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
YouTube Preview Image

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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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April 28th, 2010

New Jersey Now Requires CMP Rifles to Ship to NJ-Licensed FFLs

CMP M1 GarandOne of the great things about ordering an M1 Garand or rimfire Target Rifle from the Civilian Marksmanship Program (CMP) is that, if you satisfy all the purchaser requirements, the gun can be shipped directly to your home (in most states). You are NOT required to receive a CMP surplus rifle through an FFL, at least in most jurisdictions.

Unfortunately, that situation has changed in New Jersey. The State of New Jersey is now requiring that CMP guns be first shipped to Federal Firearms License-holders who also have a current New Jersey State License.

New Jersey Now Restricts CMP Firearms Transfers
Orest Michaels, CMP Chief Operating Officer, reports: “On April 12th, CMP representatives met with representatives of the NJ State Police and the NJ Attorney General’s office. At issue was the fact that CMP customers were receiving rifles at their home and not from a firearms dealer licensed by the state. It was the opinion… of both the NJ State Police and the AG’s office that NJ requires all firearm transactions be face to face and the transfer of a rifle be made to the customer by a NJ licensed dealer. Therefore, NJ residents cannot certify paragraph K on the CMP order form that reads: ‘I further certify that I will not be in violation, by reason of my receipt or possession of a rifle, of any state law or published ordinance applicable where I reside’.”

Effective immediately, rifles sold and shipped to NJ residents must be shipped to NJ licensed firearms dealers. Customers should provide the CMP with copies of the dealer’s FFL and NJ State license, along with the CMP order form. This applies to all rifle orders the CMP has already received and not yet shipped. [However], New Jersey residents who visit either CMP store may purchase and pick up rifles without the necessity of going through a NJ licensed dealer.

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May 5th, 2009

ATF Reform Bill Introduced

A new bill, S. 941, has been introduced in Congress, reflecting a bipartisan effort to reform the ATF’s regulatory activities. While the bill gives the ATF new enforcement powers (other than license revocation), it also creates new protections for FFL holders. “The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Reform and Firearms Modernization Act of 2009″ (S. 941), strikes a balance between providing ATF with additional regulatory options to encourage even greater compliance 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 violations and “benign/administrative” violations and create an appeal process whereby FFLs would have cases heard before a neutral administrative law judge, rather than an ATF official. NSSF is supportive of this bill as it will help protect the rights of FFLs while giving ATF more flexibility in how they exercise their regulatory authority to encourage enhanced compliance.

This report provided by National Shooting Sports Foundation.

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