Bumpstocks Not Machineguns U.S. Navy-Marine Corp Court of Appeals Rules Unanimously

On September 7, 2021, the U.S. Navy-Marine Corp Court of Appeals unanimously ruled in U.S. v. Alkazahg, docket no. 202000087, that Private (E-2) Ali Alkazahg was erroneously convicted of possessing two unregistered machineguns - i.e. bumpstocks. In so holding, the court reviewed the background to the rulemaking that held that bumpstocks were machineguns, and correctly … Continue reading Bumpstocks Not Machineguns U.S. Navy-Marine Corp Court of Appeals Rules Unanimously

Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2020

As the year is thankfully coming to a close, we thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., was involved in or obtained in 2020, even while we dealt with COVID and substantial court closures. Landmark, … Continue reading Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2020

ATF Withdrawals Notice and Request for Comment Regarding Objective Factors for Classifying Weapons with Stabilizing Braces

In a shocking change of course - likely because it was in violation of the Administrative Procedures Act and former Attorney General Session's memorandum entitled Prohibition on Improper Guidance Documents - the ATF appears to be withdrawing its notice and request for comment on Objective Factors for Classifying Stabilizer Braces. The notice, which will likely … Continue reading ATF Withdrawals Notice and Request for Comment Regarding Objective Factors for Classifying Weapons with Stabilizing Braces

ATF to Publish Stabilizer Brace Guidance with 14 Day Notice and Comment Period Tomorrow

As reflected in a notice issued through the Federal Register electronic notice system, the Bureau of Alcohol, Tobacco, Firearms and Explosives intends to publish tomorrow, Friday, December 18, 2020, its "Objective Factors for Classifying Stabilizer Braces" in the Federal Register, which we previously blogged about in our article ATF to Institute Rulemaking Regarding Stabilizing Braces … Continue reading ATF to Publish Stabilizer Brace Guidance with 14 Day Notice and Comment Period Tomorrow

ATF to Institute Rulemaking/Guidance Regarding Stabilizing Braces and Require Registration of Currently Owned Braces

In a 16 page draft copy of proposed rulemaking/guidance specifying "Objective Factors for Classifying Stablizing Braces", the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when "evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms … Continue reading ATF to Institute Rulemaking/Guidance Regarding Stabilizing Braces and Require Registration of Currently Owned Braces

Third Circuit Denies En Banc Reconsideration in Holloway – Second Amendment As-Applied Challenge to DUI Conviction

As our viewer may remember, in October of 2018, we were successful in having Chief Judge Christopher Connor of the Middle District of Pennsylvania rule in a 21 page memorandum that it was unconstitutional as-applied to Mr. Holloway to preclude him in perpetuity from exercising his Second Amendment rights as a result of a 2005 … Continue reading Third Circuit Denies En Banc Reconsideration in Holloway – Second Amendment As-Applied Challenge to DUI Conviction

DDTC Reduces ITAR Fee Through April 30, 2021!

While the recent changes to the International Traffic in Arms Regulations (ITAR) have dramatically reduced the number of Federal Firearm Licensees (FFLs) who must register, recently the Directorate of Defense Trade Control (DDTC) announced that it will reduce the registration and renewal fees through April 30, 2021. Specifically, the registration fee for all new registrants … Continue reading DDTC Reduces ITAR Fee Through April 30, 2021!

Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2019

As the year is coming to a close, we thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., was involved in or obtained in 2018. Commonwealth v. Hicks - the Pennsylvania Supreme Court, in a 53 page … Continue reading Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2019

MONUMENTAL DECISION – Second Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Federal Firearms Disability

We are extremely proud to announce that today Chief Counsel Joshua Prince of the Firearms Industry Consulting Group was successful in having Federal District Court Judge Jeffrey Schmehl  of the Eastern District of Pennsylvania rule that an involuntary commitment under Section 302 of Pennsylvania’s Mental Health and Procedures Act (“MHPA”) is insufficient to trigger a … Continue reading MONUMENTAL DECISION – Second Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Federal Firearms Disability

ATF Rescinds Prior Methods to Measure a Firearm’s Overall Length when Equipped with a Stabilizing Brace

Late yesterday, I received an email from an individual containing a letter from ATF which was a response to a correspondence requesting the correct method to "measure a firearm with a 'stabilizing brace' and folding adaptor." It was explained that the correspondence was sent in the form of an email over a year ago and … Continue reading ATF Rescinds Prior Methods to Measure a Firearm’s Overall Length when Equipped with a Stabilizing Brace