Rules Eased on Gun Sales to Noncitizens

[petronius]

WASHINGTON — The Bureau of Alcohol, Tobacco, Firearms and Explosives is relaxing restrictions on the sale of guns to noncitizens because Justice Department lawyers have concluded that the rules had no legal basis, officials said on Thursday.

In a letter to firearms dealers on Thursday, the bureau said it would soon drop a regulation that bars the sale of guns to noncitizens until they can document that they have lived in a state for at least 90 days, such as by producing three months of utility bills in their name at a local address.

While citizens, too, must generally be residents of a state in order to buy weapons there, the 90-day rule does not apply to them. The letter said the Justice Department had concluded that the Gun Control Act does not empower the A.T.F. to impose a stricter requirement on noncitizen gun buyers.

“Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for state residency and proof of residency,” the A.T.F. said in the letter.

http://www.nytimes.com/2011/12/23/us/atf-eases-rules-on-gun-sales-to-noncitizens.html?_r=1&ref=us

Good decision, IMO...

[Glassunion]

1. We should just arm the terrorists at the border.

Everyone everywhere gets an arsenal!!!

[petronius]

2. Terrorists buy RPGs and full-auto AKs in gun show parking lots

This has nothing to do with them...

[Glassunion]

3. But arming them at the border would save them the trouble.

[PavePusher]

4. And keep the BATFE gainfully employed!

Actually, I'm not sure if I'm saying that sarcastically, or not...

But heck, it looks Festive:

[ileus]

5. Rude baser toters gunners.

[discntnt_irny_srcsm]

6. After all...

...it does say "We the People..." not "We the Citizens...".

[X_Digger]

7. Nice to see an overreach by the BATFE get smacked down.

They claim waaaaay too much latitude that isn't backed up by actual law.

[DissedByBush]

11. Probably the worst governmental department

Totally inept in enforcement, and they even try to create illegal and uncertain situations.

I'll try to pull up the exact case, but a while back someone wanted to make a gun modification and sell it. He didn't know if certain BATFE rules would kick in regarding this, which could make the manufacture and sale illegal without going through proper BATFE channels.

So the guy did the rational thing: He asked the BATFE for a determination.

The BATFE's answer basically boiled down to "Make it, and if we arrest you then you'll know it was illegal."

WTF?

[Glassunion]

12. "Probably the worst governmental department" nah... They are in the number 2 spot behind the TSA

in my book.

[DissedByBush]

13. You are correct, I revise my ranking n/t

[AtheistCrusader]

8. Good. An unlawful restriction on resident aliens.

Glad to see it go. Have some co-workers that will be quite happy about this one.

[SteveW]

10. Tend to agree with you on this. nt

[burf]

9. How does this ruling square with

18 U.S.C. § 922(g)(5) ? Does it also change the Form 4473 (Firearm Transaction Record) when a nonresident purchases a gun from an FFL? Specifically, parts 12 (k) & (l).