Category Archives: ATF

News from the 16th Annual NSSF Import/Export Conference in Washington, D.C.

20604352_857218177758900_2164590837463897148_n

Attorney Joshua Prince and I attended the Annual NSSF Import/Export Conference in Washington, D.C. this week. There were a variety of presentations that were given on a variety of topics including: Federal Search Warrants and Regulatory Site Visits, Chemical Facility Anti-Terrorism Standards, Foreign Military Sales, ATF Panel Discussion, and Round Table Discussions (the best part in my opinion) on Day 1. On Day 2’s agenda is Prohibited and Embargoed Countries, DDTC Presentation on Information Technology, and a presentation from DDTC on Licensing and Agreements.

As most of our readers are more concerned with up-to-date statistics and information from ATF, this blog article will only address those and information learned at the Round Table Discussions.

ATF Panel

Sitting on the ATF Panel giving updates were: Marvin Richardson (Assistant Director, Enforcement Programs and Services), Curtis Gilbert (Deputy Assistant Director Enforcement Program and Services), Andrew Graham (Deputy Assistant Director Industry Operations), Earl Griffith (Chief of the Firearms Ammunition Technology Division), Alphonso Hughes (Division Chief, National Firearms Act Division), Gary Taylor (Firearms and Explosives Services Division), Andrew Lange (Division Chief of the Office of Regulatory Affairs), and Krissy Carlson (Division Chief of the Firearms and Explosives Industry Enforcement Programs and Services).

Industry Operations

Andy Graham stated that there are currently 791 Industry Operations Investigators (IOIs) not including the administrative staff. In 2018 they hope to add 48 more. There are two classes, one in February and one in July.

There are currently ~1,100 firearm importers and ~230 destructive device importers. There are about 162 active inspections occurring with regard to those licensees.

Office of Regulatory Affairs

Andrew Lange announced regulations.atf.gov, a website that had the most up to date regulations pertaining to ATF. The website is actually the first government website that I’ve perused that was functional and useful! The information is pulled directly from the Federal Register, so if ATF implements a final rule, it will automatically update.

The website features the ability to see the history of a particular regulation (so you can see the changes over time) and defined terms are hot linked so they will populate on the right hand side, meaning you can read a provision and see the definition of terms which are defined at the same time (allowing a reader to have better context or understanding). Even cooler is that it links to ruling that were issued. I’m genuinely impressed with the system. If only the eForms system worked as well.

Phase 2 is expected to be rolled out in September of this year.

Screen Shot 2017-08-03 at 7.33.53 PM.png

Firearms Ammunition Technology Division

Earl Griffith introduced the Firearms Ammunition Technology Division or “FATD”. They hired six more firearms enforcement officers who have now completed a significant amount of training (if I recall it was about a year to a year and a half, I didn’t write down the length of time), bringing the total to twelve. They are responsible for the evaluation of samples sent to FATD.

Currently, FATD is running about 30-90 days on most evaluations. They have currently issued about 800 marking variances which are taking about 30 days to issue. So far this year there have been about 250 product evaluations.

NFA Division

As was published in the most recent ATF FFL Newsletter, the NFA Branch has been transformed into the National Firearms Act Division, which became effective April 3, 2017. The Division will be led by Division Chief Alphonso Hughes, the previous Chief of the Firearms and Explosives Services Division. The new division, consists of two branches – the Industry Processing Branch (IPB), dealing with industry and the Government Support Branch (GSB) dealing with government related matters.

Alphonso stated that the NFA Division was going to undergo a full evaluation of the internal business processes in the first quarter of 2018. It would involve outside eyes looking in.

The former 2-3 month time period for application data entry has now been reduced to ~72 hours. For those with access to eForms…use them. eForms result in faster turnaround on approvals. While they can’t auto approve at this point, they are automating as much as possible. Form 2-3s are hovering around 10 days or under (eForms from my understanding).

41F – Everyone’s favorite topic (sarcasm if you couldn’t tell). There were ~280,000 applications received from the announcement of the final rule until it went into effect. That was about a full years worth of applications. They are on the downward slope of pre 41F paperwork.

