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
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
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
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
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!
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
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!
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
Earlier today, the Department of Justice released the approved Final Rule on bumpstocks. As was expected, the Rule alters the definition of the term "machine gun" (in the regulations pertaining to the Gun Control Act and National Firearms Act) to include the following language * * * For purposes of this definition, the term "automatically" … Continue reading FICG Files Complaint and Motion for Preliminary Injunction Challenging ATF’s Final Rule on Bumpstocks
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?