A lot of Federal Firearms Licensees (FFLs) become confused with the different regulations for transferring post sample machine guns, especially when the FFL is going out of business. Post sample machine guns, sometimes referred to as post may machine guns, are those machine guns which were imported or manufactured post May 19, 1986. Pursuant to 27 CFR 479.105(d), for the Bureau of Alcohol, Tobacco, Firearms and Explosives to approve the transfer and registration of a post sample machine gun, the dealer, manufacturer or importer, that has paid his/her/its Special Occupation Tax (SOT), must provide:
[S]pecific information [that] the expected governmental customers … would require a demonstration of the weapon, information as to the availability of the machine gun to fill subsequent orders, and letters from governmental entities expressing a need for a particular model or interest in seeing a demonstration of a particular weapon.
These letters are commonly referred to in the industry as Police Department (PD) Love Letters.
However, there is an exception, which alleviates the PD Love Letter requirement, where a dealer is going out of business and the post sample machine guns are to be transferred to a current manufacturer or importer that has paid his/her/its SOT. Specifically, pursuant to 27 CFR 479.105(f),
[A]ny qualified manufacturer, importer, or dealer intending to discontinue business shall, prior to going out of business, transfer in compliance with the provisions of this part any machine gun manufactured or imported after May 19, 1986, to a Federal, State or local governmental entity, qualified manufacturer, qualified importer, or, subject to the provisions of paragraph (d) of this section, dealer qualified to possess such, machine gun.
What this means is that while a dealer would still have to acquire a PD Love Letter to obtain a post sample machine gun from the inventory of a licensee that is going out of business, a licensed manufacture or importer does not have to obtain the PD Love Letter. Thus, there are some benefits to being a licensed manufacturer or importer, but those benefits due come with detriments, such as annual licensing under the International Trafficking in Arms Regulations (ITAR).
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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