Tag Archives: “Bureau of Alcohol Tobacco Firearms and Explosives”

Massive Comment Filed in Opposition to ATF’s Proposed Rulemaking Regarding Bump-Stock-Devices – ATF – 2017R-22

Firearms Industry Consulting Group (“FICG”), a division of Civil Rights Defense Firm, P.C., is honored to announce that Chief Counsel Joshua Prince and Attorney Adam Kraut drafted and filed a 923 page Comment in Opposition to ATF’s proposed rulemaking on bump-stock-devices (docket no. ATF 2017R-22 ) on behalf of Firearms Policy Coalition (“FPC”) and Firearms Policy Foundation (“FPF”). A copy of FPC/FPF’s Press Release can be found here and copies of the massive Comment in Opposition and 35 Exhibits can be found here.

Humorously, it appears that FICG broke the eRulemaking Portal, as ATF was unable to upload all exhibits (i.e. videos) and had to break the exhibits up over two separate comment IDs:

FPC Comment

It bears substantial mentioning that Patton Media and Consulting and former Acting Director of the Firearms Technology Branch and Senior Analyst Richard (“Rick”) Vasquez of Rick Vasquez Firearms LLC were instrumental in providing irrefutable evidence that ATF has purposely misled the public on the function of bump-stock-devices. While this would undermine the efforts of an administrative agency with a sterling reputation for candor, as reflected in the Comment, ATF has a well-documented record of “spinning” facts and engaging in outright deception of the courts, Congress, and the public. Thus, it is imperative that the current Administration appoint a director to ATF, who has a stellar reputation for candor, honesty and upholding the law as written, so that ATF’s extremely tarnished reputation might be rehabilitated.

If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking by a federal administrative agency, contact Firearms Industry Consulting Group today to discuss your rights and legal options.

 


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.

 

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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 the absence of disclosure of these documents, the public would be denied meaningful opportunity to respond, the FOIA request additionally requests expedited review and processing.

We will post ATF’s response when it is received. In the meanwhile, if you wish to stay apprised of issues relating to ATF attempting to ban bump stocks, please follow Americans Opposed to ATF 2017R-22 and after following, select “See First” under the Following tab so you can be assured to see all of the posts and updates!


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.

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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 hearing, rendering a person’s options for relief at the federal level limited to Second Amendment as-applied challenges and/or presidential pardons.

 

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It is important that you contact your Senators immediately and demand they pass the bill with the funding for federal firearms relief determinations in the final language.

Who is My Senator?

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If this bill were to pass with funding reinstated for the program, thousands of individuals who are currently prohibited may be able to once again exercise their Second Amendment rights.

 

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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 move forward expeditiously with a proposed rule in relation to bump stocks (and potentially other firearm accessories which purportedly permit or result in higher cyclic rates by the operator), we’re asking for your support so that we can prepare a comprehensive comment with appropriate expert reports, so that if ATF enacts any form of regulation, we will be able to challenge it in court.

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Although we do not yet have the text of any proposed rule, we already know that ATF intends to propose a rule, which will ban, at a minimum, bump stocks. There are also concerns, depending on the language proposed by ATF, whether it could impact competition triggers and other tangentially related parts and accessories. Hence, it is imperative that we begin retaining experts to provide expert opinion on functionality of bump stocks and other parts and accessories, which could be included in any proposed rule. We also must begin formulating all arguments in opposition so that we can ensure that all issues can later be raised in court, if necessary.

Thus, we have set up a page on our website – Challenging Bump Stock Rulemaking – where we have further information about the issue. Unfortunately, we can’t do this without your support. Unlike the Government, we don’t have unlimited funds at our disposal.

Anyone wishing to donate can:

  • Pay via our secure website: Civil Rights Defense Firm, P.C. – Please place “Bump Stock Regulation” in the reference field
  • Mail donations to: Civil Rights Defense Firm, P.C., 646 Lenape Rd, Bechtelsville, PA 19505; or,
  • Call our office at 888-202-9297.

When submitting your donation, please include a note or inform the staff that you are donating in relation to the Bump Stock Regulation.

For those interested in some of the comments that FICG has drafted and filed on behalf of Industry Members and itself in opposition to rulemaking by ATF, see:

FICG Files Comment in Opposition to ATF – 41P – ATF’s proposed (and later enacted) rule to impose additional burdens on fictitious entity applications.

