The 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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The data-packed July issue of Shooting Industry magazine reveals key gun industry metrics — such as background checks, financial results from publicly-traded gun-makers, and the latest U.S. firearms manufacturing production data. The annual U.S. Firearms Today Report presents a comprehensive review of gun industry activity, including data on firearm production by caliber, shifts in export/import totals and the top 25 U.S. firearm manufacturers from 2015 (the latest data available).
As indicated by the ATF’s 2015 Annual Firearms Manufacturing and Export, the industry rebounded across several categories after a challenging 2014. Total firearms production increased from 8,692,461 in 2014 to 8,911,530 in 2015, growth of 2.5 percent. For the eighth year in a row, Ruger was the top overall U.S. firearms manufacturer with 1,667,820 firearms produced in 2015, while Smith & Wesson and Remington were the leading handgun and long-gun manufacturers, respectively. One notable trend is that Savage Arms significantly increased its production output compared to other leading rifle-makers.
Here are the top three rifle makers in 2015 with percentage change from 2014:
Gun Sales Trends in 2017 Compared to 2015
The Firearms Today Report reports that, contrary to some perceptions, gun sales remain strong: “Comparing the first five months of 2017 to 2015 (which was the second-largest year for U.S. firearms manufacturing), the industry is performing well. NICS background checks increased by 6.7 percent (from 5,427,494 to 5,793,571) from January through May 2017 compared to the corresponding months in 2015.”
The lastest issue of Shooting Industry (and all 2017 and 2016 monthly issues) can be accessed in their entirety online at www.shootingindustry.com/digital-version. CLICK HERE for July 2017 Digital Edition.
Story Lead from EdLongrange. We welcome reader submissions.
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In the near future, there could be changes in the way the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) treats sound suppressors (aka “moderators” or “silencers”). An official government White Paper, dated 1/20/17, was recently leaked to the press and revealed by the Washington Post.
The ATF White Paper makes some key points about suppressors:
1. 42 States currently allow silencers.
2. Silencers are not a threat to public safety, and are rarely used in criminal activities.
3. The inclusion of suppressors in the NFA is “archaic” and should be reevaluated.
4. The definition of regulated suppressor components should be narrowed, so that only key items are regulated as opposed to “any combination of [silencer] parts”.
5. A change in Federal law removing silencers from regulation under the NFA would save resources, allowing the ATF to focus on reducing actual gun-related crime.
Here is the operative text of the ATF White Paper:
Current Federal law requires ATF to regulate silencers under the NFA. This requires a Federal tax payment of $200 for transfers, ATF approval, and entry of the silencer into a national NFA database. In the past several years, opinions about silencers have changed across the United States. Their use to reduce noise at shooting ranges and applications within the sporting and hunting industry are now well recognized.
At present, 42 states generally allow silencers to be used for sporting purposes. The wide acceptance of silencers and corresponding changes in state laws have created substantial demand across the country. This surge in demand has caused ATF to have a significant backlog on silencer applications. ATF’s processing time is now approximately 8 months. ATF has devoted substantial resources in attempts to reduce processing times, spending over $1 million annually in overtime and temporary duty expenses, and dedicating over 33 additional full-time and contract positions since 2011 to support NFA processing. Despite these efforts, NFA processing times are widely viewed by applicants and the industry as far too long, resulting in numerous complaints to Congress. Since silencers account for the vast majority of NFA applications, the most direct way to reduce processing times is to reduce the number of silencer applications. In light of the expanding demand and acceptance of silencers, however, that volume is unlikely to diminish unless they are removed from the NFA. While DOJ and ATF have historically not supported removal of items from the NFA, the change in public acceptance of silencers arguably indicates that the reason for their inclusion in the NFA is archaic and historical reluctance to removing them from the NFA should be reevaluated.
ATF’s experience with the criminal use of silencers also supports reassessing their inclusion in the NFA. On average in the past 10 years, ATF has only recommended 44 defendants a year for prosecution on silencer-related violations; of those, only approximately 6 of the defendants had prior felony convictions. Moreover, consistent with this low number of prosecution referrals, silencers are very rarely used in criminal shootings. Given the lack of criminality associated with silencers, it is reasonable to conclude that they should not be viewed as a threat to public safety necessitating NFA classification, and should be considered for reclassification under the [Gun Control Act] (GCA].
If such a change were to be considered, a revision in the definition of a silencer would be important. The current definition of a silencer extends to “any combination of [silencer] parts”, as well as “any part intended only for use in” a silencer. Compared to the definition of a firearm, which specifies the frame or receiver is the key regulated part, any individual silencer part is generally regulated just as if it were a completed silencer. Revising the definition could eliminate many of the current issues encountered by silencer manufacturers and their parts suppliers. Specifically, clarifying when a part or combination of parts meets a minimum threshold requiring serialization would be useful.
