According to documents obtained via a public records request posted by New Mexico state Rep. Stefani Lord (R-Sandia Park), the anti-gun group under scrutiny for appearing to break state laws, New Mexicans to Prevent Gun Violence (NMPGV), knew of the Bureau of Alcohol, Tobacco, Firearms regulations regarding the destruction of firearms the group obtained via a “buy-back.”
“A recently obtained letter from the @ATFHQ to @RawTools (to which @NMPGVNOW gave firearms) through the NM Inspection of Public Records Act clearly states that the firearms MUST be destroyed per ATF specifications in the owner’s presence,” wrote Lord.
The February 2020 letter from Michael S. Knapp, a firearms enforcement specialist at the Bureau of Alcohol, Tobacco, Firearms and Explosives Firearms and Explosives Industry Division Firearms Industry Programs Branch, read, “A ‘transfer’ includes any change in dominion or control of a firearm, whether temporary or permanent, commercial or noncommercial,” saying if the owner of the firearm remains with the gun while it’s destroyed, it is lawful, adding, “This analysis may change if an owner/possessor transfers a firearm and does not remain with the firearm during destruction.”
“The GCA makes it unlawful for any non-licensee to receive a firearm in their state of residence purchase or obtained outside of that state. 18 U.S.C. § 922)g73). Additionally, section 9227) generally requires a NICS background check prior to the transfer of a firearm from a Federal firearms licensee to a non-licensee,” he adds.
NMPGV, which has since blocked a great many critics, including Rep. Lord, claimed the organization obtaining firearms in exchange for cash-equivalent gift cards were not “transfers,” but the directive from Mr. Knapp of the ATF directly contradicts the group’s claim.
Furthermore, the below are the only ATF-compliant ways to properly destroy a firearm:
•Use an oxy/acetylene torch (not band sawed)
•Must remove at least ¼ inch of metal per cut
•Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model)
The photographs and statements made by NMPGV show these specifications were not met in the transfers of firearms between parties surrendering their guns in the exchanges. It should be noted that NMPGV and Raw Tools do not have Federal Firearms Licenses (FFLs).
Lord added in the X post, “The rules must apply to all, no matter the intentions. There must be equal treatment for everyone, or the laws and guidelines must be abolished.”