October 11th, 2018

Transferring Firearms — What You Need to Know

Firearms straw sale transfer buy sell

Are you planning to purchase or sell a gun? Or perhaps you want to give one to a family member. Maybe you want to transfer a gun to a friend out of state. These are all situations that demand you understand the law before you buy, sell, or transfer a gun. Thankfully the NRA Blog has a series of helpful articles that can guide you through firearms transfers and transactions. Do note that laws on private transfers vary from state to state.

Here are five articles providing key facts you need to know.
Click each title to read the specific article.

Firearms straw sale transfer buy sell
Firearms straw sale transfer buy sell gift giving
Firearms straw sale transfer buy sell gift family
Firearms straw sale transfer buy sell private gift
Firearms straw sale transfer buy sell private gift

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August 8th, 2018

Firearms Transfers — Federal Form 4473 and Cannabis

ATF Form 4473 Marijuana Cannabis background check
Read Orchid Advisors’ Full Form 4473 Revision Report on Ammoland.com.

Dope or Guns. But Not Both…
Federal law is clear on this. Make your choice. — Dennis Santiago

You may live in a state where private use of marijuana has been decriminalized, but you still have to worry about the Federal Government. Use of marijuana (cannabis) is still prohibited under Federal law. Admitting that you smoke dope can and will prevent you from being able to purchase firearms. We raise this point because in 2016 ATF modified Forum 4473, the Federal Firearms Transaction Record, to include a new warning. The Shooting Wire explains:

ATF Form 4473 Marijuana Cannabis background check “ATF notified licensees last week that ATF Form 4473… has again been revised. There’s now a warning attached to question 11.e.

11.e is the famous question, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’

The warning simply says that use and possession is illegal under federal statute regardless of the state’s rules. Some on social media said, ‘ATF is telling you to mark that answer “no”. Apparently they don’t remember Scooter Libby.

Lying on ATF Form 4473, as noted right above Block 14, is a federal felony — punishable by fines and a term of imprisonment. Want an all-expense paid vacation at Club Fed? If not, don’t mess with the [Federal Government].”

There are a number of other small changes and additions in the latest revision of Form 4473. These changes are reviewed in great detail by Orchid Advisors, firearms industry compliance experts. If you sell firearms, we recommend you read Orchid Advisors’ full Form 4473 Report on Ammoland.com. Below you can read all six pages of ATF Form 4473.

Download current Form 4473 from the ATF’s website at https://www.atf.gov/firearms/firearms-forms. FFL dealers should note that all six pages of Form 4473 must be printed and retained as permanent transaction records.

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June 5th, 2018

NSSF Answers Tough Firearms Transfer Questions

FFL license holders questions and answers about transfersThe National Shooting Sports Foundation (NSSF) has published a Q & A Page about FFL transfers and other FFL-related matters. The NSSF’s experts provide answers to common questions to ensure that neither FFLs nor their customers get caught in regulatory traps. Here are some of the recent questions and answers:

1. Purchase of Firearm by Parent for Child.

Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (under 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes (e.g., employment, ranching, farming, target practice or hunting), and that permission slip must be carried by the juvenile while possessing the handgun. [18 U.S.C. 922(x)]

2. May an FFL Transfer a Firearm by Way of a “House Call”?

Q: I have an elderly customer who cannot leave his home. I have a gun in my store that he wants to buy. Can I go to his house, have the Form 4473 completed, call for a background check and deliver the gun to him, providing that all the background checks clear?

A: Federal Firearms Licensees (FFLs) are required to conduct business from their licensed “business premises.” The Form 4473, Part 1, is for an over-the-counter transaction. The buyer must appear in person at the FFL premises. Licensees may not conduct firearms transactions from locations other than their licensed premises, with the exception of gun shows or other events dedicated to the sporting use of firearms and held in the state where the FFL’s premises is located. An FFL who locates purchasers by other means must complete the transaction and all required paperwork at the business premises indicated on the FFL’s license.

