Fire Arms and Ammunition Reform: A Petition DOJ/ATF Rulemaking Authority

This petition had 77 supporters

The Issue

As an individual who had close friends affected by the tragedy in Columbine, CO, a former U.S. Army combat veteran and highly trained Infantryman and former Squad and Team Leader in Iraq. a former advocate trained in administrative and regulatory law, and as a patriot who has watched for far too long, the failure of government to fully and cohesively address the access to firearms epidemic, I humbly submit the following petition as a common sense measure to prohibit the sale of firearms and ammunition without clearance by a licensed mental health professional.

  1. Whereas, there is no medical or psychological prerequisite for firearms or ammunition purchase within the construction of current law as provident 27 CFR Parts 447, 478, and 479, et seq.
  2. Whereas, competent and comprehensive mental health assessment is prudent considering the destructive power of firearms and ammunition in the possession of those deemed by competent evidence to be at risk of injuring oneself or others; 
  3. Whereas, a person of reasonable mind and sound judgement would submit to such an evaluation as a means of ensuring their safety and that of others; 
  4. Whereas the endemic of gun violence has irreparably permeated our places of worship, our public settings, schools and our elected and private alike; 
  5. The petitioners, hereby resolve to petition the U.S. Department of Justice (DOJ) to take swift action to propose agency rulemaking in consideration of the following: 

A 5.56x45 NATO round at 62gr goes about 3100 feet per second with approximately 1300 foot pounds of force. At long range it's meant to tumble when it hits bone effectively shredding the unprotected abdomen and spine.

A 9mm round at 115gr, Full Metal Jacket, can travel about 1180 feet per second with over 355 foot pounds of force. 

Needless to say, these rounds are devastating in close quarters and up to the range and distance they've been designed to perform. 

Beause of this, we propose the ban of a particular firearm or classification thereof is not in itself an answer. 

A change in law can be effectuated within 6 months utilizing the process of Notice of Proposed Rulemaking (NRPM), the period of Notice and Comment, Interim Final Rulemaking, and the Final Rule being published. 

Rather than Congress propose an Act, which must pass the House and Senate before going to the President to become law,  Federal Agencies have the independent authority to enact rulemaking as deemed appropriate by the Secretary of the Department. 

It is therefore feasible and appropriate that a Notice of Propoded Rule Making (NRPM) be published in the Federal Register as it relates to amending 27 Code of Federal Regulations which govern the Bureau of Alcohol Tobacco and Firearms (ATF) via it's superceding Agency, the Department of Justice (DOJ). 

We propose that amendments in the requirement to complete and submit ATF form 4473 further include an additional form to be completed by a licensed psychologist or licensed mental health professional. 

The document would require the elements necessary for a psychological or neuropsychological assessment whereby a clinical evaluation and use of psychological battery of assessment such as MMPI be conducted, evaluated and assessments given that address abberant tendencies of the subject towards violence and misuse of force.

The adjudication would rest with the ATF, however, clear recommendations, cutoff scores, and sufficient rationale would be required to ensure that taken together, the licensed professional is sufficiently convinced the individual seeking access to firearms or ammunition is not a danger to him/herself or others. 

The plain meaning of the change in law would mean, no psychological clearance, no ability to buy firearms OR ammunition. Penalities should be commensurate with existing law relating to providing access to firearms, failure to comply or circumvention of laws by subjects.

Time limits relating to how long such an assessment would be valid should be considered based on current psychological best practices and administrative review systems in place within similar agencies, yet with an eye towards efficiency and thoroughness balancing the interests of the subject with the issuing authoritys obligation to prevent fire and ammunition in the US falling into dangerous hands. 

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