[Congressional Record Volume 168, Number 76 (Friday, May 6, 2022)]
[Extensions of Remarks]
[Page E457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      GETTING RID OF ATF'S ILLEGAL LISTS OF LAW-ABIDING AMERICANS

                                 ______
                                 

                           HON. PAUL A. GOSAR

                               of arizona

                    in the house of representatives

                          Friday, May 6, 2022

  Mr. GOSAR. Madam Speaker, I rise to demand that the Bureau of 
Alcohol, Tobacco, Firearms and Explosives (ATF) destroy their illegal 
lists of law-abiding gun-owning American citizens.
  The Firearms Owners' Protections Act of 1986, 18 U.S.C. 926(A)(3), 
says that ``No such rule or regulation prescribed after the date of the 
enactment of the Firearms Owners' Protection Act may require that 
records required to be maintained under this chapter or any portion of 
the contents of such records, be recorded at or transferred to a 
facility owned, managed, or controlled by the United States or any 
State or any political subdivision thereof, nor that any system of 
registration of firearms, firearms owners, or firearms transactions or 
dispositions be established.'' There could not be a clearer prohibition 
on lists of gun owners.
  However, incredibly ATF has 920,664,765 records. And 94 percent of 
those records are digitized. But never fear, we must trust ATF's word 
that these records are ``nonsearchable.'' But it begs the question; why 
have a database if it is unsearchable? Their excuse is ludicrous. This 
is a gun registry of lawful gun-owning citizens clearly prohibited by 
federal law.
  And they want more people on the list. The current process is already 
illegal and unconstitutional, as all firearms dealers are required to 
turn over EVERY record to the ATF when they lose their federal license. 
But now, the Biden administration's new regulations require that ALL 
records be kept.
  ATF has engaged in another troubling unconstitutional action--this 
time a violation of due process. Congressional candidate Laura Loomer 
was never notified that the Federal Bureau of Investigation (FBI) found 
her possession of a firearm a violation of federal law. The only reason 
she became aware of the FBI's decision was due to the fact that she 
made several inquiries after being denied a concealed carry permit.
  In other words, the federal government did not tell Ms. Loomer that 
she was illegally owning firearms--a clear violation of due process. 
DOJ has still not yet responded to a letter I sent them over six months 
ago asking for clarification on this issue.
  The ATF is a rogue control agency violating American rights at every 
opportunity. They do not just want every gun serialized--they even want 
gun parts serialized. And they cleverly changed the definition of 
machine gun so that more guns would be considered illegal.
  I have introduced a bill, the No Gun Lists Act, that would force ATF 
to destroy all the ATF's illegal lists of gun-owning Americans. And the 
creation of any new lists is expressly prohibited. Furthermore, the 
bill would allow negatively affected individuals to sue the ATF for 
damages done by the agency in violation of the bill.
  These abuses of the Constitution--whether the Second Amendment or due 
process--must be opposed at all costs.

                          ____________________