3. Can the Spouse of a Transferee (Buyer) Pick Up a Firearm?

Q: A customer filled out a Form 4473 on a shotgun. The NICS background check reply was delayed, but the following day NICS approved the purchase. The customer could not get back to my store during open hours, however, so he sent his wife to pick it up. May I transfer the shotgun to her?

A: The shotgun may not be transferred to the customer’s wife, as she is not the intended transferee. The customer must return to the store himself and complete the ATF Form 4473 to receive the firearm. He must recertify that his answers in section A are still true, correct and complete by signing and dating Section C on the ATF Form 4473.

4. What Is the Procedure for an Older Firearm with No Serial Number?

Q: I have received a firearm on trade. It was made before 1968 and has no serial number. I must note the physical markings on the firearm in my records. What do I do in this case?

A: Unfortunately, marking requirements that existed before 1968 did not apply to all firearms. Many of the firearms manufactured and imported prior to 1968 bear no serial numbers or other markings. Licensees who receive these firearms should note in each descriptive column in the acquisition record the physical markings that appear on the firearms. If no serial number was placed on the firearm, it should be specifically noted that “Firearm has no serial number” or recorded “NSN.” Remember, however, it is illegal to remove or alter a firearm’s serial number, and a licensee should report such a firearm to the nearest ATF office. Refer to the ATF P 3317.2, Safety and Security Information for Federal Firearms Licensees.

5. What Should Be Done if an FFL Finds a Firearm That Was Previously Reported Lost?

Q: I’ve reported a lost firearm. I’ve done all the necessary paperwork and notifications. Now, I’ve found the firearm. What is my course of action?

A: FFLs who report a firearm as missing and later discover its whereabouts should advise the ATF, as well as their local law enforcement agency, that the firearms have been located. The ATF can be contacted at 888-930-9275. In addition, once the firearms are located, they must be re-entered into the Acquisition and Disposition (A&D) record as an acquisition entry.

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November 21st, 2016

Beware Cannabis Question on Federal Firearms Transaction Form

ATF Form 4473 Marijuana Cannabis background check
Read Orchid Advisors’ Full Form 4473 Revision Report on Ammoland.com.

Dope or Guns. But Not Both…
Federal law is clear on this. Make your choice. — Dennis Santiago

You may live in a state where private use of marijuana has been decriminalized, but you still have to worry about the Federal Government. Use of marijuana (cannabis) is still prohibited under Federal law. Admitting that you smoke dope can and will prevent you from being able to purchase firearms. We raise this point because ATF has modified Forum 4473, the Federal Firearms Transaction Record, to include a new warning. The Shooting Wire explains:

ATF Form 4473 Marijuana Cannabis background check “ATF notified licensees last week that ATF Form 4473… has again been revised. There’s now a warning attached to question 11.e.

11.e is the famous question, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’

The warning simply says that use and possession is illegal under federal statute regardless of the state’s rules. Some on social media said, ‘ATF is telling you to mark that answer “no”. Apparently they don’t remember Scooter Libby.

Lying on ATF Form 4473, as noted right above Block 14, is a federal felony — punishable by fines and a term of imprisonment. Want an all-expense paid vacation at Club Fed? If not, don’t mess with the [Federal Government].”

There are a number of other small changes and additions in the latest revision of Form 4473. These changes are reviewed in great detail by Orchid Advisors, firearms industry compliance experts. If you sell firearms, we recommend you read Orchid Advisors’ full Form 4473 Report on Ammoland.com. Below you can read all six pages of the new ATF Form 4473.

You can print Form 4473 from the ATF’s website at https://www.atf.gov/firearms/firearms-forms. FFL dealers should note that all six pages of Form 4473 must be printed and retained as permanent transaction records.

