All Federal Firearms Licensees need to take notice that both the Manufacturer and the Importer must be listed in his/her/its Bound Books, pursuant to 27 C.F.R. 478.125(e). While many FFLs just list the manufacturer, especially when the manufacturer and importer are the same (or the same company but different corporate structures throughout the world). Recently, the Bureau of Alcohol, Tobacco, Firearms, and Explosives posted on their website a “tip” regarding this issue. Specifically, ATF stated, “Per 27 CFR 478.125(e), a licensed dealer is required to enter both the manufacturer and importer (if any) in the A&D record. <u>While the specific format required does not match the exact wording of the regulation, a licensed dealer is still required to record both</u>, because that information is spelled out specifically in the wording of the regulation. See ATF Tip of Month and 27 CFR 478.125(e).
Isn’t that nice? ATF acknowledges that the format does not match the “exact wording of the regulation,” yet, all FFLs are suppose to be clairvoyant as to the interpretation that the ATF is going to impose. Nevertheless, the language of 478.125(e) does state that the manufacturer and importer are to be listed. Frequently, FFLs will inquire whether they have to list Glock/Glock. Under ATF’s interpretation of 478.125(e), you must list Glock/Glock. Moreover, if one entity is an LLC and the other is Inc., you must distinguish the difference.
Now, as you are likely aware, the manufacturer and importer enrgavings must be placed on the firearm. Hence, all the information that you need must be depicted on the firearm. If the manufacturer/importer has obtained a variance to the marking requirements, you are to list the markings, as engraved on the firearm, in your Acquisition and Disposition book.
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).
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