ATF is working overtime to process these forms. They are currently working 7 days a week to reduce the wait times and are literally working overtime hours to accomplish that goal (up to 20 hours per person in addition to their standard work week).

Pre 41F, they were receiving ~35,000 forms a week and processing about 8,000 forms a week. Post 41F they were receiving about 5-6,000 form a week and processing 8-9,000 forms a week. They are currently predicting a 6-7 month turn around if you submit a form today.

In January, six additional examiners were hired. They are going to continue to push for resources in FY 2018-19.

Alphonso was also asked about the possibility of the reopening of the MG registry. He replied that it was not within the NFA division’s purview to address the issue (and he isn’t wrong. The original statutory language read “The Secretary of the Treasury, after publication in the Federal Register of his intention to do so, is authorized to establish such periods of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purpose of this title.” 82 Stat. 1235, § 207(d). As ATF was transferred to DOJ, the power would now be held by the Attorney General. See 27 CFR 479.101(b)).

Firearms and Explosives Industry Enforcement Programs and Services

Last, but not least, was Krissy, who stressed eForms usage for industry. She was also asked about the possibility of the HPA passing. As you probably guessed, this is in the hands of Congress and not ATF. ATF holds no opinions on proposed legislation.

Round Tables

ATF Firearms and Explosives Industry Division 

I followed up on a question that arose last week at the NICS Retailer Event at FBI. While there, someone had asked about the new 4473 and question 12.d.2, specifically whether or not someone had to complete the question.

Screen Shot 2017-08-03 at 8.07.22 PM

The answer I received was “yes”, the form must be completed. This question has seemed to cause a lot of confusion on the new form.

There was also the question of “sex” on the 4473. Some states have now recognized a new gender. ATF has provided limited guidance, simply saying the individual has to complete the form. However, it is suggested, after discussion with ATF, if a licensee is unsure or uncomfortable with the person’s response, that they can document the transaction, etc. in the notes section of the 4473. A photocopy of the identification (a standard practice in a  lot of shops anyway) is suggested. ATF is still in the preliminary stages of looking into this issue and only provided guidance in relation to the question must be answered.

NFA Division

A common question I receive is whether or not you have to notify the NFA Branch of a change in configuration. I was informed that an individual can write a letter to ATF adding another configuration to a registered receiver. For instance, if the Form 1 or 4 is approved for a 10.5″ 5.56 gun and a person has a 8″ 300 Blackout upper, they can notify the NFA branch of the additional configuration. It was strongly encouraged that an individual do such, even if the change is temporary.

It was reported that the NFA Branch had little to no issues with the electronic fingerprint submissions. They advised that most prints they received were fine.

Lastly, for those curious about the process within the NFA Branch regarding trust applications, I was given this simplified process.

The application is received along with the payment. Payment is cashed and the data entry occurs. After the data is entered (it is kept in the order received) it is submitted to NICS for a check. Obviously the more Responsible Persons the more room for error, delays, etc. If a delay comes back on one person, the entire application is held up. This work is done by the legal assistants. By the time it hits the examiner, it is ready for approval or denial.

As I’m writing this, it I realized I forgot to ask about the disparity between approvals and postmark dates.

Firearms Ammunition Technology Division

Form 1 silencer builders have been in a constant state of argument as to what they can or can’t do. As of where we stand today, it is the opinion of FATD that a Form 1 maker CANNOT repair their silencer. They cannot replace a baffle if it is destroyed, repair a damaged endcap, or shorten the silencer. While not the answer the community wants to hear, that is the current position. Essentially, you’d have to file a new Form 1 and build a new silencer.

For those wondering about the new Autoglove, FATD has not seen a sample of that product.

If you’re thinking about building a clone of a firearm that has been approved as a non NFA firearm (ala Tac 14 or Shockwave, etc.) there is no requirement that you submit a determination request (which is true of any domestically built firearm). However, it was strongly encouraged to ensure your compliance.

