From:                              O'Leary, Nicholas E.

Sent:                               Tuesday, January 10, 2012 9:46 AM

To:                                   gregory.smith3@verizon.net

Subject:                          RE: transactions of firearms for law enforcement purposes

 

Dear Mr. Smith,

Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email in which you inquired about the information collection regarding OMB Number 1140-0024. In your email, you provided information regarding the California Attorney General and the State of California firearms transaction procedures.

 

Each licensed importer, licensed manufacturer and, licensed dealer, shall maintain such records of importation, production shipment, receipt, sale, or other disposition, of firearms at his place of business, for such period, and in such form as the Attorney General may by regulations prescribe. Such importers, manufacturers and dealers, shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section (18 U.S.C. 923(g)(1)(A)). Each Licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attorney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Attorney General in such letter may specify (18 U.S.C. 923 (g)(5)(A)).

 

ATF Form 5300.5 is used when the Bureau of Alcohol, Tobacco, Firearms and Explosives Official has reason to believe that the licensee is not complying with law.  The licensee may be called upon to report firearms transactions for such periods and at such times as the Bureau of Alcohol, Tobacco, Firearms and Explosives Official may deem necessary, to determine the amount of activity and types of transactions, and whether the activity is criminal.  The form clearly identifies the information required and it is drawn from the required records.  ATF personnel examine the completed forms to determine the extent of discrepancies, if any. 

 

The State of California may have its own reporting requirements regarding the transfer of firearms.  For further information regarding those requirements, please contact the California Attorney General at:

 

Office of the Attorney General California Department of Justice

Attn: Public Inquiry Unit

P.O. Box 944255

Sacramento, CA 94244-2550

 

I trust this correspondence has been responsive to your inquiry.  Should you have any further questions, please feel free to contact me at Nicholas.OLeary@atf.gov.   

 

Regards,

 

 

Nicholas O'Leary

Bureau of Alcohol, Tobacco, Firearms and Explosives

Firearms Enforcement Specialist, Firearms Industry Programs Branch

99 New York Ave. NE Mail Stop 6.N-523

Washington, DC 20226

TEL: 202-648-7264 FAX: 202-648-9601

 

  

*******

NOTICE: This e-mail message and any attached files are intended solely for the use of the addressee(s) named above in connection with official business.  This communication may contain Sensitive But Unclassified information that may be statutorily or otherwise prohibited from being released without appropriate approval.  Any review, use, or dissemination of this e-mail message and any attached file(s) in any form outside of the Bureau of Alcohol, Tobacco, Firearms & Explosives or the Department of Justice without express authorization is strictly prohibited.

   

From: gregory.smith3@verizon.net [mailto:gregory.smith3@verizon.net]
Posted At: Tuesday, November 15, 2011 2:41 PM
Posted To: Renewal5300
Conversation: transactions of firearms for law enforcement purposes
Subject: transactions of firearms for law enforcement purposes

 

Hi Mr NicholasO' Leary,

 

Your information collection forfirearms transactions and your email was observed per reference 1.

 

If interested to copy California firearmtransaction procedures, Assembly Bill 809 (reference 2) and itssigning message (attachment 1) predict the California AttorneyGeneral/Dept of Justice maintains records of transactions. Thus, yourburden to collect information might be reduced if a person or officefor the Attorney General or Dept of Justice can supply you recordswith these procedures.

 

A court case was reported fortransactions of ammunition per attachment 2 and causedveto of Senate Bill No. 427, Ammunition and firearms (Sept 2011). Theveto might indicate increased risk to local transactionrecord-keeping, and make your collection necessary as a backup, ifrecords of ammunition transactions are in scope?

 

Mr Gregory Smith

Lancaster, CA

reader/internet browser

 

Reference(s)

1.

http://www.gpo.gov/fdsys/pkg/FR-2011-11-15/html/2011-29375.htm

Federal Register Volume 76, Number 220(Tuesday, November 15, 2011)

FR Doc No: 2011-29375

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearmsand Explosives

OMB Number 1140-0024

Report of Firearms Transactions

 

2.
http://www.leginfo.ca.gov/bilinfo.html

California Assembly Bill 809, Firearms.

Date: October 9, 2011

[excerpt] In order to assist in theinvestigation of crime, the prosecution of civil actions by cityattorneys [content omitted], the arrest and prosecution of criminals,and the recovery of lost, stolen, or found property, the [California]Attorney General shall keep and properly file a complete record ofall copies of fingerprints, copies of licenses to carry firearms ,[content omitted] dealers’ records of sales of firearms , [contentomitted] and reports of stolen, lost, found, pledged, or pawnedproperty in any city or county of this state.