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FAQ ON THE NEW $500,000 LAW REQUIRING
ATF TO CORRECT ERRORS IN
NFA FIREARM REGISTRATION RECORDS
by Eric M. Larson
WHAT ARE NFA FIREARMS?
The National Firearms Act (NFA) of 1934, as amended (Title
26, United States Code, Chapter 53) regulates firearms such
as machine guns, short-barreled rifles and shotguns; certain
concealable firearms other than pistols or revolvers (called
"Any Other Weapon"); and destructive devices (such as
bazookas, hand grenades, and land mines). Examples of "Any
Other Weapon" include the 12" and 15" barrel variations of
Marble’s Game Getter Gun, the smooth bore .410 bore and 28
gauge H&R Handy-Gun, animal trap guns, cane guns, and
various "gadget" guns not easily recognizable as firearms).
All NFA firearms (except those owned by the United States)
must be registered with the Bureau of Alcohol, Tobacco and
Firearms (ATF) in the National Firearms Registration and
Transfer Record, and any NFA firearm transaction must be
approved by ATF in advance of the transaction.
Because they are regulated under Title II of the Gun Control
Act (GCA) of 1968, as amended, NFA firearms are often
referred to as "Title II" firearms, or as "Class III"
firearms in reference to dealers who buy and sell them.
Ordinary rifles, shotguns, pistols and revolvers are not
subject to the NFA, and are regulated under Title I of the
GCA. Therefore, they are often referred to as "Title I"
firearms.
Because of complaints by gun collectors, concerned citizens,
and Members of Congress, in 2001 the Congress appropriated
$500,000 and is requiring ATF to use it to correct errors in
the NFRTR. President George W. Bush signed this
appropriation into public law on November 12, 2001. Under
the new law, ATF must improve its processing of NFA
paperwork, and ensure that the NFRTR is accurate and
complete.
Each document referred to in this FAQ is listed at the end
of this FAQ in the order in which it was first discussed.
WHAT IS THIS LAW? WHERE TO YOU FIND THE $500,000 AND THE
DIRECTIVE TO ATF?
It is Public Law 107-67, also called the "Treasury and
General Government Appropriations Act, 2002." Its longer
technical legal name is "An Act Making appropriations for
the Treasury Department, the United States Postal Service,
the Executive Office of the President, and certain
Independent Agencies, for the fiscal year ending September
30, 2002, and for other purposes." In plain language, it is
the annual Treasury appropriations bill, which includes
funding for ATF operations. President George W. Bush signed
this legislation on November 12, 2001, and it became
effective on that date.
The $500,000 and the directive to ATF is on page 20 of H.R.
Report No. 107-152, in the paragraph entitled "Improvements
in Firearms Licensing and Regulatory Operations." This
directive to ATF is in so-called "report language." Report
language is a legal instruction which states Congressional
intent, and is legally binding on the agency involved.
WHAT IS "SO-CALLED ‘REPORT LANGUAGE,’" AND IS IT DIFFERENT
FROM REGULAR LAW?
It is called "report language" because it is in the report
on the appropriations bill, rather than in a bill not
related to appropriations (such as the USA Patriot Act of
2001). There is no legal difference between "report
language" and language in any other separate bill passed by
the Congress and signed into law by the President. The law
is the law is the law. Report language is typically used
when the Congress has studied a problem or issue and wants
to correct it or take some other action, but the issue is so
far not large enough to justify a full Congressional
hearing.
WHAT ERRORS IN THE NFRTR HAS THE CONGRESS DIRECTED THE ATF
TO CORRECT?
These errors are identified in the report language of H.R.
Report No. 107-152, noted above, and other report language
on pages 23-24 of H.R. Report No. 106-756 (Public Law
106-554, enacted December 21, 2000), in the paragraph
entitled "Firearms Database Accuracy." This is literally
what the law states, although agencies typically rely on the
legislative history of a Public Law for guidance in
determining Congressional intent.
The errors the Congress has directed ATF to correct include:
(1) registrations of NFA firearms to persons who are
deceased, which may exceed more than 100,000 NFA firearms;
(2) illegal registrations and/or transfers of NFA firearms
by ATF; and (3) the fact that ATF has inadvertently or
otherwise lost or destroyed many original NFA documents. The
latter jeopardizes the accuracy and completeness of the
NFRTR, because (A) the computerized NFRTR has "critical
errors" (such as incorrect firearm serial number) compared
with original NFA documents, and (B) many original NFA
documents remain missing and cannot be found.
