12/07 Important Questions For Acting-BATFE Director Michael Sullivan
From Larry Pratt, Executive Director
Gun Owners of America
8001 Forbes Pl Springfield VA 22151
Phone: 703-321-8585 Fax 703-321-8408
November 30, 2007
“We’ll miss him in Massachusetts, but he’ll be a strong leader at ATF, and I look forward to working with him on key issues on gun control.” — Senator Ted Kennedy
Gun Owners of America opposes the confirmation of Michael Sullivan to be the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. And before any director is confirmed, there are a number of serious questions that must be satisfactorily answered.
Some of them are as follows:
1. Will you end the practice of imposing undefined legal standards on dealers, and work to define the word “willful” as it relates to record-keeping violations?
2. Will you hold government officials accountable to the full extent of the law for fraud, misuses of government personnel and property?
3. Will you support legislation to require videotaping of firearms testing in criminal cases?
4. Will you require precise testing procedures to be put into writing for evaluating whether an item is a firearm? Will you reevaluate previous rulings made before the existence of written procedures?
5. Will BATFE employees be allowed to testify about the nature of a firearm before testing procedures are put into writing?
6. Will you stop BATFE from tracing firearms that have not been taken as evidence in a crime?
7. Have you taken measures during your initial tenure to ascertain whether gun traces requested by police agencies are being done under the terms of 18 U.S.C. 926(a) which limits traces as part of a criminal investigation?
8. What have you done to restrain BATFE employees from pulling licenses (or pressuring the surrender of licenses) from federal firearms licensee holders, for paper work errors that have no criminal intent?
9. What have you done to require printed procedures to be issued to dealers regarding the filling out of Form 4473 and other required paperwork?
10. What was the legal basis for refusing to approve Form 6 applications for importation of any frames, receivers or barrels for firearms that would be prohibited from importation if assembled? Was 27 CFR 478.112 changed to permit this change? How did this change comply with the APA at 5 U.S.C. 553 regarding notice to those affected and opportunity for them to comment?
11. Will you drop the government’s appeal against Albert Kwan who has been acquitted of all charges?
GOA would be more than happy to discuss these issues with you and your staff.