 

Did you find this blog article helpful or informative? Be sure to pass it along to a friend who may benefit from the information by using the buttons below. Don’t forget to like Firearms Industry Consulting Group on Facebook by clicking the “Like” button on the right.

screen-shot-2016-12-14-at-8-54-53-pm

Don’t forget, petitions for the 2018 NRA Board of Directors are being circulated. If you would like to learn more about me and sign a petition to place me on the ballot for this year’s election visit my website: adamkraut.com.

1 Comment

Filed under ATF, Firearms Law, Uncategorized

Breaking News: ATF To Issue Two Monumental Determinations

Today, at the NSSF/FAIR Trade Group’s 16th Annual Firearms Import/Export Conference, during the roundtable discussions, the Firearms and Ammunition Technology Division (FATD) stated that it is working on two monumental determinations regarding modular silencers and vertical/angled foregrips.

First, in relation to vertical/angled foregrips, it was disclosed that FATD has received numerous requests for determination. These requests vary greatly in form and substance and resulted in Branch Chief Curtis stating that some form of determination would be issued to the Firearms Industry; hopefully in the coming weeks. He even mentioned that at this point, the degree of the angled foregrip would have to be addressed in the determination, after review of all past determinations, including ones issued by his predecessors and ones which may be in conflict.

Second, in relation to modular silencers, FATD acknowledged that it currently has pending before it a request for determination of legality from a modular silencer manufacture. Division Chief Griffith and Branch Chief Curtis raised concern over the determination request and the issues that must be addressed, including whether modular silencer are legal, when reduced in size. In essence, the concern stems from there arguably existing additional silencer parts that are not part of the modular silencer’s configuration, when it is reduced in length. In the event that ATF would rule that modular silencers are generally lawful, it raises a plethora of other issues, including where the markings must be placed (which is interrelated to ATF’s currently pending rulemaking: ATF-29P) or whether such silencers would require either specific location markings or multiple markings.

This means that if you are a silencer manufacturer, who manufactures modular silencers, there is still time to submit legal arguments to FATD as to the general legality of modular silencers. If you wish to submit legal arguments, contact Firearms Industry Consulting Group (FICG) today to discuss your options.

Although ATF was reluctant to state whether these determinations would be in the form of “policy determinations,” “guidance” or “formal rulings,”  and stated that it could not provide an exact timeframe for these determinations, it was stated that they are overdue and should be expected in the very near future.

Stay tuned for a blog article from Attorney Adam Kraut on other news and revelations from the 16th Annual Firearms Import/Export Conference!


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.

5 Comments

Filed under ATF, Firearms Law, Uncategorized

After 5 Years of Violating Its Own Regulations, ATF Publishes State Laws and Published Ordinances – Firearms (32nd Edition)

Screen Shot 2017-07-29 at 7.33.26 AM.png

ATF has published its long overdue update to the State Laws and Published Ordinances. The publication was announced to retailers who attended the NICS Retailer Day held at FBI’s Criminal Justice Information Center this past Monday.

Prior to the publication of this edition, ATF had violated its own regulations by consistently failing to “annually revise and furnish Federal firearms licensees with a compilation of State laws and published ordinances” since 2011. Had a licensee failed to do something the regulations required them to do for a period of 6 years, they would have almost certainly been found to have “willfully” violated the Gun Control Act.

The newest edition provides licensees and individuals with information that is current through January 2017. If a state has passed a new law since, it will not be reflected in this edition of the publication.

Screen Shot 2017-07-29 at 7.32.21 AM

Rather than publishing a large .pdf file, ATF opted to break each state into its own chapter. At the beginning of each state’s laws and ordinances, there is contact information for the ATF Field Division and State’s Attorney General.

The message from Acting Director Thomas Brandon does cause some concern.

Interpretation of a State or local law or ordinance:  Contact your State police, local law enforcement authority, or your State Attorney General’s office.

Anyone who has ever contacted law enforcement for the interpretation of laws knows that the police officers are not always correct in their interpretation of the law, as they are charged with enforcement rather than interpretation of it. However, the website, immediately under Mr. Brandon’s message, states “If you have any questions regarding State, County or local laws, please contact your state’s Attorney General.”

It’s nice to see ATF following their own regulations after a 6 year lapse in compliance.