WHAT IS THE LEGISLATIVE HISTORY OF PUBLIC LAW 107-67? WHERE
CAN I LOOK TO FIND IT? AND WHERE WOULD ATF LOOK?
The most pertinent legislative history is (1) the paragraph
entitled "Firearms Database Accuracy" identified above,
because it was used in Congressional deliberations to enact
the $500,000 appropriation in 2001 and reflects
Congressional concerns about the accuracy and completeness
of the NFRTR; and (2) Treasury, Postal Service, and General
Government Appropriations for Fiscal Year 2002 (ATF
testimony in Part 1, pages 476-479; and Part 3 (concerned
citizen testimony on pages 7-26). Other legislative history
includes: (1) Public Witness testimonies before the
Subcommittee on Treasury, Postal Service, and General
Government, for each year from 1996 to 2000, all in Part 5
of the published hearing records; and (2) Treasury
Department Office of Inspector General reports No.
OIG-99-009, October 26, 1998, and No. OIG-99-018, December
18, 1998. Because the Office of Inspector General reports
clearly influenced the Congress, they are very important
legislative history.
WHAT IS THE "REPORT LANGUAGE" IN PUBLIC LAW 107-67 ACTUALLY
BASED ON? IN OTHER WORDS, HOW DID THE CONGRESS "GET THERE"
WITH THIS LEGISLATION?
The "report language" is based on several things. But in my
judgement, it ultimately arises from a review of the NFRTR
situation by Dr. Fritz J. Scheuren, an internationally
recognized expert on administrative records systems,
statistics, and record linkage.
After the Subcommittee received Public Witness testimony in
March 2000, it asked ATF a series of questions based on that
testimony and upon audits of the NFRTR conducted by the
Treasury Department Office of Inspector General. These
questions, and ATF’s responses, are on page 23 of the 2001
public witness testimony. Dr. Scheuren’s evaluation of ATF’s
responses is on pages 24-25. Taken together, this
information provided the basis for "report language" on
pages 23-24 of H.R. Report No. 106-756, in the paragraph
entitled "Firearms Database Accuracy."
It is very instructive to compare ATF’s testimony in the
section entitled "Regulatory Processes and Resources" on
pages 476-479 of Treasury, Postal Service, and General
Government Appropriations for Fiscal Year 2002 with the
language in Dr. Scheuren’s evaluation of ATF’s responses to
the Subcommittee on pages 24-25. The House Committee on
Appropriations was clearly heavily influenced by Dr.
Scheuren’s evaluation.
WHAT IS SEN. BOB SMITH TRYING TO DO? WHAT’S THAT ALL ABOUT?
In letter dated August 15, 2001, Sen. Smith states that
because of the types of errors determined to be present in
the NFRTR, he believes that Congressional action will be
required to correct them. Sen. Smith has asked the House
Committee on Government Reform to require the Treasury
Department Office of Inspector General to conduct an audit
of the entire NFRTR. Sen. Smith’s letter summarizes the
NFRTR situation very well.
I have recommended to the Congress that the Treasury
Department Office of Inspector General (OIG) not conduct
this audit, and instead that the House Committee on
Government Reform should consider requiring the OIG to
contract with an independent auditing firm, and for that
firm to conduct a forensic audit of the entire NFRTR
according to the specifications in Sen. Smith’s letter, and
that the audit team have at least one Certified Fraud
Examiner (CFE).
DOES THIS MEAN THERE WILL BE ANOTHER AMNESTY PERIOD?
Yes, possibly, in some form. Under Section 207(d) of the Gun
Control Act of 1968, the Congress authorized the Secretary
of the Treasury to establish unlimited numbers of amnesty
periods, not to exceed 90 days each, after publication of
notice of his intention to do so in the Federal Register. No
Congressional action is necessary.
While it seems likely that only an amnesty period could
correct certain errors in the NFRTR, the term "amnesty" may
not be the right way to characterize this activity for at
least two reasons. First, the term "amnesty" implies
forgiving citizens for deliberately breaking the law;
politicians and law enforcement agents usually oppose
amnesties for that reason. Second, the NFRTR must be
corrected to protect law-abiding citizens from the unjust
seizure and forfeiture of their firearms, as well as being
unjustly convicted of serious felonies because of errors ATF
has made in its records. The objective of this legislation
is to protect innocent citizens from unjust prosecutions
and/or the unjust seizure and forfeiture of their firearms.
