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 … Continue reading What Do You Do If You Realize That Your ATF AFMER Report Is In Error?
Category: Firearms Law
FOIA Filed with ATF over Bump Stock Determinations
Today, Firearms Industry Consulting Group (FICG), on behalf of Firearms Policy Foundation ("FPF"), filed a, expedited Freedom of Information Act ("FOIA") request with ATF requesting copies of all prior determinations issued by ATF regarding the lawfulness of bump stocks. As the comment period only permits comments to be submitted until June 27, 2018 and in … Continue reading FOIA Filed with ATF over Bump Stock Determinations
ATF Publishes Notice of Proposed Rulemaking RE: Bump-Stock-Type Devices
Today the ATF published a Notice of Proposed Rulemaking regarding Bump-Stock-Type Devices. The comment period is open for 90 days, making comments due on or before June 27, 2018. The proposed rule would alter the definition of a machine gun in the regulations pertaining to the National Firearms Act (27 C.F.R. § 479.1, et seq.), … Continue reading ATF Publishes Notice of Proposed Rulemaking RE: Bump-Stock-Type Devices
Governor Wolf to Permit Hunting with Leashed Tracking Dogs
Yesterday, Governor Wolf brought Pennsylvania hunting into the 21st Century by permitting the use of leashed tracking dogs - which is permitted by 35 other states - by enacting SB 135. SB 135 amends Section 2383 of the Pennsylvania Game Code by permitting an individual to: Make use of a leashed tracking dog to track … Continue reading Governor Wolf to Permit Hunting with Leashed Tracking Dogs
Omnibus Spending Bill, H.R. 3354, Passes House and Provides Funding for Federal Firearms Relief Determinations – IN SENATE
Once again the House omnibus appropriations bill, H.R. 3354, provides funding for ATF to conduct federal firearms relief determinations under 18 U.S.C. § 925(c). Since 1992, Congress has specifically denied ATF the ability to utilize any funds they are appropriated to conduct these determinations. Further, ATF will not allow an individual to fund their own … Continue reading Omnibus Spending Bill, H.R. 3354, Passes House and Provides Funding for Federal Firearms Relief Determinations – IN SENATE
Violating Pennsylvania’s Human Relations Act by Denying Sales of Firearms and Ammunition to Those Under 21 Years of Age?
Recently, numerous companies, including Dicks, Walmart, and even Pennsylvania-based Dunkelberger's Sports Outfitters, started refusing to sell rifles and shotguns to individuals between the ages of 18 and 21, seemingly in violation of Pennsylvania's Human Relations Act. Before addressing PA's Human Relations Act, let's review Pennsylvania's constitutional provisions. First and foremost, Article 1, Section 1 - Inherent rights … Continue reading Violating Pennsylvania’s Human Relations Act by Denying Sales of Firearms and Ammunition to Those Under 21 Years of Age?
President Trump and Vice President Pence to Lose Second Amendment Rights
Yesterday, President Trump stated that "[i]t takes so long to go to court to get the due process procedures, I like taking the guns early. Take the guns first, go through due process second" seemingly without consideration for what he was proposing or the impact on his and Vice President Pence's Second Amendment rights. What … Continue reading President Trump and Vice President Pence to Lose Second Amendment Rights
Join the Fight to Stop the Regulation of Bump Stocks
As many of our clients and viewers are aware, Firearms Industry Consulting Group® (FICG®) a division of Civil Rights Defense Firm, P.C., has submitted substantial comments in opposition to rulemaking entered into by the Bureau of Alcohol, Tobacco, Firearms and Explosives and spearheaded the opposition to ATF-41P. Unfortunately, as it appears that ATF intends to … Continue reading Join the Fight to Stop the Regulation of Bump Stocks
Supreme Court Denies Certiorari in ANOTHER Second Amendment Case
Once again the Supreme Court has denied certiorari in another Second Amendment Case. Silvester, et al. v. Becerra was an appeal from the 9th Circuit challenging California's 10-day waiting period to firearm purchasers. In particular, the petition for certiorari raised the issue of whether the 9th Circuit "improperly applied lenient scrutiny in a Second Amendment challenge … Continue reading Supreme Court Denies Certiorari in ANOTHER Second Amendment Case
After an Arrest in Pennsylvania, You Get a Free Phone Call, Right? Well, Not Exactly…
Having watched a lot of Law & Order, most individuals believe that upon arrest, they will be provided at least one free phone call but that isn't exactly true in Pennsylvania. Upon arrest, there is no immediate right to a phone call in Pennsylvania. Within a reasonable time of being arrested, the Police officer must … Continue reading After an Arrest in Pennsylvania, You Get a Free Phone Call, Right? Well, Not Exactly…
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