FICG Files Comment on behalf of David Goldman, Esq. of GunTrustLawyer.com in Opposition to ATF-41P

FICG Files Comment in Opposition to ATF 51P – ATF’s proposed rule to ATF’s to amend the definitions of “adjudicated as a mental defective” and “committed to a mental institution.”

FICG Files Comment in Opposition to ATF 29P on Behalf of Dead Air Armament – ATF’s advanced notice of proposed rulemaking regarding silencer engravings.

FICG Files Comment in Opposition to ATF’s Proposed Changes to the 4473 Form

 

 


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.

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Pennsylvania State Police Reiterate ATF Position on Medicinal Marijuana

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It should come to no surprise that the Pennsylvania State Police (“PSP”) have issued a position statement in relation to Pennsylvania’s new card carrying medicinal marijuana users. Once again, individuals who seek to use marijuana for medicinal purposes are forced to choose between the comfort they find in medicine or their constitutional rights.

Marijuana is still a Schedule I narcotic under federal law, which means that regardless of what state law says, at the federal level, it is still illegal to possess. Medicinal marijuana has grown in popularity since California legalized it in 1996 with a majority of states legalizing it in some form. However, the federal government has not taken any action to legalize it for medicinal purposes and DEA recently declined to reclassify it.

Medical marijuana card holders in Pennsylvania should take note of the following. It has been ATF’s position since 2011, that if an individual is merely in possession of a medical marijuana card, they are prohibited from purchasing a firearm. This is based on the theory that the transferor would have “reasonable cause to believe” that the person is an “unlawful user or addicted to a controlled substance.” In other words, it could be inferred that you fit that category by merely possessing a license, regardless of whether you obtained it for actual use or a political statement.

The statement also tells individuals that “[i]t is unlawful for you to attempt to purchase a firearm under Federal law and you will be denied during your Pennsylvania State Police background check, due to prohibitions under 18 U.S.C. § 922(g)(3),” which would seem to suggest that the information of medical marijuana users will be contained in the PSP’s central repository of information and/or sent to NICS.

IMPORTANT NOTE: I have not researched the medical marijuana law to see if that is the case or whether there are HIPAA concerns, etc., this is just a theory.

The PSP also states that an individual is unable to lawfully obtain a License to Carry Firearms (“LTCF”) and that “[t]he sheriff should not process your application if you truthfully indicate to the sheriff that you are the holder of a Medical Marijuana Card.” Moreover, the PSP continue to say “you will be denied during the Pennsylvania State Police background check, which occurs as part of the LTC application or renewal process,” again suggesting information pertaining to medical marijuana users are retained by the PSP and/or transmitted to NICS.

Perhaps most interesting about the PSP’s statement is this

It is unlawful for you to keep possession of any firearms which you owned or had in your possession prior to obtaining a Medical Marijuana Card, and you should consult an attorney about the best way to dispose of your firearms.  Again, this is due to prohibitions under 18 U.S.C. § 922(g)(3).

Essentially, PSP is contending that you are an unlawful user of a controlled substance if you obtain a medical marijuana card. However, possession of a card does not automatically equate to the use of the substance. So for individuals who seek to obtain a medical marijuana card for a political statement, be aware of the PSP’s position on the matter. That is one that will eventually require litigation.

 

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ATF to Publish Advance Notice of Proposed Rulemaking Re: Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices

EDIT 3: Publication date is now scheduled for 12/26/2017. Deadline for submissions would be Thursday, January 25, 2018.

EDIT 2: Document has been reposted. Link is working again.

EDIT: It appears the document has been removed “The Office of the Federal Register withdrew this document after it went on public inspection due to technical errors.” I’ll be keeping my eye for a repost.

ANPRM

Tomorrow, ATF will publish an Advance Notice of Proposed Rulemaking regarding the application of the definition of machinegun to “Bump Fire” stocks and other similar devices. As many have feared, it appears that the regulatory agency is soliciting information to help draft a rule which may potentially lump bump fire stocks, binary triggers, etc., within the definition of machinegun.

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Comments are due thirty (30) days from the date of publication in the Federal Register. Assuming that nothing goes awry with the publication tomorrow, that would mean any comment you wish to submit in opposition to this advance notice would need to be submitted by 11:59 PM on Sunday, January 21, 2018 11:59 PM on Thursday, January 25, 2018. While one might expect an extra day to be provided to place the deadline on a Monday, agency rules govern. ATF confirmed via telephone that the deadline was Sunday.

