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
*******
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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.