1 Comment

Filed under ATF, Firearms Law, Uncategorized

2018 Appropriations Bill Still Doesn’t Provide Funding For Federal Firearms Relief Determinations – Contact Your U.S. Representatives!

As our viewers are aware, although 18 U.S.C. § 925(c) provides for federal firearm relief determinations, since 1992, the ATF’s appropriation bill – which has been enacted each year thereafter – has provided a restriction on ATF’s use of any of the appropriate money for federal firearms relief determinations. As I reported in 2015, an amendment to the 2016 appropriations bill – H.R. 2578 – was passed, which provided for funding of federal firearm relief determinations. Thereafter, the bill, as amended, was passed by the entire House of Representatives. Unfortunately, due to the late nature of the House passing the bill, when it was received by the Senate, the Senate gutted all the language and replaced it with the language from an appropriations bill that it was working on in the interim. The Senate’s version was later passed by the House, including the provision precluding ATF’s usage of the appropriated money for federal firearms relief determinations.

The House is now working on an appropriations bill for 2018 and although it has been reported to include pro-Second Amendment provisions (which it does and are discussed below), the one provision which has not been modified, is the restriction on the appropriated money being used for federal firearms relief determination. Specifically, it provides that

Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code

Accordingly, I am respectfully requesting that you contact your U.S Representatives and demand that the language in the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill be amended to remove the restriction on ATF utilizing the appropriated money for federal firearms relief determinations. In the alternative, if your Representatives push back regarding the cost, then I would respectfully suggest that the language be modified to:

Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code; however, nothing shall preclude an individual from funding his/her own application for relief from Federal firearms disabilities under section 925(c); whereby, the cost to the individual shall not exceed $1,000.00

As this strikes a balance between allowing federal firearms relief determinations to be made and the cost being born by the prohibited person, it is hard to fathom what objection anyone would have to this language.

In relation to the pro-Second Amendment provisions included in the current version of the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill,  it would:

  1. Ban the use of funds for the program launched under the Obama administration to require federally licensed firearm dealers in Southwestern Border States to report certain rifle sales to the U.S. government;
  2. Permanently defund any form of unmonitored “gun walking” operations involved in U.S. Border Patrol Agent Brian Terry’s death;
  3. Effectively block the implementation of the U.N. Arms Trade Treaty;
  4. Permanently block any attempt by anti-gun groups within the ATF to implement a highly restrictive framework on the importability of shotguns (i.e. any shotgun that was importable before the release of ATF’s 2011 shotgun importability study could not be reclassified as “non-sporting” and therefore banned from importation); and,
  5. Promote the importation of collectible “curio and relic” firearms and facilitate export of certain firearm parts valued at $500 or less to persons in Canada.

Accordingly, please join us in supporting the Fiscal Year 2018 Commerce, Justice, Science (CJS) Appropriations Bill, while demanding that the language restricting federal firearms relief determinations be removed.

 

Leave a comment

Filed under ATF, Firearms Law, Uncategorized

SCOTUS Denies Certiorari in Binderup/Suarez

Today, the U.S. Supreme Court refused to hear the U.S. Government’s request for appeal in the combined cases of Attorney General Sessions v. Binerup and Suarez, leaving in place the District Court and Third Circuit decisions holding that an individual can successfully bring a Second Amendment as-applied challenge to a non-violent misdemeanor firearms disability.

I previously reviewed the Third Circuit’s decision in this blog article.

If you are prohibited as a result of a misdemeanor conviction, contact Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., to help you restore your Second Amendment Rights.

 


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.

Leave a comment

Filed under ATF, Firearms Law, Uncategorized

OIG Documents Reveal Issues with the ATF’s National Firearms Registration and Transfer Record

Leave it to the Government to require individuals to register National Firearms Act firearms and screw up the registry leaving a number of individuals with firearms that were possibly registered with no proof or obtaining criminal convictions against those who had firearms that were possibly registered in accordance with the law.