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November 12th, 2016

Brownells Now Sells Guns — Large Inventory, 30+ Brands

Brownells Sells gun online 30 brands Remington Ruger

For decades, shooters have depended on Brownells to provide tools, parts and accessories for nearly all kinds of modern sporting and hunting firearms. Starting this month, gun owners can now purchase rifles, shotguns, and pistols from Brownells, which has opened a web-based, gun sales division. The company’s entry into selling firearms online makes Brownells a true, one-stop-shop for gun owners and shooting sports enthusiasts.

Brownells Sells gun online 30 brands Remington Ruger

“We’ve been a gun company from the beginning,” said Pete Brownell, CEO of Brownells. “For 77 years, we’ve serviced all corners of the firearms market – new shooters to gunsmiths. This is just one example of many upcoming programs we’ll be launching to serve every portion of the gun industry.”

Brownells’ new Firearms Sales Center features more than 3,500 production firearms from over 30 popular gun manufacturers, including Remington, Ruger, Browning, CZ-USA, Smith & Wesson, Sig Sauer, Beretta, Benelli, Glock and more.

Brownells Sells gun online 30 brands Remington Ruger

Customers can order guns online using the simple, step-by-step instructions. The quickest, easiest method for completing an online gun purchase will be to choose a Brownells Featured Dealer from the online list of FFL dealers who have already agreed to perform transfers on guns bought from Brownells.

News Tip from EdLongrange. We welcome reader submissions.
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April 8th, 2015

Gunsmoke Store Raided in Colorado

Update — Rich Wyatt Arrested for Theft
Rich Wyatt, owner of the Gunsmoke gunshop, was arrested Friday, April 10, 2015. He turned himself into the Jefferson County Sheriff’s office after being charged with felony “theft from at ‘at-risk’ adult”. This charge stemmed from alleged conversion of property from an individual who had consigned guns with Wyatt. According to CBS 4 Denver, “The victim in the case had consigned a rare and antique gun collection with Wyatt in 2013. Repeated efforts by the victim at recovering the weapons had failed.”

READ CBS Story about Rich Wyatt Arrest in Colorado.

Gunsmoke Colorado Wyatt Family Discovery Channel ATF IRS raid FFL

Lesson: Don’t sell firearms if you don’t have a valid Federal Firearms License.

Gunsmoke, the Wheat Ridge, Colorado firearms emporium featured on the Discovery Channel’s reality TV show American Guns, has been raided by the Feds. ATF and IRS agents swooped into the Gunsmoke shop last week, culminating an investigation into alleged improper gun transactions. Firearms were seized from Gunsmoke’s inventory and carted away in federal vans.

Run by Rich Wyatt and his wife Renee, Gunsmoke earned notoriety for Rich’s salesmanship and the revealing clothing worn by his wife and his daughter. The show highlighted Rich’s ability to sell firearms for what were often shockingly high prices. There was one problem though… Wyatt had voluntarily surrended his FFL some time ago. Consequently, Gunsmoke’s firearms transfers were being conducted through a third party. Apparently the Feds did not like the arrangement.

Those who have watched the Wyatts on the Discovery Channel may not be surprised by this outcome. It seemed like Rich Wyatt’s signature talent was selling guns at outrageously inflated prices (if the sales price quoted on the show are to be believed). As for the alleged “gunsmithing” done in the Gunsmoke shop… well it certainly was creative. You could definitely learn what NOT to do to a fine firearm by watching the Gunsmoke TV show.

No arrests have been made. The GunsAmerica Blog reports: “This is not the first time Gunsmoke Guns was investigated by a federal agency. In 2013, the IRS searched the store as part of an ‘ongoing financial investigation.’ So far, no charges have been filed against the owner of the store Rich Wyatt, according to the U.S. Attorney. But local CBS4 investigator Rick Sallinger learned the shop may have been selling guns illegally.”

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October 8th, 2014

Handy FFL Finder App for iPhones

FFL Finder AppNeed to find an FFL near you (or near a destination to which you’ll be traveling)? Then check out this handy FFL Finder app from Huntgeek.com. This easy-to-use, inexpensive iPhone App locates FFLs throughout the country. FFL Finder sells for just 99 cents ($0.99) on the iTunes store.

