As our readers are aware, Trop Gun Shop, LTD has been at the forefront of defending the rights of those in the Firearms Industry, including individuals, FFLs and Gun Clubs/Ranges. Recently, Trop obtained a determination from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that benefits the entire Firearms Industry.
In March of 2013, the ATF issued its FFL Newsletter that, inter alia, addressed whether an FFL could rent a handgun to an individual under the age of 21 for on-premises use. ATF declared, “A licensee may rent a handgun to a person less than 21 years of age, or a long gun to a person less than 18 years of age for use at an on-premises shooting range.” However, ATF did not address, or even mention, whether the FFL could provide ammunition for the handgun to an individual between the ages of 18 and 21 given the prohibition on the sale or delivery of handgun ammunition to those under 21, pursuant to 18 U.S.C. 922(b)(1).
As a result and due to Trop’s dedication to protecting the Firearms Industry, Trop requested that I submit a determination request on its behalf to ATF arguing that an FFL is lawfully able to provide ammunition that can be used in either a rifle or handgun to someone who is between 18 and 21 years of age, when the person is renting a handgun from an FFL for on-premises use, in which the ammunition can be utilized. That request was submitted on August 16, 2014.
On May 6, 2015, the Firearms Industry Program Branch (FIPB) responded:
The longstanding position of ATF has been that the temporary use of a handgun and the “using up” of ammunition onsite does not constitute a delivery and the prohibition to the sale or delivery of handguns or ammunition to a person under 21 years of age according to 18 U.S.C. 922(b)(1) would not apply. This is provided that the ammunition is to be expended and used-up on the licensed premises in conjunction with the onsite rental of a firearm and is included as part of the overall fee for the usage of the facility. In addition, the spent cartridges and any unused ammunition must be returned to the facility.
A copy of the determination can be found here.
Accordingly, as I originally contended in my determination request, an FFL may lawfully provide (NOT SELL) ammunition that can be used in either a rifle or handgun to someone who is between 18 and 21 years of age, when the person is renting a handgun from that FFL for on-premises use, in which the ammunition can be utilized. However, it is imperative that the FFL ensure that either all ammunition is expended or any unused ammunition is returned.
If you are in the Firearms Industry and require a determination from ATF, contact us today to discuss how we can assist you in obtaining the determination that you desire and which further protects our Industry.