As ATF’s new regulation, reclassifying bump-stock devices as machineguns, is set to become effective March 26, 2019, we want to provide you with information in the event that Firearm Policy Coalition’s and Firearm Policy Foundation’s preliminary injunction request is denied or otherwise not decided before the deadline.
As set forth in the Final Rule, 83 Fed.Reg. 66530, a bump-stock device owner’s options are to either destroy the bump-stock device or surrender it at the nearest ATF office, as otherwise, the individual can be prosecuted for unlawful possession of a putative machinegun, where he/she can be imprisoned for up to 10 years and fined up to $250,000, per violation.
As such, Chief Counsel Joshua Prince of Firearms Industry Consulting Group, who is representing Firearms Policy Foundation and numerous other plaintiffs in Guedes, et al. v. ATF, et al., has suggested that individuals surrender under protest their bump-stock devices at their local ATF field office on the afternoon of March 25, 2019, if the U.S. Court of Appeals for the District of Columbia Circuit has either not issued a decision by then or has denied the request for a preliminary injunction.
As you may be aware, both ATF’s website relating to bump-stock devices and the Final Rule, 83 Fed.Reg. 66530, declare that “current possessors also have the option to abandon bump-stock-type devices at the nearest ATF office.”
You can find your local ATF field office here.
Once you determine your local field office, you first want to take pictures of your bump-stock device(s), in case there is ever a question as to the condition, make and model of it. Thereafter, you want to prepare a letter, consistent with the language provided below, advising ATF that you are surrendering your bump-stock device(s) under protest.
Before going to the local field office, give them a call so they’re aware that you are coming to drop off a bump-stock device and inquire as to whether they have any specific procedures for your entry into the building. Although we’re aware of one field office refusing to accept a bump-stock device in direct contravention of the Final Rule and ATF’s website, it is currently believed that this is a one-of situation.
When you go to the local field office, provide them with a copy of the letter and demand that they provide you with a property receipt, which reflects their receipt of your bump-stock device(s) and specifies the make and model of the device(s).
In the event ATF elects to institute a forfeiture action, they are required to serve you with a copy and in that event, you should immediately contact an attorney, if you wish to challenge ATF’s ability to forfeit your property.
If you appreciate this information and are in a position to donate to the fight, you can make a tax-deductible donation to support Firearms Policy Coalition’s and Firearms Policy Foundation’s lawsuits.
Bureau of Alcohol, Tobacco, Firearms and Explosives
<insert local field office address>
March 25, 2019
To Whom It May Concern:
As ATF’s new regulation, reclassifying bump-stock devices, is set to become effective March 26, 2019, I am surrendering under protest my <insert brand> bump-stock device as I understand ATF contends that my continued possession as of March 26, 2019 would result in my arrest and prosecution. As I dispute ATF’s authority to regulate bump-stock devices for all the reasons specified in Firearms Policy Coalition v. William Barr, et al., 1:18-cv-03083 and Guedes, et al., v. ATF, et al., 1:18-cv-02988, including the arguments made in the consolidate appeal before the U.S. Court of Appeals for the District of Columbia Circuit, Nos. 19-5042, 19-5043, I am only surrendering my bump-stock device to preclude my arrest and prosecution. I do not consent to the destruction of my property nor do I consent to forfeiture of my property. I assert all of my rights pursuant to the U.S. Constitution and all applicable federal laws.
In the event ATF’s new regulation is enjoined or is deemed unlawful by a court of law, I expect ATF to immediately return my bump-stock device, at no cost to me and expect that ATF will not cause any damage or harm to it, while in its possession.
Thanking you for you time and assistance in this matter, I am
<insert name and address>