Eric M. Larson P.O. Box 5497 Takoma Park, Maryland 20913 (301) 270-3450 larsone@erols.com July 4, 1999 John W. Magaw, Director Bureau of Alcohol, Tobacco and Firearms 650 Massachusetts Avenue, N.W. Washington, D.C. 20226 Dear Director Magaw: On this solemn date commemorating our Nation's freedom, 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 historical firearms Based on conversations with Mr. John Picchietti and others, I understand that you are personally aware of my efforts to encourage the Bureau of Alcohol, Tobacco and Firearms (ATF) to correct errors in the National Firearms Registration and Transfer Record. As you know, in late 1998 the Treasury Department Inspector General (IG) determined that persons working at or for ATF destroyed NFA documents, and was unable to determine the number and type of documents. The IG also found that ATF improperly registered NFA firearms, and that more than 100,000 NFA firearms are registered to people who are dead. The IG's determinations mean that some unknown number of ATF's records are inaccurate, incomplete and therefore unreliable. In fact, ATF's letter to me dated May 18, 1999 (a copy of which is enclosed), states, the NFRTR data base in 1998 "as a whole does not reflect reliable data." Yet, ATF has still done nothing to correct the NFRTR, ignoring a 1979 Department of Justice determination that if even one owner of an NFA firearm presented a registration document that is not in the NFRTR, "the only solution" is to establish another amnesty. That standard was met in the Napolilli case, as indicated in my 1999 testimony before the House Subcommittee on Treasury, Postal Service and General Government Appropriations. It may well have been met in other cases which ATF has declined to publicly identify. This situation requires youas ATF Directorto exercise leadership and to ask the Congress for the authority to extend the current 90-day statutory period for an amnesty, to one year. This will enable ATF to correct the NFRTR in a timely and accurate fashion. It seems prudent to bring some of the core values of federal law enforcement to your attention, and I quote: Rigorous obedience to constitutional principles ensures that individually and institutionally we always remember that constitutional guarantees are more important than the outcome of any single interview, search for evidence, or investigation. Respect for the dignity of all whom we protect reminds us to wield law enforcement powers with restraint and to recognize the natural human tendency to be corrupted by power and to become callous in its exercise. We who enforce the law must no merely obey it. We have an obligation to set a moral example which those whom we protect can follow. It is extremely unfortunate that a few individuals within ATF with responsibility for correcting errors in the NFRTR have not done so, because their inaction can only raise larger questions about ATF's fitness as a member of the federal law enforcement community, and continue to discredit ATF as an agency. It is my sad duty to report to you that "American Terrorist Force" is what some people at the FBI Academy call ATF, in reference to an agency whose top management does not always rigorously follow the law. Perhaps the most serious violation is ATF's ongoing certifications at criminal trials that certain NFA firearms are not registered in the NFRTR, without comment upon the inaccuracy of the NFRTR data base. A completely truthful certification would state: "ATF, after diligently searching a data base which the Treasury Department Inspector General has found to be incomplete and inaccurate, hereby certifies that no record of a registration for the subject firearm can be found." Director Magaw, ATF's refusal to correct the errors it willfully created in the NFRTR is shameful, I have personally written to you about this a number of times. Yet, you and others at ATF have invariably responded by stating that because my allegations are under investigation, it would be inappropriate for ATF to comment in any way. But my allegations have been independently proven by the Government itself. The Treasury Department Inspector General confirmed my allegations, and the investigations are over. No further study is necessary. The NFRTR records are inaccurate, incomplete, and must be corrected. ATF engaged in mismanagement and possibly misconduct in its administration of the NFRTR, which continues to unjustly subject law-abiding citizens to imprisonment, fines, and confiscation of their historic firearms. The Government can't afford to tolerate this situation, despite the institutional embarrassment it unquestionably brings to ATF. Does the buck stop with you? I would appreciate your personal response to this letter at your earliest convenience. Thank you. Sincerely, (signed---Eric M. Larson) Enclosures cc: The Honorable Jim Kolbe, Chairman House Subcommittee on Treasury, Postal Service and General Government Appropriations