Tag Archives: “federal register”

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.

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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.), the Gun Control Act (27 C.F.R. § 478.1, et seq.), and the Arms Export Control Act (27 C.F.R. § 447.1, et seq.).

Currently, the definition of a machine gun (in the GCA and NFA regulations) is

Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

This change would alter the definition to include the following language

For purposes of this definition, the term “automatically” as it modifies “shoots, is designed to shoot, or can be readily restored to shoot,” means functioning as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single function of the trigger; and “single function of the trigger” means a single pull of the trigger. The term “machine gun” includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.

If you are interested in submitting a comment in opposition to the proposed rule, you may do so by visiting www.regulations.gov and searching the docket “ATF 2017R-22”. (Updated with link: https://www.regulations.gov/document?D=ATF-2018-0001-35714) If you wish to stay up to date on issues relating to this infringement of our rights, join the Facebook page Americans Opposed to ATF 2017R-22, where we will post updates and our submitted comments, as they become available. (Make sure to select “See First” from the Following tab to ensure that you see all of the posts)

All comments must reference the docket number ATF 2017R-22, be legible, and 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.

Firearms Policy Coalition has retained Joshua Prince and myself to draft a comment in opposition on their behalf. To learn more visit: www.defendgunparts.com and Americans Opposes to ATF 2017R-22

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Filed under ATF, Firearms Law

Calling All Class 2 and 3 SOTs

By Tom Odom, Esq.

In connection with our on-going effort to oppose ATF’s proposed rulemaking 41P (addressed in more than twenty recent posting to this blog), the Firearms Industry Consulting Group, a division of Prince Law Offices, P.C.,  is seeking Special Occupation Tax payers (SOTs) that will share details of their experience in dealing with firearms regulated under the National Firearms Act.

If you are a licensed dealer or manufacturer of NFA firearms and are one of the many SOTs that can answer “yes” to one or more of the following questions, we would like to hear from you:

• Are you located in a jurisdiction where State law requires that you conduct some form of background check in addition to the ATF Form 4 before physically transferring the NFA firearm to a customer?

• Do you regularly perform a NICS check upon completion of a Form 4473 even for NFA firearms?

• Have you been advised by your IOI (or other ATF representative) that you should perform a NICS check upon completion of a Form 4473 even for NFA firearms?

Our website at www.FirearmsIndustryConsultingGroup.com provides information on how to reach our attorneys by phone, fax, and e-mail.


Filed under ATF, Firearms Law, Gun Trusts