Kelly Riddell, Washington Times, September 16, 2014

The Obama administration quietly has been forcing new gun buyers to declare their race and ethnicity, a policy change that critics say provides little law enforcement value while creating the risk of privacy intrusions and racial profiling.

With little fanfare, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2012 amended its Form 4473–the transactional record the government requires gun purchasers and sellers to fill out when buying a firearm–to identify buyers as either Hispanic, Latino or not. Then a buyer must check his or her race: Indian, Asian, black, Pacific Islander or white.

The amendment is causing a headache for gun retailers, as each box needs to be checked off or else it’s an ATF violation–severe enough for the government to shut a business down. Many times people skip over the Hispanic/Latino box and only check their race, or vice versa–both of which are federal errors that can be held against the dealer.

Requiring the race and ethnic information of gun buyers is not required by federal law and provides little law enforcement value, legal experts say. And gun industry officials worry about how the information is being used and whether it constitutes an unnecessary intrusion on privacy.

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ATF said the change came about because it needed to update its forms to comply with an Office of Management and Budget (OMB) reporting standard put into effect during the Clinton administration. The ATF declined to comment on why race and ethnicity information are needed in the first place or what they are used for. On its prior 4473 forms, the bureau had been collecting race data.

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“There is nothing [in ATF or OMB’s website links addressing the change in policy] that supports the requirement that ATF collect race-based information. The OMB guidance merely describes what categories of race should look like if information is collected,” Laura Murphy, the American Civil Liberties Union director for legislative affairs in Washington, said in an emailed statement.

In addition, Mrs. Murphy notes, the OMB guidance was supposed to be implemented by 2003; there’s no information given why ATF decided to make this change almost a decade later, she said.

“If there is a civil rights enforcement reason for the ATF to collect this data, I have not heard that explanation from ATF or any other federal agency,” said Mrs. Murphy.

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The 4473 form is supposed to be kept in a gun retailer’s possession at all times–allowing ATF agents to inspect the form only during the course of a criminal investigation or during a random audit of the dealer. The form is to be kept out of the hands of the government, hence the distinction between “sales/transaction form” and “registration form.” But that isn’t always the case, gun rights advocates say.

“We’ve been contacted by several dealers saying ATF is or has been making wholesale copies of their 4473 forms, and it’s just not legal,” said Erich Pratt, spokesman for Gun Owners of America, a gun advocacy group. “If this is what they’re doing somewhat out in the open, what’s going on behind closed doors? Are these names and demographic information getting phoned [in and] punched into a government computer? Do they ever come out?”

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