NICS Improvement Amendments Act of 2007 (HR 2640) revisited

[Phil Lee]

I thought we might see results from the appeal process established by HR 2640 of 2007 by now. Well it seems we've just established an appeal process in the BATFE about a year and a half after President Bush signed the bill into law. See the memo below:

regulations.justia.com/view/148284/


[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-108]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms and Explosives

[Docket No. ATF 32N; ATF O 1120.8]


Delegation Order--Authority To Facilitate Implementation of the
NICS Improvement Amendments Act of 2007

1. Purpose. This order delegates the authority to exercise the
authorities and responsibilities committed to the Director of the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the
NICS Improvement Amendments Act of 2007, Public Law 110-180 (NIAA).
This authority is to establish and enforce the criteria that applicable
Federal departments and agencies and states use to create qualifying
relief from firearms disabilities programs, to make decisions as to
whether applicable Federal departments and agencies and states have
properly implemented and certified relief from firearms disabilities
programs under the NIAA, and to make any related determinations under
the NIAA regarding such relief from firearms disabilities programs.
2. Delegations. Under the authority vested in the Director, Bureau
of Alcohol, Tobacco, Firearms and Explosives, by Title 28 U.S.C. 599A,
28 CFR 0.130-0.133, and Attorney General Order Number 3072-2009,
Delegation of Authority to the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to Facilitate Implementation of the
NICS Improvement Amendments of 2007, I hereby delegate to the Assistant
Director, Enforcement Programs and Services, the authority to exercise
the authorities and responsibilities committed to the Director of ATF
under the NIAA. This authority is to establish and enforce the criteria
that applicable Federal departments and agencies and states use to
create qualifying relief from firearms disabilities programs, to make
decisions as to whether applicable Federal departments and agencies and
states have properly implemented and certified relief from firearms
disabilities programs under the NIAA, and to make any related
determinations under the NIAA regarding such relief from firearms
disabilities programs.
3. Redelegation. The authority in this order may be redelegated to
a position not lower than the Chief, Firearms Programs Division.
4. Questions. Questions regarding this order should be addressed to
the Chief, Firearms Programs Division at (202) 648-7090.

Signed: June 22, 2009.
Kenneth Melson,
Acting Director.
[FR Doc. E9-16453 Filed 7-10-09; 8:45 am]

 

[Phil Lee]

Petition for relief of firearm disability in NY state is handled according to this guidance.

 

[Winston_Smith]

I always thought there was an appeal process. The catch is that it was not funded so you could never be granted an appeal.