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Sample Foia Request Letter


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#1 philasteen

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Posted 24 October 2005 - 09:00 AM

If anyone is interested, here is a sample form of FOIA request letter you can use for an NFA weapon. If you do use it or find it helpful, please let me know. Make sure to read the red colored note below and choose the blue or the green paragraph and read the purple comment also. If you make a FOIA request, please share the results with us here.

==============================================

[Your name]
[Your address]
[Your address line 2]
[Your phone number]

[Date]

VIA FACSIMILE – 202-927-8866

Chief, Disclosure Division
Bureau of Alcohol, Tobacco, Firearms & Explosives
Washington, D.C. 20226

re: Information Request Pursuant to Freedom of Information Act (FOIA)

Dear Sir or Madam:

I, ______________________[your name], social security number ______-____-________, residing at ______________________[your address], hereby request, pursuant to the Freedom of Information Act, that you provide me with all information and copies of all documents related to the firearm(s) specified below, that is, on information and belief, a machinegun (as defined by 26 U.S.C. § 5845(cool.gif) registered in the National Firearms Registration and Transfer Record:

- ______________________ [insert description of gun, including serial number and manufacturer].

I am seeking a copy of all information currently in the possession of your agency with regards to the above described gun, including the weapon history report.

I also understand that certain personal information on records relating to the National Firearms Registration and Registration Record are exempt from disclosure under FOIA. To the extent possible, please provide me with copies of such records redacted to remove the exempt information.

I hereby agree to pay all search and duplication fees in the amount of up to $100. If you estimate fees will exceed this amount please contact me. I am making this request as an individual seeking information for personal use and not for a commercial use, which I believe makes me an "all other requestor" for purposes of calculation of such fees. Confirm this next sentence is true, if not strike it out: In support of the preceding sentence, I submit that I currently have no intention of selling the firearm(s) described above and therefore any information obtained by virtue of this request letter would not contribute any significant pecuniary gain to me.


If you own your NFA items individually and not through a corporation, use the blue parapgraph. If you own your NFA items through a corporation, LLC etc., use the green paragraph:

I declare under penalty of perjury (pursuant to 28 USC 1746) that I am _________________ [your name] and to the best of my knowledge that I am the current lawful owner of the machinegun(s) described above, the information set forth in this letter is true and correct, and that I understand the penalties provided in 5 U.S.C. 552a(i)(3) for requesting access to records under false pretenses.

I declare under penalty of perjury (pursuant to 28 USC 1746) that I am _________________ [your name], that I am the ______________ [title of your position] of ________________ [name of your corporation, LLC, partnership or trust] (the "Company"), that this letter is submitted on behalf of the Company, and to the best of my knowledge the Company is the current lawful owner of the machinegun(s) described above and the information set forth in this letter is true and correct and that I understand the penalties provided in 5 U.S.C. 552a(i)(3) for requesting access to records under false pretenses.

Please let me know if there is anything else I can do to accommodate your processing of my information request.

Respectfully,



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Version history/notes:

Cross posted on 10-24-05 from my original thread at AR15.com
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#2 giantpanda4

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Posted 24 October 2005 - 10:24 AM

Thanks!
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#3 Arthur Fliegenheimer

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Posted 24 October 2005 - 11:39 AM

You also need to get it notarized. Even if you believe your form to be dead on specific, they can't resist kicking it for lack of notarization. Why prolong the process, regardless of the chances of it flying without notarization, when it isn't a big deal to get it notarized? But even with all the "pretty pleases" included in the FOIA request to procure these documents and the time you will wait for them to appear, you will not get certain documents, redacted, or otherwise. That means no police or federal agencies will be identified on the sea of black pages. The only thing these firearm FOIA are good for are the number of unidentified private party owners and when and how long they owned it.

See the following thread on this board:

http://www.machinegu...=3&t=5456&st=40

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#4 philasteen

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Posted 24 October 2005 - 02:18 PM

Arthur,

When I first posted the form of this letter, several were kicked out for lack of notarization. However, there is a statute on the books (link: 28 USC 1746) that provides a statement of affirmation may be used in lieu of a notarization.

One of the persons who submitted an earlier letter appealed the ATF rejection of his letter on notarization grounds. Ultimately, ATF agreed that notarization is not required for this form of letter.

More detail on this topic, including the form of appeal letter submitted, can be found at the AR15.com link above.
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#5 John Jr

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Posted 28 October 2005 - 08:51 PM

Here is a link to my FOIA request including the actual documents so people can see what one will look like when it comes back.

Here
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