With FFL Finder, you instantly get mapped results of FFL holders near your location (via GPS) or by selecting an area on a map. You can quickly find a variety of nearby FFLs you can contact to compare their transfer rates and policies. If you need to ship a gun out of state, the program quickly finds an FFL who can receive the firearm. And if you are traveling away from home for a match, or a hunting trip, the App can find locations where you can obtain ammo, supplies, and replacement parts. That’s reassuring. Imagine you are traveling and your firearm breaks, or your optics fail, so you need spare parts or a new scope immediately. The FFL Finder App can help you source what you need.

FFL location app iOS

CLICK HERE for Preview on iTunes website.

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April 13th, 2014

FFLs Take Note — BATFE Shuts Down eForms System

Bureau of Alcohol, Tobacco, Firearms & Explosives ATF BATFE

If you have a Federal Firearms License, or work with an FFL-holder, please read this story — there is an important change in the way the Bureau of Alcohol, Tobacco, Firearms & Explosives (BATFE) will handle forms. It appears the the BATFE’s eform system was not ready for prime time, so it is being shelved for the time being. This means that import forms, NFA forms, and AFMER reports must now be submitted via paper “hard copies”.

In early April, BATFE took its troubled eForms program offline. A BATFE notice stated that: “The eForms software is not performing to our expectations. As a result, we are taking the eForms system down until further notice. We apologize for any inconvenience and appreciate your patience as we work with our industry partners to deliver a quality product. Any eForm (already) submitted will continue to be processed. The finalized forms will be sent to the user via email. Until the eForms system is returned to service for the industry, all imports forms (Forms 6 Part I and 6A), NFA forms (1, 2, 3, 4, 5, 9 and 10), and AFMER reports (Form 5300.11) must be submitted via paper, including any eForms in draft status.” Questions should be directed to eForms.admin [at] atf.gov.

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December 31st, 2013

Californians Race to Buy Long Guns Before Registry Takes Effect

California Gun RegistrationCalifornians have one more day left before Long Gun Registration takes effect. Starting on January 1, 2014, every long gun sold in California must be registered in a permanent State government database. With the threat of registration looming, Californians are lining up in record numbers to purchase rifles and shotguns. At many gun stores, sales of long guns are up 30-50% compared to last year, as Californians try to “get their guns” before mandatory registration takes effect.

Under current law, a Californian (with no criminal history) may purchase a rifle or shotgun, subject to a 10-day waiting period. At least in theory, once the background check was approved, the gun store owner could destroy the sales record. However, that will change under the terms of AB 809, passed in 2011. AB 809 mandated that, starting in 2014, California shall maintain a permanent record of all new long guns purchased within the state.

Under the new law, each new long gun must be registered. A state firearms registry will track the make, model and serial number of the gun, as well as the person who owns it. In effect, long guns will be treated like handguns, with every gun sold being recorded for all eternity in a state database. According to CBS News: “Previously dealers would destroy personal information on long gun owners after a background check had been completed. Now they’ll register those purchases with the state.”

The new law also imposes new restrictions on the sale of previously-owned long arms (i.e. rifles and shotguns). Now, every time a long gun changes hands, the firearm must be added to the State firearm registry. Previously, nearly all long gun transactions needed to be carried out through an FFL, however, there was no additional registration requirement. After January 1, 2014, when a long gun is transfered via the FFL, it must then be registered. CBS News states: “Guns currently in existence, including heirloom weapons that have been handed down from one generation of family members to the next, will have to be registered for the first time when they next change hands.”

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May 19th, 2013

2013 Traveler’s Guide to Firearms Laws Now Available

Many readers will be driving across multiple states this summer to attend competitions. Other shooters will be heading out of state for a game hunt or prairie dog safari. For $13.95 you can purchase a state-by-state Traveler’s Guide to firearms laws. This book can help ensure you comply with all state laws during your trip. Highways Magazine states: “If you carry a weapon in your rig, you need this book.” This 68-page guide covers all firearms types and all 50 states. It even has info for Canada and Mexico. The latest edition of the Traveler’s Guide, updated with 50 changes for 2013, is now shipping.