In my judgement, the purpose of an amnesty (or whatever it
might be called) is in this instance (1) to correct
injustices, and/or (2) to correct simple oversight or
ignorance of the law. The problem with a general amnesty
that includes everything under the sun, could easily result
in a flood of registrations of stolen Government property
and illegally manufactured weapons. Allowing stolen
Government property to be registered/legitimized with
impunity, and the illegal manufacture of certain NFA
firearms, cannot be deemed a reasonable public policy
objective, as articulated by the Congress in report
language. There may be some people who disagree with my
interpretation.
WHAT CAN I DO IF I AM INTERESTED IN THESE ISSUES?
Please write/contact your Congressional representatives as
soon as possible, and follow up your letter with a personal
visit if possible. Write to them in Washington, D.C.; the
ZIP Code for your Senators is 20510, and 20515 for your
Representative. Also take the time to find out what
committees your representatives have been assigned to; those
who are Members of any of ATF’s authorizing committees may
be particularly helpful to you. It is beyond the scope of
this FAQ to list authorizing committee membership. One way
to find that information is to go to the following Internet
web site: http://thomas.loc.gov/
Urge your Congressional representatives to contact all of
the Chairmen and Ranking Minority Members of the authorizing
committees of ATF, on your behalf, to express your concerns
to them. Then continue to take responsibility by contacting
the committees yourself; having the backing of your
Congressional representative will help you. By "authorizing
committee" I mean the committees that have oversight
jurisdiction over ATF programs. These committees, and how to
contact them, are as follows:
UNITED STATES SENATE: The Honorable Joseph Lieberman,
Chairman; and the Honorable Fred Thompson, Ranking Minority
Member, Committee on Government Affairs, United States
Senate, 340 Dirksen Senate Office Building, Washington, D.C.
20510-6250; telephone Democratic Staff (202) 224-2627,
telephone Republican Staff (202) 224-4751 (yes, that’s how
they list their telephone numbers!), Bipartisan FAX (202)
224-9603; and e-mails are: http://lieberman.senate.gov/newsite/contact.cfm
and senator_thompson@thompson.senate.gov
The Honorable Patrick J. Leahy, Chairman; and the Honorable
Orrin G. Hatch, Ranking Minority Member, Committee on the
Judiciary, United States Senate, 224 Dirksen Senate Office
Building, Washington, D.C. 20510-6275; telephone (202)
224-7703, FAX (202) 224-9516; and e-mails are: senator_leahy@leahy.senate.gov
and http://www.senate.gov/~hatch/email_form.htm
HOUSE OF REPRESENTATIVES: The Honorable Lamar Smith,
Chairman; and the Honorable Robert C. "Bobby" Scott, Ranking
Minority Member, Subcommittee on Crime, House of
Representatives, 207 Cannon House Office Building,
Washington, D.C. 20515-6223; telephone (202) 225-3926, FAX
225-3737; and e-mails are: http://lamarsmith.house.gov and
bobby.scott@mail.house.gov
The Honorable Dan Burton, Chairman; and the Honorable Henry
A. Waxman, Ranking Minority Member, Committee on Government
Reform, House of Representatives, 2157 Rayburn House Office
Building, Washington, D.C. 20515-6143; telephone (202)
225-5074, FAX (202) 225-3974; and e-mails for each are:
http://www.house.gov/writerep/
OTHER IMPORTANT PUBLIC DOCUMENTS NOT REPRODUCED ABOVE; THEY
ARE AVAILABLE IN ANY MAJOR PUBLIC LIBRARY OR AS INDICATED
1. "A New Amnesty Period is the Only Viable Solution to
Correct Errors in ATF’s National Firearms Registration and
Transfer Record," by Eric M. Larson, in Treasury, Postal
Service, and General Government Appropriations for Fiscal
Year 2002. Hearings before a Subcommittee on the Committee
on Appropriations, House of Representatives, 107th Congress,
1st Session. Part 3, Statements of Members of Congress and
Other Interested Individuals and Organizations. Washington,
D.C.: U.S. Government Printing Office, 2001, pages 7-26.
