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

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

If ATF Comes A Knocking, Only Surrender Your 80% Frame or Receiver Under Protest!

As many in the Firearms Community are aware, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raided Polymer80, Inc last week and since then, there is at least one report of a customer being visited by ATF and forced to surrender their "P80." Given what appears to be ATF's active enforcement of its interpretive … Continue reading If ATF Comes A Knocking, Only Surrender Your 80% Frame or Receiver Under Protest!

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

MONUMENTAL Determination from ATF – Grant of State Relief Relieves Federal Prohibition Relating to Mental Health Commitments

I am honored to announce, after fighting the U.S. Government over this issue for several years, that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has conceded that a grant of state relief in relation to a prior mental health commitment is sufficient to relieve the individual of any prohibition under federal law. In … Continue reading MONUMENTAL Determination from ATF – Grant of State Relief Relieves Federal Prohibition Relating to Mental Health Commitments

Surrendering Your Bumpstock Under Protest on March 25, 2019 (if Necessary) – Bump-Stock Redemption Day!

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 … Continue reading Surrendering Your Bumpstock Under Protest on March 25, 2019 (if Necessary) – Bump-Stock Redemption Day!

Final Rule Banning Bumpstocks Published in Federal Register

This morning, the Final Rule banning bump-stock-type devices was published in the Federal Register. The Rule had been announced last week and just hours after being announced saw its first challenge filed by FICG on behalf of Damien Guedes, Firearms Policy Coalition, Firearms Policy Foundation, and the Madison Society Foundation. The Rule is set to take … Continue reading Final Rule Banning Bumpstocks Published in Federal Register

ATF Confirms That It Is Lawful For FFLs To Utilize “Ditto Marks” In Their A&D Records

On December 19, 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a responsive determination to me that it is lawful for a Federal Firearms Licensee (FFL) to utilize what are referred to as ditto marks (i.e. a set of quotation marks or " ") in their acquisition and disposition (A&D) record, after … Continue reading ATF Confirms That It Is Lawful For FFLs To Utilize “Ditto Marks” In Their A&D Records