From ca-firearms-owner  Wed Jun  1 11:13:19 1994
Return-Path: ca-firearms-owner
Received: from localhost (chan@localhost) by jobe.shell.portal.com (8.6.4/8.6.5) id LAA28401 for ca-firearms-outgoing; Wed, 1 Jun 1994 11:13:11 -0700
Received: from nova.unix.portal.com (nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.4/8.6.5) with ESMTP id LAA28392 for <ca-firearms@shell.portal.com>; Wed, 1 Jun 1994 11:13:06 -0700
Received: from gatekeeper.esl.com (gatekeeper.esl.com [129.193.146.11]) by nova.unix.portal.com (8.6.7/8.6.5) with SMTP id LAA04652 for <ca-firearms@shell.portal.com>; Wed, 1 Jun 1994 11:13:05 -0700
Received: from smtp.esl.com (smtpout.esl.com) by gatekeeper.esl.com (4.1/SMI-4.1)
	id AA03635; Wed, 1 Jun 94 11:11:08 PDT
Message-Id: <n1441653426.33470@smtp.esl.com>
Date: 1 Jun 1994 11:04:45 -0700
From: "Johann Opitz" <Johann_Opitz@smtp.esl.com>
Subject: concerning new FFL Renewal 
To: "California Firearms" <ca-firearms@shell.portal.com>
X-Mailer: Mail*Link SMTP/QM 3.0.0FC3
Sender: ca-firearms-owner@shell.portal.com
Precedence: bulk
Status: RO



Reposted from USENET
Newsgroups:
alt.politics.usa.constitution,alt.society.civil-liberty,misc.legal,talk.politics.guns
Subject: Re: BATF Changes FFL Renewal Requirements Big Time!!!
From: ataylor@nmsu.edu (Nosy)

	Here's the Executive Memorandum in question. In addition
	to the FFL outrages, note items (g) and (h).

==============================================================================

August 11, 1993

MEMORANDUM FOR THE SECRETARY OF THE DEPARTMENT OF THE TREASURY

SUBJECT: GUN DEALER LICENSING

A major problem facing the nation today is the ease with which
criminals, the mentally deranged, and even children can acquire
firearms. The gruesome consequences of this ready availability of guns
is found in the senseless violence occurring throughout the country
with numbing regularity. While there is not one solution to the plague
of gun-related violence, there is more than sufficient evidence
indicating that a major part of the problem involves the present
system of gun dealer licensing, which encourages a flourishing
criminal market in guns.

The Gun Control Act of 1968 established a licensing system for persons
engaged in businesses of manufacturing, importing and dealing in
firearms. These licensees are allowed to ship firearms in interstate
commerce among themselves, and are required to abide by State laws and
local ordinances in their sale of firearms to non-licensees. They are
also prohibited from selling firearms to felons, certain other classes
of persons, and generally to out of state persons. This Act also
established a comprehensive recordkeeping system and authorized the
Secretary to conduct inspections to ensure compliance with the Act.
The statutory qualifications for a licensee are that the applicant is
at least 21 years of age, is not a felon or other person prohibited
from possessing firearms, has not willfully violated the Gun Control
Act, and has premises from which he intends to conduct business. The
license fee for a basic dealer's license is only $10 a year.

The minimal qualification standards of the statute, coupled with
policies of neglect and opposition to legitimate regulatory efforts by
past Administrations, leave us with a situation where in some ways we
have made it easier to get a license to sell guns than it is to get
and keep a driver's license. Today there are in excess of 287,000
Federal firearms licensees, and a great number of these persons
probably should not be licensed. The Bureau of Alcohol, Tobacco and
Firearms (ATF) estimates that only about 30 percent of these are bona
fide storefront gun dealers. ATF estimates that probably 40 percent of
the licensees conduct no business at all, and are simply persons who
use the license to obtain the benefits of trading interstate and
buying guns at wholesale. The remaining 30 percent of licensees engage
in a limited level of business activity, typically out of private
residences. While the Federal statute creates no minimum level of
business activity to qualify for a license, many of the licensees in
this category operate in violation of State and local licensing,
taxing, and other business-related laws. Since the overall purpose of
the Gun Control Act was to assist State and local gun control efforts,
at the very least we need to coordinate the Federal licensing process
with the appropriate State and local agencies.

This Administration is committed to doing more to prevent this
criminal market in illegal guns from continuing to flourish. Since all
new firearms used in crime have at some point passed through the
legitimate distribution system, Federal firearms licensees represent
the first line of defense in our efforts to keep guns out of the hands
of criminals.

Accordingly, you have informed me that you will direct the Department
of Treasury and ATF to take whatever steps are necessary, to the
extent permitted by law, to ensure compliance with present licensing
requirements, such as:

	(a) improving the thoroughness and effectiveness of background
	checks in screening dealer license applicants;

	(b) revising the application process to require the applicant
	to supply all information relevant to establishing
	qualifications for a license, and to require more reliable
	forms of identification of the applicant, such as
	fingerprinting, to assist in identifying an applicant's
	criminal or other disqualifying history;

	(c) making the "premises" requirement of the statute more 
	meaningful by increasing field checks and the use of other 
	procedures to verify compliance;

	(d) increasing the scrutiny of licensee's multiple handgun 
	sales reports and providing automated access to multiple
	sales report information by serial number for firearms trace
	purposes;
	
	(e) requiring dealers to obtain more reliable information
	from purchasers;

	(f) reviewing sanctioning policies to determine the
	feasibility and desirability of adding the option of
	license suspension for certain violations;

	(g) expanding the use of cooperative agreements with State
	and local law enforcement agencies to address licensing and
	trafficking problems;

	(h) expanding ATF's capabilities to utilize effectively the
	firearms transaction records of out-of-business licensees
	for tracing purposes through the use of automation and other
	technology.


Acting pursuant to your statutory authority, you shall make such
determinations and issue orders, regulations and rulings, as
appropriate, to achieve the objectives stated in this memorandum.

==============================================================================


== Johann Opitz      e-mail:  johann_opitz@smtp.esl.com ==
== All Disclaimers Apply (so as to protect my employer) ==