2. "The Bureau of Alcohol, Tobacco and Firearms’
Mismanagement of the National Firearms Registration and
Transfer Record: Disregarding the Treasury Department
Inspector General’s Audit Findings," by Eric M. Larson, in
Treasury, Postal Service, and General Government
Appropriations for Fiscal Year 2001. Hearings before a
Subcommittee on the Committee on Appropriations, House of
Representatives, 106th Congress, 2nd Session. Part 5,
Statements of Members of Congress and Other Interested
Individuals and Organizations. Washington, D.C.: U.S.
Government Printing Office, 2000, pages 6-31.
3. "Violating the Rule of Law: The Bureau of Alcohol,
Tobacco and Firearms Has Not Corrected Errors in the
National Firearms Registration and Transfer Record, Which
Unjustly Subjects Law-Abiding Citizens to Imprisonment,
Fines, and the Confiscation of Their Historic Firearms," by
Eric M. Larson, in Treasury, Postal Service, and General
Government Appropriations for Fiscal Year 2000. Hearings
before a Subcommittee on the Committee on Appropriations,
House of Representatives, 106th Congress, 1st Session. Part
5, Statements of Members of Congress and Other Interested
Individuals and Organizations. Washington, D.C.: U.S.
Government Printing Office, 1999, pages 64-87.
4. "Statement on Proposed Removal of the National Firearms
Registration and Transfer Record from the Custody of the
Bureau of Alcohol, Tobacco and Firearms and its Proposed
Relocation to the Department of Justice," by Eric M. Larson,
in Treasury, Postal Service, and General Government
Appropriations for Fiscal Year 1999. Hearings before a
Subcommittee on the Committee on Appropriations, House of
Representatives, 105th Congress, 2nd Session. Part 5,
Statements of Members of Congress and Other Interested
Individuals and Organizations. Washington, D.C.: U.S.
Government Printing Office, 1998, pages 25-145.
5. "Statement on Proposed Removal of Certain Firearms
Manufactured in the United States in or Before 1934 from
Purview of the National Firearms Act of 1934, as Amended,
and Their Reclassification as ‘Firearms’ as Defined in Title
18, U.S.C., Chapter 44," by Eric M. Larson, in Treasury,
Postal Service, and General Government Appropriations for
Fiscal Year 1998. Hearings before a Subcommittee on the
Committee on Appropriations, House of Representatives, 105th
Congress, 1st Session. Part 5, Statements of Members of
Congress and Other Interested Individuals and Organizations.
Washington, D.C.: U.S. Government Printing Office, 1997,
pages 16-139.
6. "Statement on ‘Curio or Relic’ Firearms Manufactured in
or Before 1934 Which Are Also Classified in the ‘Any Other
Weapon’ Category Under the National Firearms Act (NFA) of
1934, as Amended,"by Eric M. Larson, in Treasury, Postal
Service, and General Government Appropriations for Fiscal
Year 1997. Hearings before a Subcommittee on the Committee
on Appropriations, House of Representatives, 104th Congress,
2nd Session. Part 5, Statements of Members of Congress and
Other Interested Individuals and Organizations. Washington,
D.C.: U.S. Government Printing Office, 1996, pages 35-274.
7. Special Report on Allegations Concerning the Bureau of
Alcohol, Tobacco and Firearms’ Registration and
Recordkeeping of the National Firearms Registration and
Transfer Records, Report No. OIG-99-009. Washington, D.C.:
U.S. Department of the Treasury, Office of the Inspector
General, October 26, 1998;
8. Audit Report on Allegations Concerning the Bureau of
Alcohol, Tobacco and Firearms’ Administration of the
National Firearms Registration and Transfer Record, Report
No. OIG-99-018. Washington, D.C.: U.S. Department of the
Treasury, Office of the Inspector General, December 18,
1998.
NOTE: The Treasury Department Inspector General reports
listed in #7 and #8 above, may be obtained only by filing a
Freedom of Information Act request to the Office of
Inspector General, Department of the Treasury, 1500
Pennsylvania Avenue, N.W., Washington, D.C. 20220. I
personally requested the Treasury Department Inspector
General to consider putting these reports up on their
Internet web site, along with other reports that are posted,
in the interest of public information in view of Public Law
107-67. So far, the Inspector General has not acknowledged
or responded to my request.
Send mail to larsone@starpower.net with
questions or comments about errors in the NFRTR.
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