matter brought to your personal attention, as I am doing now. Mr. Horbert's letter seems like further proof that some of the people around you are not serving you, President Clinton, or ATF very well. It is certainly disheartening to know that a member of ATF's top management has not been completely truthful about a serious matter. In fact, as you know, the IG determined that there are serious errors in these records, and confirmed many of my allegations, as noted in the reports. For example, according to the IG, persons working at or for ATF willfully destroyed an unknown number of firearm registration documents; improperly registered firearms; and that more than 100,000 machine guns, bazookas, land mines, sawed-off shotguns and hand grenades are currently registered to people whom ATF has stated are dead. In fact, as ATF stated in an unpublished internal 1981 report: We have the condition where people who registered firearms under the original National Firearms Act at age 65 would now be 112 years old. We know that these people are dead and their heirs have not taken the necessary steps to contact us so that the involuntary transfer created by the registrant's death can be formalized. [page 2] In its defense, ATF stated that nothing in the law imposes any obligation on ATF to confirm or update information in the registration records. I wonder why ATF didn't ask Congress for that authority, despite knowing about this reckless situation since at least 1981. The IG said that "unless ATF acts to address this issue the number of deceased registrants will become greater as time passes and could adversely impact Congress' intention to control these weapons." The IG concluded that "ATF could be subject to further criticism from the public which would reflect negatively on ATF's efforts to administer" the firearm registration records. Unfortunately, neither the IG nor ATF has corrected any of the foregoing errors. Indeed, although ATF stated it would submit a study to the IG by June 30, 1999, reporting how it intends to address the problem of more than 100,000 firearms being registered to dead people, ATF recently told me that this study is not complete and may not be complete; for three or more months. Similarly, no actions have been taken to correct errors caused by documents which have been destroyed, or by improper registrations. Director Magaw, I respectfully submit that no further "study" is neededthe problem has been identified. Creating some other group or committere to continue to admire the problem does nothing to correct it. As my testimony demonstrates, the only practical solution is for the Secretary of the Treasury to establish another amnesty period, which he is empowered to do under current law. As I noted to you in my letter of July 4, 1999, which your staff may have withheld from you, I believe that you, as ATF's top representative, may need to exercise leadership by example. I certainly understand that persons such as Mr. Horbert may be reluctant to be truthful to the President, or to bring you an unwelcome message. But the longer that goes on the more vulnerable ATF becomes to punitive actions by the Congress, and perhaps by various federal courtsit appears that ATF recently backed down from a prosecution in Iowa because it feared that various errors in the NFRTR which I and the IG have documented, would come out in open court. There will be other cases in the future, which may result in such disclosures. As Director of ATF, the solemn responsibility of stopping the passing of this buck ought to stop with you. If it does not, I believe that ATF is going to experience some serious difficulties at some point in the future. At some point, the enclosed article will be published. I am sending it to you because I think you ought to read it. As you may know, I have endeavored to work through the system to correct the errors that the IG has determined exist in the NFRTR. I am sure that you know that some people in ATF don't want to see these errors correctedbecause doing so would amount to admitting to negligence which might cost them their jobs. Well, Director Magaw, let me put this in writing to you and to anybody else who might care to know: I am not interested in getting anybody fired or terminated from their job. I am interested in the problem getting corrected. I am going to continue to work, through the appropriate and established channels, to make sure the errors in the NFRTR are corrected. You, as Director of ATF, have a solemn legal responsibility to make sure these errors are corrected. So far, you haven't done your job. Sincerely, (signed--Eric M. Larson) Enclosure "The Dangers of Secret Federal Gun Registration," by Eric M. Larson. Unpublished article.