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Published:November 14th, 2012 11:47 EST
DOJ's American Version of Gun Running?

DOJ's American Version of Gun Running?

By SOP newswire2

 

You be the judge. In April ATF made some peculiar changes in their form required for over the counter purchase of firearms, Form 4473, Firearms Transaction Record Part I- Over-the Counter. ATF requires firearm dealers to use this form for over the counter gun purchases and cites the reason for these changes to be an order by the Attorney General`s Office. These changes are stunning as they actually make it easier for transient aliens to purchase firearms than for US Citizens. Transient aliens will no longer be required to show any proof of residency and are not required to undergo the same rigorous background checks as citizens. What is the purpose of these changes you may ask? ATF asserts that these changes are necessary to prevent STATES from creating more stringent residency requirements on aliens than those of citizens, but I believe the evidence shows much more than that.

 

"Under a nonimmigrant visa." In addition, FFLs are no longer required to obtain documentation establishing that an alien legally in the United States has resided in the State continuously for at least 90 days prior to the transfer of the firearm. This documentation was previously recorded as a response to Question 20c of Form 4473.

 

Please be advised that all FFLs are required to use the new ATF Form 4473 beginning July 9, 2012. As of that date, you may no longer use the previous edition of the Form 4473.

(Open Letter To All Federal Firearms Licensees, DOJ April 30, 2012)

Gun and ammunition dealers and law enforcement agents are no longer allowed to request proof of residency from ANY nonimmigrant for authorization of shipping, transporting, possessing, or receiving "any firearm or ammunition".

It is relevant to point out that this falls right in line with the recent Supreme Court ruling in Arizona. The Supreme Court, in this ruling gave greater protections to aliens, and the DOJ and ATF are falling right in line. (For further understanding of the Arizona ruling please read here)

Aliens with nonimmigrant visas are just temporary visitors. They do not intend to obtain citizenship, express no intent to stay in this country for more than 90 days, make no application for visa, have made no profession of loyalty to the laws of this land, and have had no formal background checks. Have you tried to buy a firearm from a dealer or store lately? How many HOURS did it take you? I bought a .22 rifle built for young shooters and it took me an hour and 45 minutes just for the background checks (yes that is plural, checkS). With these new changes, the AG and ATF have made it easier for transient immigrants to buy guns and ammunition than for US Citizens. The ATF, in enforcing the AG`s standards, claims that the states have no right to do anything about this; the states cannot make more stringent requirements upon aliens than on citizens. However, there seems to be no problem making more stringent requirements upon citizens than on transient aliens.

"under a nonimmigrant visa." In addition, FFLs are no longer required to obtain documentation establishing that an alien legally in the United States has resided in the State continuously for at least 90 days prior to the transfer of the firearm. This documentation was previously recorded as a response to Question 20c of Form 4473.

 

Please be advised that all FFLs are required to use the new ATF Form 4473 beginning Jul 9, 2012. As of that date, you may no longer use the previous edition of the Form 4473.

(Open Letter To All Federal Firearms Licensees, DOJ April 30, 2012)

The changes made by ATF and DOJ should be even more alarming when we consider the Government Accountability Office report which criticizes our visa offices for "bickering over the degree of association with a terrorist that would make a visa applicant ineligible to enter the United States." Our government is authorizing visas to people with KNOWN terrorist affiliations and then making it easier for them to buy, ship, and transport firearms and ammunition than for our own citizens!

Another interesting change in form 4473 occurs in section 10. The updated form adds a new section and a separate question regarding ethnicity, to distinguish Hispanic or Latinos from all other races. This is in addition to the new section 10-b that requires the person to identify race, giving 5 choices.

The original form looks like this:

The changed form looks like this:

What is the justification for this change? How does a separate distinction between Hispanics and non-Hispanics meet the intent of the Gun Control Act as claimed by the AG? What is the purpose of making this distinction? It is interesting to note that there is no box for "Arab or Middle Eastern" and no box for "Other." The choices are so specific, how would someone answer that question if they were from Iraq or Israel or Pakistan?

Have we just uncovered the DOJ`s American version of gun running? Is this how they are arming our enemies within? Why else would they make it so easy for aliens with known terrorist affiliations to remain in this country and then make it so easy for them buy, possess, and ship firearms? We must know that this will only serve to dilute our 2nd Amendment rights, or at least provide gun hating legislators and organizations with the ammunition to try.

The AG has made it a point to tell us what they believe Congress`s intent is with immigrant aliens and the Gun Control Act. It would seem that it is inherent upon Congress to respond and correct them. Will the AG`s understandings ever be challenged? It is unlikely when the corrections are generally issued by the Department of Justice against the Department of Justice; the agency governing itself. If we make Congress aware of these changes, they will have the opportunity to stop the "lawful" arming of terrorists in this nation. Will they do their job, or do we have to wait for another tragedy?

"Nothing can be more truly Machiavellian in our Ministry than their first endeavoring to sap the liberties of our settlements abroad. Every act, however injurious to freedom, loses its horror by repetition. Thus by progressive steps, and the pleading of precedents, we may expect shortly to see all of our most valuable privileges taken away from us, without so much as feeling their loss, till their restoration is irremediable." The Kentish Gazette, British Newspaper June 11, 1774.

 

ByFred Brownbillon November 2012 in Constitution Legal Watch