What Do You Do If You Realize That Your ATF AFMER Report Is In Error?

Recently, I had a client, who timely (prior to April 1st) filed with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) his Annual Firearm Manufacturing and Export Report (“AFMER”) and after filing it, realized that a firearm manufactured in 2018 was inadvertently included on the form for 2017.  When it was discovered, my client obviously became concerned with the inadvertent inclusion. So what to do?

It’s actually quite simple. Even if you efiled your AFMER (as 90% of manufacturers and exporters do), since there is no ability to efile an amended AFMER through eForms, you must submit a paper copy of the revised AFMER form to ATF, where you write “AMENDED” on the top of the form and mail it to: ATF AFMER PROGRAM, 244 Needy Road, Martinsburg, WV 25405.

Although not required, I would recommend sending it certified return receipt, so that you receive back a signed receipt reflecting the date it was received by ATF. Then, you should staple that to a copy of your amended AFMER that you keep for your recordkeeping, so that, if an issue ever arose, you can show the certified receipt of when it was received by ATF and that you had submitted an amended AFMER.

If you or your company is having issues with your AFMER report or other issues related to ATF, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.


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