Department_of_Justice_Office_of_the_Inspector_General_seal

Of Arms and the Law editor David Hardy has a pending Freedom of Information Act Request against the United States. Yesterday, his attorney Stephen Stambouleih won a partial motion for summary judgment which resulted in the Department of Justice’s Office of the Inspector General having to turn over documents (note the documents themselves are from 2007).

While the revelation of the inaccuracies of the National Firearms Registration and Transfer Record (“NFRTR”) are nothing new, the documents reveal a very different perspective on the issue. OIG had taken a survey of ATF Industry Operations Inspectors (“IOIs”) on the NFRTR. Prior to IOIs conducting a compliance inspection of a FFL who has an SOT, they print off a list of the firearms the NFRTR says the dealer should have and compare it to the physical inventory.

nfrtr

49.2% of the IOIs said that they requested an inventory report from the NFA branch one to two weeks prior to conducting an inspection. When asked how often there was a discrepancy between the report and the inventory 16.4% of the IOIs responded that it was all of the time, 30.1% said most of the time and 39.5% said some of the time.

When asked how often the discrepancy was due to the NFRTR, 10% of the IOIs responded that it was always the NFRTR, 34.4% said most of the time and 33.1% said some of the time.

While the multiple choice questions certainly draw into question the NFRTR’s validity, the open ended responses are even better.

Q12 – How do errors and discrepancies in NFRTR inventory reports affect your ability to carry out compliance inspections?

“This calls into question the accuracy of the information from the NFRTR, reflects poorly on ATF, and makes it difficult to hold FFLs accountable for correct records when the NFRTR is not held to the same standards. Often, follow-up work is required, but the records are not updated in the NFRTR.”

Interesting how the Government can maintain shoddy records and that is perfectly fine, but if a licensee makes a mistake in their record keeping, it is suddenly a “willful” violation of the Gun Control Act and puts their license at risk. Out of the 297 responses, 75 called into question the accuracy of the NFRTR.

Some other noteworthy quotes from the IOIs include:

“When I conduct an NFA inventory reconciliation, I start knowing that the NFA register will be incomplete or inaccurate.”

“Going into an inspection knowing that almost certainly there will be discrepancies, affects your confidence level initially.”

“It create a problem in that the FFL becomes frustrated that our records are incorrect, thus making ATF look bad from the onset. Yet ATF expects perfection from FFLs.”

“The FFL records appear to be more accurate than the information contained within ATF’s records.”

“In one instance, I received an NFRTR inventory report with more than 60 errors on behalf of the NFA branch.”

“I basically have to depend more on the FFL’s inventory records than on the NFA Branch.”

The NFRTR’s inaccuracies place a number of individuals at risk in varying capacities. For some it may result in the seizure of a firearm, loss of license or at worst, a felony conviction. Hopefully Mr. Hardy’s FOIA request will continue to shed light on the inaccuracies of the NFRTR.

 

Did you find this blog article helpful or informative? Be sure to pass it along to a friend who may benefit from the information by using the buttons below. Don’t forget to like Firearms Industry Consulting Group on Facebook by clicking the “Like” button on the right.

screen-shot-2016-12-14-at-8-54-53-pm

Don’t forget, petitions for the 2018 NRA Board of Directors are being circulated. If you would like to learn more about me and sign a petition to place me on the ballot for this year’s election visit my website: adamkraut.com.

2 Comments

Filed under ATF, Firearms Law, Uncategorized

Press Release: Chief Counsel Joshua Prince Awarded 2017 NRA Defender of Freedom Award

It is with distinct honor and privilege that we announce that Chief Counsel Joshua Prince has been awarded the 2017 National Rifle Association (NRA) Defender of Freedom Award. Recognizing his “outstanding leadership and distinguished achievement in defense of liberty and the preservation of the Right to Keep and Bear Arms for all law-abiding citizen of the United States of America,” Executive Vice President Wayne LaPierre and Lt. Colonel Oliver North bestowed this great honor on Joshua.

This is the second consecutive year that Joshua has been awarded this honor.

FullSizeRender.jpg

Please join us in congratulating Joshua in this monumental achievement.

4 Comments

Filed under ATF, Firearms Law, Maryland Firearms Law, Pennsylvania Firearms Law, Uncategorized