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By Bill Brassard for NSSF
‘Tis the season of gift-giving (and Christmas Day is almost here). As hunters, shooters, collectors or just plain plinkers, it’s a natural instinct to want to share our enjoyment of firearms with others. What better way to do that than to make a gift of a firearm to a family member, close friend or relative?
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
Though there’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state, some states (such as California) require you to transfer the gun through a local firearms dealer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun.
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say your father, consider instead purchasing a gift certificate from that retailer and giving it to Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase.
You can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms.
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even inter-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.
About the National Shooting Sports Foundation
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 6,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, log on to www.nssf.org.
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The Legal Brief is a feature of TheGuncollective.com that focuses on firearms rules and regulations. In this Legal Brief video, Attorney Adam Kraut explains key State and Federal regulations governing firearms, and explains how to ensure compliance with all applicable laws.
This five-minute video explains barrel length rules for rifles and shotguns, and also explains the best (and most fool-proof) methods to measure your barrel. In addition, the video explains how to measure firearm overall length. A rifle or shotgun which is less than 26 inches overall can also be classified as a “Short-barreled” rifle/shotgun subject to the NFA. NOTE: Under federal law “If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock EXTENDED”.
Highlights of LEGAL BRIEF Discussion of Barrel Length and Firearm Overall Length
The ATF procedure to measure the length of a barrel is to measure from the closed bolt or breech face to the furthest end of the barrel or permanently attached muzzle device. ATF considers a muzzle device that has been permanently attached to be part of the barrel and therefore counts towards the length.
How to Measure Barrel Length: Drop [a] dowel or rod into the barrel until it touches the bolt or breech face, which has to be closed. Mark the outside of the rod at the end of the muzzle crown (if you don’t have a permanently attached muzzle device) or at the end of the muzzle device if it is permanently attached. Remove the rod and measure from the mark to the end of the rod. That is your barrel length[.]
Remember, if the barrel length is less than 16 inches, it is possible that the firearm could be a short barrel rifle (if you are building a rifle or it is already on a rifle) and if the barrel length is less than 18 inches, it is possible the firearm could be a short barrel shotgun (again if you are building a shotgun or it is already a shotgun). Both of these firearms would be subject to the purview of the National Firearms Act and would require the firearm to be registered accordingly.
How to Measure Overall Length:The overall length of your rifle or shotgun may also classify it as a Short Barrel Rifle or Short Barrel Shotgun. The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore. … If the rifle has a permanently attached muzzle device, that is part of the overall length. … If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock extended.
There has been a hue and cry on some internet sites about changes in smokeless powder classifications by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Writers have been concerned that recent interpretations by the ATF would make it much more difficult to store and transport reloading powders, which in turn could lead to price increases and/or powder shortages. Concern arose over the potential re-classification of “wetted” Nitrocellulose as a “high explosive”. Since “high explosives” are subject to more stringent rules, such re-classification would alter the way common smokeless propellants could be lawfully stored and transported.
Thankfully, there is good news. On August 31st the ATF issued an Addendum to its June 16 ATF Explosives Industry Newsletter saying that its policies regarding smokeless powders containing Nitrocellulose will not change… at least for now:
Based on this “Addendum”, it seems the ATF has tabled its proposal to classify Nitrocellulose-based smokeless powders as “high explosives”.
The NRA Institute for Legislative Action (NRA ILA) confirms that the ATF has backed off, so that current practices for powder storage and transport can continue unchanged. Thus hand-loaders should NOT face an impending powder shortage and/or price hikes. Here is the NRA ILA’s report:
ATF Delays Any Changes to Nitrocellulose Regulation
Earlier this summer, ATF released an Explosives Industry Newsletter that changed the agency’s treatment of nitrocellulose, the primary component in smokeless powders used in modern ammunition. This change had the potential to seriously disrupt ammunition supply in the United States because it changed a long-standing ATF policy that exempted properly “wetted” nitrocellulose from treatment as an explosive under federal law.
NRA and [shooting industry representatives] raised these concerns to ATF and any change in ATF’s treatment of nitrocellulose is now officially delayed. In an addendum to the earlier newsletter, ATF announced that it “will conduct further industry outreach concerning wetted Nitrocellulose. In the interim, previously authorized industry practices concerning wetted Nitrocellulose will NOT be affected.”
While the addendum doesn’t indicate that ATF has permanently abandoned this change to nitrocellulose regulation, smokeless powder manufacturers will be permitted to continue normal operation, at least for the time being. NRA will continue to work to ensure that any future change to nitrocellulose regulation will not affect ammunition supply.
