FBI & ATF are Fishing for Information from FFL Dealers

Contact:
Michael Cargill, Central Texas Gun Works, (512) 731-3585

FBI & ATF are Fishing for Information from FFL Dealers

     Austin, Texas, September 26, 2022 – On Monday, the Federal Bureau of Investigation (FBI) implemented two new requirements of the National Instant Criminal Background Check System (NICS) transaction process for Federal Firearms Licensed (FFL) dealers. These updates were made for the purposes of compliance with the new federal law, the NICS Denial Notification Act of 2022.  This new law requires the FBI to notify the state, local, or tribal law enforcement of all denied firearms transactions within their jurisdiction within 24 hours. FFLs will be required to provide the buyer’s personal information including the buyer's complete address to NICS when a firearms transaction is denied or delayed. The additional personal information will be required before the transaction’s status can be communicated by the FBI to the FFL.

     However, an alarming feature of the new requirements compels an FFL to report to the FBI the personal information of a person whose firearm transaction is merely delayed and not denied.  The language used by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in a recent letter to FFLs mandates this data acquisition to include customers who are ultimately approved for a firearms transaction after being delayed. This is a mandate that is not set forth in the law passed by Congress.  The NICS process was never intended to hinder the ability of law-abiding firearms consumers by requiring the forced collection of unnecessary personal consumer data in bulk. Neither the ATF nor the FBI can act beyond authority of Congress and violate the Constitution by furthering the ultimate goal of creating an illegal firearms owner database.

     Recognizing that the Constitutional rights of a customer’s privacy are being violated by extending this reporting requirement to delayed customers, and since the requirement exceeds the scope of the plain language of the NICS Denial Notification Act, we request the immediate removal of language in the ATF’s new interpretation of the NICS process so as to prevent its application to delayed individuals. I am additionally recommending customers get a concealed handgun license or license to carry a handgun from their state of residence to avoid governmental overreach by the FBI and ATF.

ABOUT MICHAEL CARGILL

     Michael Cargill, the owner of Central Texas Gun Works, has served as a Texas DPS-certified LTC instructor for over ten years and has over 20 years of firearms experience. He is also a Federal Firearms License (FFL) Dealer, NRA-certified Pistol Instructor, Chief Range Safety Officer, and Personal Protection Inside the Home Instructor, Texas School Safety Instructor, Texas First Responder Instructor, and Texas DPS-licensed PSB Instructor for Level II, Level III & IV private security. As of 2022, Michael has taught over 25,000 applicants the required material to obtain a Texas LTC and has a 99% success rate.