ATF proposes new record-keeping rules, but fails to address advancing technologies
WASHINGTON — A July 6 post by the ATF proposed some new record-retention rules addressing the duration of the retention period. The underlying tension from the perspective of the gun-owner’s community is the ATF’s ability to access records during a specific criminal investigation, while simultaneously complying with the 1986 Firearms Owners’ Protection Act (FOPA), which prohibits “…any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.”
The ATF fails to clearly explain how they are avoiding the “registry” in the context of the explicit exception. The claim is that records are stored as images without optical character recognition and thus are “non-searchable.” But the images contain personal information and in fact comprise a registry (even if unsearchable), and importantly fails to address the application of modern technologies, like AI, that can easily make it searchable.
The proposed rule is available for comment until August 4 on the Federal Register.
Virginia court refuses to consolidate cases challenging Virginia “assault weapons” ban
RICHMOND, Va. — On July 6, a three-judge panel appointed by the Virginia Supreme Court denied the Commonwealth’s motion to consolidate multiple cases challenging new gun control laws.
The cases affected include:
- Santolla v. Katz (Washington County)
- Crump v. Katz (Lancaster County)
- Curtis v. Katz (Spotsylvania County)
- Black v. Hook (Fauquier County)
This bodes well for gun owners in that it allows existing preliminary injunctions stand, forces the state to litigate on multiple fronts, and suggests that the courts are not automatically aligned with politics in Richmond.
In its order, the panel stated that “The Commonwealth has not met the burden of showing the necessary factors to grant the application,” and also pointed out that “It is too late to properly prevent inconsistent rulings.”
The Civil Rights Division of the Justice Department filed its own separate lawsuit against Virginia on July 1.