The Traveler’s Guide to the Firearm Laws of the Fifty States has sold more than 950,000 copies since it was first released in 1996. The book’s author, Attorney J. Scott Kappas, has written numerous magazine articles and has appeared on television, explaining the unexpected pitfalls that shooters may encounter when traveling with firearms. Along with being an attorney, Mr. Kappas serves as a director on the Board of the Kentucky Firearms Foundation, and Kappas is a Class III firearms dealer.

CLICK HERE for Sample Pages.

The Traveler’s Guide is especially useful for shooters traveling in RVs and motorhomes. The American Rifleman Magazine declared: “This book is a must-have for truck drivers, motor home enthusiasts, campers and other travelers…easy to read and understand, well-organized and concise….” One reader from Texas adds: “I used to think that my RV was the same as my home when it came to gun carry….the Traveler’s Guide set me straight. Now I know my motorhome is subject to the same laws as any vehicle when it comes to guns.”

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March 25th, 2013

ATF Provides Answers to Top 10 Firearms Questions

Bureau of Alcohol, Tobacco, Firearms and Explosives ATF

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), receives hundreds of telephone and electronic inquiries every day. In an effort to provide individuals with the most up-to-date information, ATF has compiled a list of the Top 10 Most Frequently Asked Questions. ATF has provided these questions, along with official ATF-sourced answers, in a 4-page PDF file you can download.

CLICK HERE to DOWNLOAD ATF Top 10 Questions and Answers PDF file.

The #1 most commonly asked question is whether a person barred by law from possessing a “firearm” can legally own a black-powder muzzle-loading gun. The answer to that question is quite lengthy, so we can’t include it here. But we have reprinted below the second, third, and fourth most-asked questions, along with the ATF answers. Download the PDF file to read the remaining questions and answers.

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, … a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

3. May I lawfully transfer a firearm to a resident of the same State in which I reside?
Any person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate interstate firearm transactions. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

4. How do I register my firearm or remove my name from a firearms registration?
There is no Federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF. For information on the registration and transfer provisions of the National Firearms Act, please refer to the ATF NFA Handbook at www.atf.gov/publications/firearms/nfa-handbook/ or contact the ATF NFA Branch at 304-616-4500. Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

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December 17th, 2012

New Book on California Gun Laws Released

The California Rifle & Pistol Association (CRPA) has released an important new book: California Gun Laws: A Guide to State and Federal Firearm Regulations. Written by CRPA/NRA attorney C.D. Michel, this new resource has just arrived from the printers and should start shipping this week. Price is $27.13.

California Gun Laws Attorney MichelGun owners who live or do business in California should strongly consider purchasing this 320-page book. California gun laws are complex and confusing. There are over 800 California state statutes regulating the manufacture, distribution, sale, possession, and use of firearms. There are thousands of overlapping federal laws regulating firearms that apply in California. And there are hundreds of administrative regulations, local ordinances, and California Department Justice Firearms Bureau written and unwritten policies that also apply.

On top of the already byzantine regulatory scheme, on January 1, 2012 California firearm laws were completely reorganized and re-numbered. Because of the complexity of the laws, and the recent statute number changes, inadvertent gun law violations by well-intentioned citizens are increasingly common. In the politicized legal environment of California “gun-control” laws, the consequences of even an inadvertent violation can be severe.

With all the overlapping regulations, it’s no wonder that confusion runs rampant among California gun owners, as well as among police, prosecutors, and judges. To protect yourself, you need to know the law. This book will help. California Gun Laws tells you how to legally buy, own, transport and possess firearms, and explains how you get your firearms or firearm rights back if they are taken away. The book warns about common legal “traps” that may ensnare California firearm owners.

CLICK to Order: California Gun Laws: A Guide to State and Federal Firearm Regulations.

