Good News for Gunsmiths — Major ITAR Changes Coming

This is good news for gunsmiths and small manufacturers who have been threatened by onerous regulations (and huge fees), under ITAR. With a Republican President in the White House, it looks like the Departments of Commerce and State are moving towards removing common gunsmithing activities (such as threading barrels or fitting brakes) that were potentially under the purview of ITAR. In addition, possible Federal rule changes would broadly move firearms and ammunition out from ITAR regulation. Generally speaking, it appears that the proposed rule changes will make Federal law more tolerant, so that producers of small firearms accessory parts would no longer have to register as ITAR manufacturers (with hefty annual fees).

As part of the Export Control Reform (ECR) initiative and ahead of expected publication in the Federal Register this week, the Departments of Commerce and State have posted the new proposed rules transitioning export licensing of sporting and commercial firearms and ammunition from the ITAR-controlled U.S. Munitions List (USML) to the EAR-controlled Commerce Control List. Thus, items removed from the USML would become subject to the Export Administration Regulations (EAR).

The NSSF states: “The new proposed rules represent significant change in the regulations controlling exports of our products, and all exporters need to review these important proposed rules.

NSSF is preparing comments on the rules for formal submission. We will be sending out a recap of the changes in the next few days. Please make sure all your export specialists have a chance to review and provide comments. NSSF will be drafting a comments letter for both rules based on this review.”

If you have points that you would like to see included, please email Kim Pritula (kpritula@comcast.net) and Elizabeth McGuigan (emcguigan@nssf.org).

Access New Proposed Federal Rules HERE:

Department of Commerce (click to view)

SUMMARY: This proposed rule describes how articles the President determines no longer warrant control under United States Munitions List (USML) Category I – Firearms, Close Assault Weapons and Combat Shotguns; Category II – Guns and Armament; and Category III – Ammunition/Ordnance would be controlled under the Commerce Control List (CCL). This proposed rule is being published simultaneously with a proposed rule by the Department of State that would revise Categories I, II, and III of the USML to describe more precisely the articles warranting continued control on that list.

Department of State (click to view)

SUMMARY: The Department of State (the Department) proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories I (firearms, close assault weapons and combat shotguns), II (guns and armament) and III (ammunition and ordnance) of the U.S. Munitions List (USML) to describe more precisely the articles warranting export and temporary import control on the USML. Items removed from the USML would become subject to the Export Administration Regulations (EAR).