June 5, 1998

The Honorable Lauch Faircloth
United States Senate
317 Hart Senate Office Building
Washington, D.C.  20510-3305

Dear Senator Faircloth,

I have had only good relations with the BATF for several years.  On many
occasions I have written the BATF for advice on specific matters.
Without fail, I have received a courteous and generally helpful answer
within a reasonable, often prompt, time.

In April, I applied to the BATF for a 'form 5' in order to ship a Title
Two firearm to a licensed manufacturer for repair.  The 'form 5' was
returned to me with a note stating that the firearm, for which I had
requested the 'form 5', was not registered to me.

This was a frightening experience.  Possession of an unregistered Title
Two firearm is a federal felony with a possible ten year prison sentence
and a $10,000 fine.  Fortunately, I have the original registration papers
locked in a safe deposit box at a local bank.  The original documents
prove that the Title Two firearm in question is legally registered to me.

The BATF's firearm registry is obviously in error.  When an error is
discovered by the BATF, the burden of proof is on the individual.

The more that I think about this matter, the more concerned I have
become.  Suppose that I had stored my original documents at home and they
had been destroyed in a fire, flood or tornado.  Without the original
documents to prove my legal ownership, I could have lost every firearm
that I have collected during the last forty years.  I would have faced
federal felony charges and large attorney fees to defend myself. All of
this because of an error in the BATF's firearm registry, not through any
fault of my own.

I have been very scrupulous in dealing with Title Two firearms.  I have
sought BATF guidance many times before doing things that others have
assured me were legal.  I want to always be 'squeaky clean' and never be
in any 'gray area' of the law or of the BATF's rules.  To the BATF's
credit, they have always assisted me when I had a question.

I made a copy of the original documents and sent them to the BATF.
Since then, I have heard nothing.  I trust that I am safe though since I
still have the original document safely locked away.  Until I receive a
BATF reply though, I live in fear of the next knock at my door.

I learned that a researcher, Eric M. Larson, recently testified before
the House Subcommittee on Treasury, Postal Service and General Government
Appropriations regarding errors in the BATF's Title Two firearm
registery.   I sent copies of the BATF's note to me and copies of my
original paper work to him.

I don't know what, if anything can be done to correct the NFA's Title Two
registry.  I just wanted to bring the situation to your attention.

                 Best regards,

                (signed) Mont Lamar Mendenhall