California Gun Laws Attorney MichelAuthor Profile: C.D. (Chuck) Michel is an attorney with 20 years of experience representing the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA), as well as firearm manufacturers, wholesalers, retailers, and gun owners, Michel has been litigating civil and criminal firearm cases since 1991, many of which were high profile and attracted state and national media attention.

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October 29th, 2012

ATF Urges FFLs to Prepare for Hurricane Sandy

Hurricane SandyIn preparation for Hurricane Sandy and other natural disasters, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) urges federal firearms licensees (FFLs) and federal explosives licensees and permittees (FEL/Ps) to be prepared, and stand ready to protect their merchandise and facilities. ATF has prepared guidance (available online) regarding how to plan ahead before disasters strike. First, FEL/Ps should review the PDF brochure, Voluntary Steps to Prepare for a Pending Natural Disaster, (ATF Publication 5400.16, March 2011).

Additionally, a hurricane preparedness brochure and a video are available on ATF’s website. The brochure, Disaster Preparedness for Federal Firearms Licensees (ATF publication 3317.7) provides information regarding businesses that are affected by flooding or other natural disasters. The video, “Disaster Preparedness,” can be accessed on the ATF Online Education Seminars Page.

FEL/Ps that have additional questions concerning preparedness are urged to contact their local ATF field office or the Explosives Industry Programs Branch at 202-648-7120.

FFLs with additional questions, should contact their local ATF field office or the ATF Firearms Industry Programs Branch at 202-648-7190. For other useful information on planning for a natural disaster, please visit www.ready.gov. Further information about ATF is available at www.atf.gov.

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June 28th, 2012

NSSF Online Compliance Resource Center for FFLs and Vendors

NSSFTo assist gun retailers and Federal Firearms licensees comply with the ever-growing web of governmental regulations, the NSSF has rolled out a new compliance info page at NSSF.org/compliance. The NSSF’s new Regulatory Compliance Resource Center now provides one convenient and centralized hub devoted to helping industry members operate their businesses in compliance with the ever-changing terrain of laws and regulations. The website offers an array of practical and essential compliance resources, including articles, videos, products and solutions, on-demand training courses, and much more. Federal Firearms Licensees can also access information about NSSF’s ATF compliance consultation program and NSSF-endorsed Firearms Business Insurance providing up to $25,000 in defense coverage against any ATF record-keeping or administrative action. The table below provides direct links to Compliance Center resources.

Compliance Tool Box

ATF Compliance Consultants

ATF Licensing and Regulatory Legal Consultations

Articles:

Videos

Products and Solutions

Free Regulatory Compliance Training:

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June 1st, 2012

ATF Issues Notice Concerning Binary Exploding Target Products

Binary Exploding Rifle TargetFor those who enjoy reactive targets that explode with a big bang and a cloud of smoke, binary compounds are available from a variety of vendors, including Midsouth Shooters Supply.

These binary compounds, when mixed together, will explode when hit by a projectile of sufficient velocity. When used with proper safety precautions, binary target compounds such as Tannerite and Shockwave can create crowd-pleasing “special effects” at fun shoots. (But be sure to place the target at safe distances and never encase the exploding targets inside boxes, cans or other containers which can create flying shrapnel.) The video below shows the inventor of Tannerite, Daniel J. Tanner, hitting a 1-pound Tannerite target at 500 meters. Projectile was a .308 caliber 180gr Hornady HPS.

Federal Laws Apply Once You Mix the Binary Elements!
While separated binary explosives are currently legal to own and use (with minimal restrictions), there are some important legal considerations involved in the storage, distribution, and use of MIXED binary explosives. Individuals, shooting club directors, and range operators must ensure binary explosives are used in compliance with all local, state, and Federal Regulations. These issues are covered in a recent notice from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Anyone who plans to use Binary Exploding target compounds should read this notice carefully:

ATF Notice Re Binary Exploding Target Compounds

ATF has recently received inquiries about the applicability of the Federal explosives law to binary exploding targets.

