Albuquerque gun store owner challenging ATF rule

The Associated Press

Posted: 08/06/2011 11:12:14 AM PDT

Updated: 08/06/2011 11:37:42 AM PDT

ALBUQUERQUE, N.M.—An Albuquerque gun store has sued over a federal requirement that weapons dealers in four border states must report multiple sales of semi-automatic rifles.

 

Ron Peterson Firearms was among more than 8,000 gun dealers in New Mexico, Texas, Arizona and California that were ordered last month to report multiple sales of such weapons to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

 

Peterson filed a lawsuit Wednesday in U.S. District Court in Albuquerque, asking a judge to prevent the order from taking effect Aug. 14. It is the third such lawsuit filed this week, all contending that ATF lacks authority from Congress to require the reporting. The suits do not seek money, only a stop to enforcement of the new requirement.

 

The requirement follows a controversial 2009 law enforcement operation in Arizona known as "Fast and Furious" that resulted in more than 2,000 high-powered weapons making their way to Mexico as authorities went after people directing gun buys on behalf of cartels.

 

The operation has been the subject of recent congressional hearings in which the ATF acknowledged making mistakes. Of the 2,000 guns that got into Mexico, only about one-fourth have been recovered, meaning the rest could still in the hands of drug smugglers.

 

Two of the recovered guns were found at the scene where Border Patrol Agent Brian Terry was shot to death in southern Arizona on Dec. 14, although it's unclear whether the fatal

bullet came from one of those weapons or another gun.

ATF spokesman Drew Wade told The Associated Press on Friday that his agency will vigorously defend its authority to collect information from gun store owners.
 
Peterson's attorney, Richard Gardiner, told The Albuquerque Journal ( http://bit.ly/ng5NLC) that the intent of the rule doesn't justify the fact ATF exceeded its authority. Peterson's lawsuit contends that the requirement will damage his business by requiring him to "devote employee time to preparing the reports."
 
Two other lawsuits challenging the order were filed this week in a federal court in Washington, D.C. One was filed by Gardiner on behalf of two Arizona firearms dealers. The other was filed by the National Shooting Sports Foundation, which represents the firearms industry.
 
An ATF letter dated July 17 said weapons dealers must report sales of two or more semi-automatic rifles to a single buyer within five business days. Weapons must be reported if they are larger than .22 caliber and if they can be fitted with detachable magazines.
 
Tom Mangan, an ATF special agent in Phoenix, said high-powered rifles, AK-47- and M-16-type weapons are included.
 
"We're seeing a greater use of that type of gun by the criminal element in Mexico," Mangan said.
 
The ATF plans to use the reported information to identify people who are filling a "shopping list" by purchasing weapons at several stores for shipment to Mexico.
Peterson's lawsuit claimed the rule would result in a "loss of business from both in-state and out-of-state potential purchasers" who will avoid buying rifles "because they wish to protect their privacy rights."
 
Mangan said the rule is simply an "administrative requirement" and doesn't prevent individuals from buying any number of semi-automatic weapons.
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