ATF Industry Newsletter Caused Concern
The cause for firearms industry concern was the ATF’s statement about Nitrocellulose published in the June 2016 ATF Explosives Industry Newsletter. The key language is shown in the right column below. According to the NRA ILA, the ATF has, at least for the time being, decided NOT to change its policies regarding the storage and transport of “wetted” Nitrocellulose. Accordingly, “smokeless powder manufacturers will be permitted to continue normal operation”.
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Guns and more guns — over 12.25 million guns* were added to U.S. private inventories in 2014 based on reports from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In 2014, 9,050,626 firearms were manufactured in the USA, while 3,625,268 firearms were imported and 420,932 firearms were exported. The total of guns made and imported in 2014 (minus guns exported that year) works out to 12,254,962 firearms, bringing the total U.S. cumulative stock to over 375 million! Yes that means there were over 375 million firearms in the USA as of the end of 2014. That’s more than one gun for every man, woman, and child in the country. And a lot more were added in 2015…
While the number of guns added in 2014 was impressive, it appears that the number of guns added last year (2015) may exceed the 2014 figures, breaking all-time records.
Dean Weingarten explains: “You see, 2015 was a record year for NICS checks, at 23,141,970. It will take another year before we find out if the number of firearms added to the private stock exceeded the record set in 2013, of 16.031 million. I expect that another 13.422 million will have been added in 2015, but it could be as high as 17.588 million, based on the 2013 ratio of NICS checks to firearms added.”
“The number of NICS checks for 2014 was 20.969 million, slightly lower than in 2013, which was 21.094 million (rounded to the nearest thousand). Many NICS checks are used to purchase firearms that are already in the private stock; a fair number are used for background checks on carry permits; and more than one firearm may be purchased with a single background check.”
*This 2014 firearms total includes rifles, shotguns, handguns and others, “others” being mostly receivers that might become either rifles or handguns when finished. It does not include firearms produced for the military services.
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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued updated regulations regarding firearms lost or stolen in transit. The new standards require FFLs to report in-transit theft or loss of firearms within 48 hours of discovery. Each licensee shall report the theft or loss by telephoning ATF at 1–888-930–9275, and by preparing and submitting ATF Form 3310.11. The disposition entry should indicate whether the incident is a theft or loss, the ATF-Issued Incident Number, and the Incident Number provided by the local law enforcement agency. If any of the firearms are later located, they should be re-entered into the A&D Record as an acquisition entry. A comprehensive, 12-page discussion of the new rule, which went into effect on February, 11, 2016, is set forth in the Federal Register.
The BATF has provided compliance instructions on its website. The NSSF anticipates these instructions will be updated in the near future to reflect the new regulations. In the meantime, we suggest that FFLs read the Rule Change Notice in the Federal Register.
Official Summary of Rule Change for Firearms Lost or Stolen in Transit
SUMMARY: The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning the statutory reporting requirement for firearms that have been stolen or lost. The final rule specifies that when a Federal Firearms Licensee (FFL) discovers a firearm it shipped was stolen or lost in transit, the transferor/sender FFL must report the theft or loss to ATF and to the appropriate local authorities within 48 hours of discovery. The rule also reduces an FFL’s reporting burden when a theft or loss involves a firearm registered under the National Firearms Act (NFA) and ensures consistent reporting to ATF’s NFA Branch.
In addition, the rule specifies that transferor/sender FFLs must reflect the theft or loss of a firearm as a disposition entry in their required records not later than 7 days following discovery of the theft or loss; moreover, if an FFL reported the theft or loss of a firearm and later discovers its whereabouts, the FFL must advise ATF that the firearm has been located and must re-enter the firearm into its required records as an acquisition or disposition entry as appropriate.
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New legislation by Congressman Matt Salmon* (R-AZ) would make it much easier to purchase a suppressor (aka “silencer” or “sound moderator”) for use with firearms. The new Hearing Protection Act (HPA), H.R. 3799, will remove suppressors from the purview of the National Firearms Act (NFA), replacing the current burdensome federal transfer process with a standard NICS background check. Under the proposed law, acquiring a suppressor would be like purchasing a firearm — you would obtain the suppressor from an FFL dealer after passing a background check. There would still be a background check, but suppressor purchasers would no longer be required to fill out extensive paperwork, be fingerprinted, and pay for a $200.00 tax stamp. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.
Many older hunters and sport shooters suffer from hearing loss. Greater access to suppressors would help prevent that health problem. “Suppressors significantly reduce the chance of hearing loss for anyone who enjoys the shooting sports,” said Chris Cox, executive director of NRA’s Institute for Legislative Action. On average, suppressors reduce the noise of a gunshot by 20 – 35 decibels (dB), roughly the same sound reduction as earplugs or earmuffs. In addition to hearing protection, suppressors also mitigate noise complaints from those who live near shooting ranges and hunting lands.