The components of these binary targets (typically an oxidizer like ammonium nitrate and a fuel such as aluminum or another metal-based powder) are not separately listed on the List of Explosive Materials and do not meet the definition of “Explosives” in 27 CFR 555.11. Therefore, ATF does not regulate the sale and distribution of these component chemicals, even when sold together in binary target “kits.”

However, when the binary components are combined, the resulting mixture is an explosive material subject to all requirements of 18 U.S.C. Chapter 40 and 27 CFR Part 555. Accordingly, all such exploding targets must be stored in an explosives storage magazine as prescribed in the regulations found in 27 CFR, Part 555, Subpart K — Storage, unless they are in the process of being used.

Further, mixing the binary components together constitutes manufacturing explosives. Persons manufacturing explosives for their own personal, non-business use only (e.g., personal target practice) are not required to have a Federal explosives license or permit. However, individuals or companies must obtain a Federal explosives manufacturing license if they intend to engage in the business of manufacturing explosives for sale or distribution, or for their own business use. Such business uses include manufacturing binary targets for demonstration or product testing purposes.

Licensed manufacturers of exploding targets are subject to Federal recordkeeping requirements and must comply with regulations concerning records of manufacture or acquisition, distribution, exportation, use, inventory and daily summaries of magazine transactions found in 27 CFR, Part 555, Subpart G—Records and Reports.

In addition, a Federal explosives license or permit is required for the transport of explosive materials. Therefore, a person must obtain a Federal explosives license or permit if they mix binary exploding targets and subsequently transport them to a shooting range or to any other location. For further information, please contact the Explosives Industry Programs Branch at eipb [at] atf.gov or (202) 648-7120.

Tannerite Informational Video — Shooting Demos Start at 6:34 Mark

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March 14th, 2012

ATF Notice Regarding Private Online FFL Application Services

BATFE ATF FFL Application Notice

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a bulletin on March 9, 2012 regarding web-based services that promise that the purchaser of an commercial application package will be issued a Federal Firearms License (FFL). ATF notes that such commercial services are not sponsored or approved by the ATF, and these service may use non-authorized forms which the ATF will neither accept nor approve. Here is the exact language of the Notice, highlights added:

Private Application Services and Non-Approved Application Forms

ATF has recently become aware of web-based companies which guarantee the issuance of a Federal firearms license (FFL) if a prospective applicant purchases the company’s application packet and advice about how to obtain a FFL. Anyone considering applying for a FFL should be aware that the fees paid for such consulting services and materials are not required, endorsed, or received by ATF. Any fees for application consulting services and materials are paid voluntarily by a prospective applicant, who should understand that such fees are in addition to the license and permit application fees required by law and collected by ATF. ATF collects no application fees online at this time. All ATF-required fee payments must be made by check, money order, or credit card and accompany the paper application form sent to ATF by the applicant.

It is also important to note that ATF does not guarantee the issuance of FFLs. Each application is reviewed on its merits under the qualifying criteria set forth by law.

Some private application services provide their own version of license application forms. Please note that ATF will not accept any application form not approved for use by the Office of Management and Budget and will return without action applications submitted on unauthorized versions of ATF forms. All ATF application forms are provided free of charge and may be obtained from the ATF website or forms Distribution Center by calling 202-648-6420. You may also contact the Federal Firearms Licensing Center at 1-866-662-2750 for assistance in completing FFL applications.

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December 20th, 2010

BATFE Posts Instructional Videos on YouTube

BATFE logo ATFThe Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) is turning to the internet to spread its message and to inform Federal Firearms License holders (FFLs) regarding the latest regulations and reporting requirements. BATFE is posting a series of online video seminars designed to educate Federal Firearms Licensees on a host of topics related to the Federal firearms laws and regulations and best practices.

FFL instructional videos are now available on the BATFE’s recently created YouTube channel, www.youtube.com/user/ATFHQ. Linked below is Part One of the video on Record-keeping Requirements. Note that some videos are in segments and should be viewed in order. CLICK HERE to view Part Two and other BATFE videos.

