Ariz. gun dealers challenge rifle requirement

WASHINGTON — A lawyer for two Arizona gun dealers argued last week that the Obama administration in trying to halt the flow of U.S. guns to Mexican drug gangs overstepped its legal authority when it required dealers in Southwestern border states to report when customers buy multiple high-powered rifles.

Attorney Richard Gardiner told a federal appeals court panel Jan. 9 that the directive requires gun dealers to create a records system and the government has no authority to do that.

Gardiner is representing Foothills Firearms, LLC, of Yuma and J&G Sales, Ltd., of Prescott, Ariz..

At issue is a requirement that the Bureau of Alcohol, Tobacco, Firearms and Explosives imposed in 2011 on gun sellers in California, Arizona, New Mexico and Texas. The requirement, issued in what is known as a demand letter, compels those sellers to report to the ATF when anyone buys — within a five-day period — two or more semi-automatic weapons capable of accepting a detachable magazine and with a caliber greater than .22.

The ATF says the requirement is needed to help stop the flow of guns to Mexican drug cartels.

Judge Harry T. Edwards, an appointee of Democratic President Jimmy Carter, asked Gardiner if the model number on a rifle would indicate whether it was covered by the ATF requirement.

“It might,” Gardiner replied, but added that the person doing the record-keeping might not be able to tell that.

“Oh, come on, that can't be right,” Edwards said, suggesting that the person who owns the federal license to sell firearms would know.

Gardiner said that nothing in the law allows for the presumption that the federal licensee would have that knowledge.

Judge Judith W. Rogers, an appointee of Democratic President Bill Clinton, asked if the types of rifles covered by the demand letter were unusual.

Gardiner said they were not: “There are probably 100 million of them in the United States — if not more.” Gardiner said the definition is so broad, it covers rifles for everything from target practice to hunting wolves, deer or bear, or even smaller game.

Justice Department lawyer Michael Raab said sellers should be able to determine by the manufacturer and model number if a particular rifle is covered by the requirement.

He also said that sellers were told they can call the ATF's firearm's technology branch if they have any questions.

“We're not aware of any requests or confusion,” he said.