Because suppressors safeguard hearing and reduce “noise pollution”, suppressors are widely used in many countries, including the United Kingdom. In most parts of Europe, suppressors are readily available at reasonable cost. According to the NRA-ILA, “Many European nations place no regulations on [suppressor] acquisition or use.” In the “enlightened” European view, sound moderators are considered a “good thing”. Is it time for the USA to change its laws?
It’s Time to Remove Unnecessary Burdens to Suppressor Ownership
Suppressors have been federally regulated since the passage of the National Firearms Act of 1934. The NFA regulates the transfer and possession of certain types of firearms and devices, including suppressors. Currently, prospective buyers must send in a Form 4 application to the ATF, pay a $200 transfer tax per suppressor, undergo the same background check that is required to purchase a machine gun, get a “CLEO Signoff”, and wait months for the ATF to process and approve the paperwork.
The American Suppressor Association (ASA) states that: “[The] Hearing Protection Act will fix the flawed federal treatment of suppressors, making it easier for hunters and sportsmen to protect their hearing in the 41 states where private suppressor ownership is currently legal, and the 37 states where hunting with a suppressor is legal. This legislation will remove suppressors from the onerous requirements of the NFA, and instead require purchasers to pass an instant NICS check, the same background check that is used during the sale of long guns.”
There has been a huge growth in the number of registered suppressors in the USA. From 2014 to 2015, the number of NFA-registered suppressors rose from 571,150 to 792,282. That’s a 39% increase in just one year! It’s remarkable that there are nearly 800,000 suppressors now registered in the USA. These stats are based on data published in the latest Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Firearms Commerce Report.
*Joining Rep. Matt Salmon as co-sponsors of H.R. 3799, the Hearing Protection Act (HPA), are ten other U.S. Representatives: Frank Guinta (R-NH), John Carter (R-TX), Mike Kelly (R-PA), Chris Collins (R-NY), Glenn Thompson (R-PA), Tim Huelskamp (R-KS), Trent Franks (R-AZ), Mia Love (R-UT), Doug LaMalfa (R-CA), and Chris Stewart (R-UT).
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There has been a huge growth in the number of registered suppressors in the USA. From 2014 to 2015, the number of NFA-registered suppressors rose from 571,150 to 792,282. That’s a 39% increase in just one year! It’s remarkable that there are nearly 800,000 suppressors now registered in the USA. These stats are based on data published in the latest Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Firearms Commerce Report.
According to Knox Williams, president of the American Suppressor Association, “The suppressor market grew more [from 2014-2015] than it did in the previous two years combined. This unprecedented growth is in large part due to educational initiatives, and the passage of 11 pro-suppressor laws and regulations last year.” (Source: Guns.com.)
We expect suppressors (also known as “cans”, “silencers” or “sound moderators”) to become even more popular in the years to come. This trend will continue: “As more target shooters and hunters realize the many benefits suppressors provide, their popularity across the United States will continue to increase,” said NSSF Senior Vice president and General Counsel Larry Keane.
Texas Leads the Way in Suppressor Ownership
Currently, 41 states permit ownership of Federally-registered suppressors. While suppressor ownership rates are increasing in all those 41 states, forty percent (40%) of all registered suppressors are found in five key states: Texas (130,769), Georgia (59,942), Florida (50,422), Utah (50,291) and Oklahoma (27,874).
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.”
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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Count this as a small victory for gun owners — the ATF’s proposed ban on “Green Tip” M855 ammo has been taken off the table — for now at least. The Federal Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) announced that it will rethink its proposed ban on commonplace 5.56x45mm M855 “green tip” ammunition. ATF has shelved the M855 ban for the time being while it reviews the 80,000+ comments it has received on the issue. The Shooting Wire noted that: “In addition to those 80,000 comments from average citizens, letters from both houses of Congress warned the ATF [that its] proposal was…a violation of law as Congress had exempted M855 from armor piercing classification because of its widespread use for recreational and competition shooting.” Though the matter is “off the table” for now, ATF will continue to accept comments through March 16, 2015.
ATF Statement Regard Proposed M855 Ban
“Thank you for your interest in ATF’s proposed framework for determining whether certain projectiles are ‘primarily intended for sporting purposes’ within the meaning of 18 U.S.C. 921(a)(17)(C). The informal comment period will close on Monday, March 16, 2015. ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable. Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.”
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The 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:
The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the 
ATF Statement Regard Proposed M855 Ban