ATF is specifically seeking feedback from consumers regarding the following:

  1. In your experience, where have you seen these devices for sale and which of these has been the most common outlet from which consumers have purchased these devices (e.g., brick and mortar retail stores; online vendors; gun shows or similar events; or private sales between individuals)?
  2. Based on your experience or observations, what is (or has been) the price range for these devices?
  3. For what purposes are the bump stock devices used or advertised?

The ATF has a broad range of questions for manufacturers including:

  1. For what use or uses have you marketed bump stock devices?
  2. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your gross receipts for calendar year 2018?
  3. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?
  4. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.

The ATF asks retailers similar questions.

All comments must:

  1. reference docket number 2017R-22;
  2. be legible (I expect most submission will be done electronically); and
  3. include the commenter’s complete first and last name and full mailing address.

ATF will not consider, or respond to, comments that do not meet these requirements or comments containing profanity. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment.

If you’re a consumer, I suggest you submit a comment to the advance notice of proposed rulemaking. For helpful hints on how to draft a comment, take a look at the information in the article I wrote for Recoil Web, although some of that information would be more applicable for a Notice of Proposed Rulemaking.

If you represent a manufacturer or a retailer and want to inquire about obtaining services for the drafting of a comment, please contact the office as soon as possible to ensure sufficient time to draft a comment.

 

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ATF releases 2017 Report on Firearm Commerce in the United States (Numbers, Bar Graphs, and Pie Charts!)

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ATF has released its annual Firearms Commerce in the United States Statistical Update for 2017. As my one friend put it, “[t]his is like fantasy football stats for silencer dorks.” It’s actually like that for a lot more than the silencer crowd, but I digress.

The Annual Firearms Manufacturing and Exportation Report (AFMER) is only current through 2015. This is because AFMER data is not published until one year after the close of a calendar reporting year because the information provided by those whole filed a report is protected from immediate disclosure by the Trade Secrets Act. Which is why you see a two year lag (2015 data reporting in the beginning of 2016 and a year delay between its reporting and publication).

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In 2015, there were a total of 9,358,661 firearms manufactured. This was up from 2014’s number of 9,050,626 by about 3.3%. Interestingly the number of exports fell by about 20%, from 420,932 in 2014 down to 343,456.

The total number of imports rose from 3,930,211 in 2015 to 5,137,771 in 2016 (imports are not included not the AFMER report which is why the numbers are more current). Interestingly, it was handguns that account for a little over 1.2 million more firearms imported in 2016. And as you may have guessed Austria leads the charge with handguns imported, accounting for over 1.3 million coming into the country. Probably a safe bet that Glock is responsible for the majority of those.

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For those of you NFA junkies, in 2016, there was $6,018,000 in occupational taxes paid (SOTs). This is up again from the year prior and slightly under double that of 2012. Taxes paid were $62,596,000 for 2016, almost double the year before (thanks ATF 41F). Interestingly, there were 6,547 record checks, which means that ATF searched the National Firearms Registration and Transfer Record (NFRTR) that many times to determine if a firearm was possessed lawfully or if the transfer was performed lawfully.

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In 2016, there were 49,985 Form 1s and 133,911 Form 4s filed. These numbers were up from the year prior, but not by a significant margin for the Form 4s (Form 1s were up by about 17,000). While the number of forms process by the NFA Branch was up about a million from the year prior, it was the Form 2s that accounted for almost half of that number. For those that are unaware, Form 2s are used by industry to give notice to ATF that they produced or imported a NFA firearm.

As far as NFA firearms registered by state, Texas leads with 588,696. California follows with 344,622. Florida, Virginia, and Pennsylvania round out the top 5. Interestingly, Connecticut leads the charge with registered machine guns, sitting at 52,965. However, when you consider law enforcement, it starts to make sense.

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There are currently 57,345 licensed collectors of curios or relics, making it the most popular license type. It is followed closely by dealer in firearms, of which there are 56,754 active licenses. ATF reports 137,464 active licenses. Texas holds 10,954 of those licenses, making it the state with the most.

In 2016, 16 license applications were denied. This number is down almost 50% from the year prior. As for compliance inspections, ATF performed 9,790 last year. This equates to 7.1% of all licensees in 2016 being inspected.

As always, the annual report helps give some insight as to ongoings within the firearms industry.

 

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