Record-Keeping Requirements for FFLs — PART ONE
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November 28th, 2010

New Online Marketplace for FFL to FFL Gun Sales

FFL TraderA new website for FFL to FFL sales has launched. FFLGunTrader.com is a new web venue where Federal Firearm License-holders (FFLs) can buy and sell firearms and accessories. To participate, both buyers and sellers must have valid FFLs. According to FFLGunTrader.com’s Scott Chatman: “We wanted to create an online marketplace for Federally-licensed distributors and dealers. It is a great [opportunity] for dealers looking to move excess inventory. Plus dealers have the peace of mind knowing that each buyer had to submit to a license check.”

Buyer and Seller FFL Status is Verified
FFLGunTrader.com verifies each buyer and seller is a federal firearm licensed dealer through the Bureau of Alcohol, Tobacco and Firearms eZCheck process. Buyers and sellers are required to submit the first three and the last five of their license number in order to be approved for the transaction. “We check each buyer and seller to verify that they are licensed and registered to participate in our marketplace,” Chatman said. “If they fail the license check, the transaction is not completed.”

FFL Trader

Sellers Pay 3% of Transaction on Sale — No Fee for Buyers
Buyers don’t have to pay for purchasing an item on FFLGunTrader.com. Sellers pay a three percent (3%) transaction fee (due on sale) to list the item on the marketplace to a national audience. For more information about FFLGunTrader, visit www.fflguntrader.com.

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September 8th, 2010

NSSF Supports ATF Modernization Legislation

ATF logo FirearmsThe National Shooting Sports Foundation (NSSF) is supporting the passage of new legislation, Senate Bill 941, that would expand “due process” rights for Federal Firearms License holders. The proposed law, titled “The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Reform and Firearms Modernization Act of 2009″, provides the ATF with additional “non-doomsday” regulatory options (short of revocation) while at the same time affording licensees more rights and due process in the regulatory scheme.

The bi-partisan bill was introduced by Sen. Mike Crapo (R-Idaho) and Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.). It would allow ATF new powers to issue fines and suspend licenses of federal firearms licensees (as opposed to current regulations which only allow for license revocation). The legislation would also allow ATF to distinguish between more serious violations and “benign/administrative” violations. Furthermore, the legislation would create an appeals process, whereby FFLs would have cases heard before a neutral administrative law judge, rather than an ATF official.

NSSF supports S. 941 because it helps protect the rights of FFLs while giving ATF more tools (beyond license revocation) to ensure licensee compliance. Companion legislation in the House was introduced by Rep. Steve King (R- Iowa) and Zack Space (D-Ohio).

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August 23rd, 2010

LuckyGunner.com To Sell Guns as Well as Ammo and Supplies

Luckygunner.com warehouseLuckygunner.com is a rapidly-growing ammo and shooting supplies vendor with a unique business model. Luckygunner.com guarantees that all products displayed on its website are in stock. Using an advanced “real-time” inventory system, Luckygunner.com promises that “what you see is what we’ve got.” You can count on receiving your order within a few days, and not be caught in the uncertainty and delays of back-ordering.

Luckygunner.com warehouseLuckyGunner.com to Sell Firearms Soon
LuckyGunner.com recently obtained its Federal Firearms License (FFL) and plans to begin offering firearms for sale on its website in the coming weeks. Luckygunner is expanding to sell firearms (through local FFLs) in response to customer requests. The same In Stock-Shipping policy applies to all LuckyGunner.com inventory — including firearms. Luckygunner.com promises: “If you see it on our website, it will be in stock and ready to ship. Every time. No exceptions.” When you order before 3pm EST on a business day, your order will ship the very same day.

NOTE: Purchasers do not receive firearms directly. The buyer provides contact info for a licensed firearms dealer (FFL) in the buyer’s vicinity. The firearms are shipped to the FFL, and the buyer must then comply with all Federal, state, and local laws before taking possession of the gun(s).
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