ATF Announces that 07 Manufacturers Must Register for ITAR

Posted on by Joshua Prince, Esq.

Frequently, I read on discussion forums that many 07 manufacturers have not registered under the International Trafficking in Arms Regulations (ITAR) that is enforced by the Directorate of Defense Trade Controls (DDTC) and they give a milieu of reasons for not registering. Most reasons revolve around the fact that they are not “exporting” (even though ITAR applies to manufacturing, as well) or that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has told them that they don’t need to register or hasn’t informed them that they need to register.

I have previously written extensively on the requirement that 07 manufacturers register under ITAR and that the DDTC is now sending out non-compliance letters to non-registered 07 manufacturers.

In the November 2012 Newsletter, the ATF has now weighed in and declared that all 07 manufacturers (as well as Type 06 and 10) must register with the DDTC, unless the DDTC specifically exempts them. As I discussed in my previous article, the penalties for failure to register are severe, including, but not limited to, 20 years in prison, $1,000,000.00 in fines, plus civil penalties, per violation.

If you have not registered, it is imperative that you seek out competent counsel to discuss registering, as there are provisions for Voluntary Disclosures. We, at the Firearms Industry Consulting Group, are prepared to discuss your specific situation and advise on the best route to register and stay compliant. This is one area of the law where you can’t afford not to comply.

Published by Joshua Prince, Esq.

With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).