It Begins: 20 Heavily Armed IRS and ATF Agents Raid Great Falls Gun Store, Seize Firearm Purchase Re

[Fishrrman]

"The IRS committed an egregious breach of privacy for Montana’s gun owners."

Overheard at ATF:
"Hey, get ready for a load of data IRS is sending over to enter into 'The Registry' for Montana..."

[roamer_1]

Having one side of the family that came up a little shadier than the general population, that is definitely SOP. Never just have one moonshine still. 

*FACTS*. My people. 

[Smokin Joe]

"The IRS committed an egregious breach of privacy for Montana’s gun owners."

Overheard at ATF:
"Hey, get ready for a load of data IRS is sending over to enter into 'The Registry' for Montana..."

Makes you wonder, since the BATF has been denied creating a registry of gun owners, if the IRS is doing so as a workaround.
Not only would compiling such a list be outside the ordinary purview of the IRS, they have not been specifically denied doing so. So the question is one of whether this will form a target list for IRS audits (something the IRS can do), or whether there is other targeted information to be gleaned from Forms giving names, addresses, specific firearm manufacturers and types and calibers, for purposes beyond the ordinary or even extraordinary duties and powers of the IRS.

I suppose it is possible that something got slipped into one of those omnibus bills that gave the IRS some power we do not know of, but that begs the question still, namely what business of the IRS what is on those forms?

[Free Vulcan]

I know they Montana AG spoke out about the wrong of this raid. Sounds like a good lawsuit to get the 4473's out of the IRS hands.

[Smokin Joe]

From:

Q11:  What happens to the data provided on Form 4473?
Completed Forms 4473 are retained by the Federal firearms licensee (FFL). ATF does not, and never has, maintained an archive or other information repository on the race or ethnicity of firearm purchasers or licensees, and it has no intention to do so in the future. ATF may inspect individual Forms 4473 containing personally identifying information held by FFLs only for limited regulatory or law enforcement functions-specifically, during inspections, and in the course of investigations (for example, when tracing firearms linked to individual criminal investigations). Similarly, the FFL may use the demographic data to ensure proper identification or facilitate the background check process. There are some limited circumstances – for example when an FFL goes out of business – under which the Forms 4473 or information contained thereon is provided to ATF as required by statute. Even under these limited circumstances, ATF does not aggregate or centralize the demographic information contained on the form.

Q12:  What authority does the federal government have to ask for such information on Form 4473?
Title 18, United States Code (U.S.C.), section 923(g)(1)(A) provides authority for ATF to require such records, and 27 CFR § 478.124 implements that authority, including a requirement that the Form 4473 include information about the purchaser’s race.

Additionally, regulations at 28 CFR § 25.7 prescribe the search criteria used by the National Instant Criminal Background Check System (NICS) and states: "The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence." This information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record.

Nothing about the IRS having legitimate and legal access to, nor the ability to seize the physical forms.

[roamer_1]

I suppose it is possible that something got slipped into one of those omnibus bills that gave the IRS some power we do not know of, but that begs the question still, namely what business of the IRS what is on those forms?

Dunno... but they are carrying now. Federal carry means Sworn. Sworn means ALL federal law, with small discrepancies in jurisdiction... ATF provided jurisdiction...

Like I said, dunno... just bread crumbs