Renewing FFL's

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Renewing FFL's

Postby CarlS » Mon Mar 09, 2009 8:55 pm

For consideration, amusement, and maybe concern:

Department of The Treasury
Bureau of Alcohol, Tobacco, Firearms, & Explosives
P.O. Box 409567
Atlanta, Georgia 30384-9567

March 09, 2009

Enclosed is my renewal for my FFL. Thank you for notifying me in advance. Accepting the Treasury Department’s contention that once mailed, any correspondence placed with the US Postal Service can be assumed to be delivered, I believe 84 calendar days and 59 business days should be sufficient time for delivery and processing.

Thank you, too, for the cd containing the 2007 28th Edition of State Laws and Published Ordinances. Given the prevalence of computers in our society, can you explain why it is 2009 and you are furnishing laws that are 2 years old? Reliance on official government publications which are out-of-date could jeopardize a law-abiding citizen’s personal livelihood, and freedom.

And speaking of the cd, I would really appreciate knowing why your cd contains ActiveX and other unidentified components that are not necessary for normal presentation of its’ content and which could be used to “track or control” someone’s PC? Now I’ll need to spend the time necessary to run a root-kit scan. Please tell me you didn’t partner with Sony to publish this cd. In any case, I recommend you make some changes before the next production run.

I do have other questions, though, so please forward this cover letter separately to someone who can provide substantive answers.

(1) I completed and enclosed ATF F 5330.20 (3-2002) that you sent me, which is paperwork requiring me to certify my citizenship. In as much as I was born a citizen, have had my status verified by numerous in-depth federal background investigations, and have previously certified my status when I first applied, and again each time I renewed, it would appear that the paperwork reduction act, as well as best practices, would warrant a change in requirements to eliminate this repetitive expense; expensive for both the government and the citizen. Why do you require it? Do you honestly believe that any illegal alien \ felon would comply with this law in the first place, or hesitate to lie if they felt a need to obtain a license?

(2) I completed and enclosed ATF Form 8 (5310.11). The form you sent me requires me to re-certify information which I have, under penalty of perjury, already certified. It, too, seems to be repetitive, causing increased expenses to me, to all of us. Again, do you honestly believe that any criminal would comply with the law, or would hesitate to lie while (fraudulently) doing so?

(3) Also on Form 8, much space and expensive multi-color ink is used asking applicants to report how many firearms they have acquired, and how many they have resold. Given the facts that dealers are already required to keep records, and that establishment of a gun registration database/list has been deemed unlawful by our supreme court, why does the BATFE incur the costs associated with printing, storage of blank forms, and record keeping, especially when this requirement could be seen as a precursor to the covert unlawful establishment of a national registration list?

(4) Finally, I am curious. The Heller case ruled that the Second Amendment guarantees a right, and the supreme court has already ruled that the claim and exercise of a Constitutional right cannot be converted into a crime [ Miller v. U.S., F.2d 486, 489.} and that it is elementary law that every statute is to be read in the light of the constitution [McCullough v.Virginia, 172 U.S. 102 (1898)\ and that a state (meaning government) may not impose a charge for the enjoyment of a right granted by the federal constitution [Murdock v Pennsylvania 319 US 105 (1942)]. This being so, please explain why I am required to “license” the exercise of my rights?

Thank you for taking the time to address my concerns. It is apparent, and thoroughly documented by none other than the FBI, that gun laws do little or nothing to reduce crime. In fact, FBI reports show that where implemented, they increase crime. I would appreciate your explanation for why counter-productive policies are continued, and suggestions on how we can make improvements.

Sincerely,

/s/ WCS
Still supporting and defending the Constitution, against all enemies, foreign and domestic, as required by
TITLE 5 PART III Subpart B CHAPTER 33 SUBCHAPTER II § 3331 and TITLE 10 Subtitle A PART II CHAPTER 31 § 502
CarlS
USA (Ret.)
Still supporting and defending the Constitution, against all enemies, foreign and domestic, as required by
TITLE 5 PART III Subpart B CHAPTER 33 SUBCHAPTER II § 3331 and TITLE 10 Subtitle A PART II CHAPTER 31 § 502
CarlS
 
Posts: 29
Joined: Tue Mar 03, 2009 9:06 pm

Re: Renewing FFL's

Postby David Lewis » Mon Mar 09, 2009 11:40 pm

I'd sure like to see any response you get to that...

Beyond, "Smith, flag this guy...", that is.

David
David Lewis
 
Posts: 545
Joined: Fri Jun 06, 2003 1:30 pm
Location: Nashville, TN

Re: Renewing FFL's

Postby CarlS » Tue Mar 10, 2009 5:20 pm

You're right, they only have 2 possible responses. Either I'm right, and they will admit that ( not likely ! ), or I'm wrong, and they will provide "substantive" answers ( again not very likely ). Given human psychology, I expect either a prolonged delay in processing, or an attempt to deny. That response, too, will be indicative .... Of course, there's always the possibility that one of those unnamed bureaucrats is an honorable person.

Yeah, I knew the risk, but if we don't ask, if we don't hold them accountable, nothing will ever change, except for their benefit.
CarlS
USA (Ret.)
Still supporting and defending the Constitution, against all enemies, foreign and domestic, as required by
TITLE 5 PART III Subpart B CHAPTER 33 SUBCHAPTER II § 3331 and TITLE 10 Subtitle A PART II CHAPTER 31 § 502
CarlS
 
Posts: 29
Joined: Tue Mar 03, 2009 9:06 pm

Re: Renewing FFL's

Postby johnharris » Tue Mar 10, 2009 7:07 pm

If you don't get a reply, you can always ask a friendly federal legislator's office (if they exist these days) to make an inquiry with similar but more generally worded questions as a "constituent inquiry".
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
Site Admin
 
Posts: 2211
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Location: Nashville, Tennessee

Re: Renewing FFL's

Postby CarlS » Tue Mar 10, 2009 9:48 pm

Thanks, John. Appreciate the suggestion. I'll keep that one in reserve for now
CarlS
USA (Ret.)
Still supporting and defending the Constitution, against all enemies, foreign and domestic, as required by
TITLE 5 PART III Subpart B CHAPTER 33 SUBCHAPTER II § 3331 and TITLE 10 Subtitle A PART II CHAPTER 31 § 502
CarlS
 
Posts: 29
Joined: Tue Mar 03, 2009 9:06 pm


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