I finally got to responding to the letter I got from Wal-Mart
Considering your response, and after some further research, it appears that the largest problem with the agreement reached between Wal-Mart and “Mayors Against Illegal Guns” (MAIG) is item 2:
“Computerized Crime Gun Trace Log and Alert System. Participating retailers will maintain a computerized log of crime gun traces relating to the retailer. Once the program is in place, if a customer who has a prior trace at that retailer attempts to purchase a firearm, the sale will be electronically flagged. The retailer would have discretion to proceed with the sale or stop the sale.”
The trace information referenced in the preceding paragraph, taken from the MAIG website, is not available to anyone outside of law enforcement, and then only as it relates to an active criminal investigation. This is a result of the Tiahrt Amendment, which was supported by BATFE, the Fraternal Order of Police, to protect law enforcement officers, active investigations, and also to reduce the possibility of lawsuits against firearms dealers. Attempts have been made to sue or otherwise punish retailers who had a firearm traced to their establishment, or what some official thought were too many firearms traced to a single retailer, even if no wrongdoing was proven on the part of the retailer. As one of the largest firearms dealers in America, I would imagine that this protection would be of great importance to your company.
I can only assume that since the data is not available from BATFE, you are going to have to maintain your own database of trace requests that come into your stores, and in light of the following line from your reply to my earlier letter “We are hopeful these enhanced processes with help from law enforcement and other retailers committing to do the same” I would have to assume that the information that you collect will be shared with other retailers, possibly being brokered by MAIG. If this is not the case, I would appreciate further information on how this part of the agreement will be implemented.
Helping Mayor Bloomberg evade the law in this manner will not only have the potential to threaten the integrity of investigations and endanger law enforcement, but will open your company and others up to the litigation that Tiahrt was enacted to protect you from. As you may be aware, Mayor Bloomberg has gone out of his way to harass firearms dealers, to the point of sending private investigators into other states to make straw purchases, then suing the retailer. Court investigations have not shown any wrongdoing on the part of the retailers.
Also, as I stated in my earlier letter, many firearms owners consider this an invasion of our privacy.
I must also respectfully reiterate that I will be taking my firearms and related business elsewhere if Wal-Mart continues with this program as planned. I would urge you to end your involvement with Mayors Against Illegal Guns.
I decided to take on the most dangerous part of the agreement, and add some reasons why it was bad for them, as like most companies, they like to look out for the old bottom line, and Bloomberg using data they provided to sue them wouldn’t help that cause. I will let you know if I get any further response back.