Monday, January 11, 2016

Obama's Executive Action on Stolen Guns Already the Law

The lame-duck leftist totalitarian freak Barack Obama rules by fiat and the latest questionable executive orders pushing more gun control are no exception.  First a short article from TheHill:

Gun dealers must report stolen weapons, feds say
Gun dealers will soon be required to report lost and stolen firearms to the federal government. 
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Monday published new rules requiring gun dealers to report firearms that are stolen from their property. The requirements will extend to firearms that go missing in transit to a customer. Such weapons are linked to more than 1,300 crimes each year, according to the ATF. 
Gun dealers must also notify the local authorities in addition to the ATF. They will have two days to report the missing weapons. If a federal firearms licensee later finds the guns, they must once again notify the agency. 
The ATF proposed similar rules in 2000 and 2014 but did not put them in place.
The reporting requirements are part of President Obama’s gun control push, which he launched last week with an emotional speech from the White House. 
Citing inaction in Congress, Obama announced a series of executive actions on guns, including expanding the definition of gun dealer so that people selling weapons online or at gun shows will also be required to conduct background checks. 
The rule on reporting gun thefts, which was also part of Obama's announcement, goes into effect in 30 days.
Now, from the ATF's website

Report Firearms Theft or Loss

Any Federal Firearms Licensee who has knowledge of the theft or loss of any firearms from their inventory must report such theft or loss within 48 hours of discovery to ATF and to the local law enforcement agency. (Regulations at 27 CFR § 478.39a and implementing section 923(g)(6) require that the report of theft or loss be made by telephone and in writing to ATF).
Upon discovery of any theft or loss of any of your firearms:

First, call your local law enforcement agency to report the theft or loss. Contacting the local law enforcement authorities is essential to the quick recovery of firearms taken in a crime. If the firearms are unaccounted for during inventory, you should make it clear to the authorities that there is no evidence of a crime and that the disposition of these firearms is unknown and may stem from a record keeping error.

Second, call the ATF’s Stolen Firearms Program Manager toll free at 1-888-930-9275. They can also assist in the preparation of the Theft / Loss Report for submission. ATF will work with the local law enforcement authorities investigating the theft.

Third, complete the report form (ATF Form 3310.11) and attach any continuation sheets necessary (ATF Form 3310.11A) and mail it to ATF’s National Tracing Center. Be sure to submit the original form(s) to ATF and retain copies for your records.

Fourth, complete the report form (ATF Form 3310.6) (INTERSTATE) for firearms missing in shipment; reports can be taken by either party, the Shipper, Consignee/Receiver or the Carrier.
Normal Business Hours are 7:30 am to 4:00 pm Eastern Standard Time
Email or Fax your 3310.11 (Theft/Loss) or 3310.6 (Interstate):
Email: sends e-mail)
1) Fax at 304-260-3676 (Avaya Email) or
2) Fax at 304-260-3671 (Regular Fax) 
**** ATF does not take reports of stolen firearms from private citizens: 
If you are an individual needing assistance in obtaining a serial number for a firearm, ATF is unable to assist private citizens in locating serial numbers as there is no national registration system. One of the following options may assist you:
1. Contact the firearms dealer where you purchased the firearm.
2. If the firearms dealer is out of business and your inquiry is in reference to a stolen firearm, contact your local police department. It is possible they will submit a request to the National Tracing Center for a Records Search Request assuming the circumstances are connected to a bona fide criminal investigation.
3. Contact your state firearms registration office if your state has one.
If you are a law enforcement agency and require assistance in obtaining a serial number for a firearm reported stolen by an individual, your request must be in writing. A search of the Out of Business Records can be obtained for a bona fide criminal investigation. Send the request on letterhead/fax, with your ORI along with your name and case number. You must also provide the name of the dealer, time frame of purchase, firearm information and all the purchaser information including any identifiers. Your request can be faxed to 800-578-7223, attention Record Search Requests.
Last Reviewed June 12, 2015

Strange that the Commander in Chief and his advisers don't know that this requirement is in place already.  Well, of course he does, but as MIT's Jonathan Gruber pointed out, the Democratiic party relies on the stupidity of their voters/supporters to keep them in power. .