Codrea: ATF’s Left Hand Doesn’t Know What Its Right Hand is Doing

David's new gig.

A complaint filed Tuesday in the United States District Court for the District of Columbia seeks an order to compel the Bureau of Alcohol, Tobacco, Firearms and Explosives to comply with a Freedom of Information Act request filed in March and ignored in violation of federal law. The FOIA sought copies of policies and rulings relied on in enforcement and determination actions . . .

 Sought in the original request were copies of

instructions, policies or guidance given to agents who serve as hearing officers, or to their superiors, in connection with determining whether an FFL’s license should be revoked or suspended, or issuance of a license be denied, or a civil fine imposed; BATFE’s Federal Firearms Action Policy and Procedure … as currently in force; opinions or positions or determinations as to how complete a firearm receiver must be before it becomes a ‘firearm’ (the point when a ‘receiver blank’ becomes a ‘receiver’); opinions, rulings, policies or interpretations as to which [part] is the receiver for GCA or NFA purposes; opinions, rulings, policies or interpretations relating to or interpreting the term ‘readily restored’; [and] instructions, policies, criteria or guidance relating to granting or denying a remission or mitigation of a forfeiture or of a civil penalty.

The information requested is critical to ensure that citizens don’t suffer penalties due to conflicting rulings. Without clear policies, enforcing compliance and demanding accountability can become inconsistent and arbitrary.

The ATF needs to bring all of these procedures to light. We need transparency.