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September 2nd, 2016
Smokeless Powder Photo courtesy GunsAmerica.com, Reloading Powder Feature.
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”.
March 20th, 2016
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.”
Story based on report ©2016 by Dean Weingarten: Permission to share is granted when this notice is included. For more information: Link to Gun Watch.
*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.
February 21st, 2016
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.
October 24th, 2015
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).
August 9th, 2015
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).
Suppressor CAD drawing by Reimo Soosaar, hosted on GrabCAD.com.
Silencer infographic by SilencerCo.com.
April 8th, 2015
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.
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.”
March 11th, 2015
Photo courtesy NSSF.
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.”
January 3rd, 2015
Many of us would like to outfit one (or more) of our rifles with a suppressor, but the cost and red tape involved can be daunting. Some states prohibit private individuals from owning suppressors. However, most U.S. states DO allow suppressor ownership. That’s the good news. On the other hand, suppressors are not inexpensive and the process of obtaining governmental approval is time-consuming. Then there is the cost of the tax stamp itself — $200.00 for each silencer you own.
Nonetheless, suppressors are fun, and they serve an important function. Along with protecting your hearing, suppressors can tame recoil and dramatically reduce muzzle flash. Noise reduction of up to 35 decibels is possible with a .223 Rem. When shooting any firearm, you should still wear hearing protection of course, but suppressors can help reduce the risk of permanent hearing damage.
Benefits of a Suppressor — Why Suppressors Make Sense:
Is It Legal For You To Own A Silencer?
The vast majority of the 50 states permit citizens to own silencers. Currently, the following states allow private ownership of suppressors: AL, AR, AK, AZ, CO, CT, FL, GA, ID, IN, KS, KY, LA, ME, MD, MI, MO, MS, MT, ND, NE, NV, NH, NM, NC, OH, OK, OR, PA, SC, SD, TN, TX, UT, VA, WA, WI, WV, and WY. Even if you live in one of these states, you should verify that owning a suppressor is legal in your city/county.
If you live in a state where suppressor ownership is legal, and you can legally own a firearm, then you can buy a suppressor. However, you need to obtain ATF permission and pay a tax.
If you are interested in getting a suppressor, thankfully there is a source that can help you select the right product, and fill out all the paperwork required. The Silencer Shop specializes in sound moderators for pistols, rimfire rifles, centerfire rifles, and yes, even shotguns. The Silencer Shop maintains a large selection of suppressors for sale, and the shop can guide you through the NFA permitting process from start to finish.
How to Buy a Silencer, Part One:
Based on hundreds of successful applications for its customers, the Silencer Shop has streamlined the National Firearms Act (NFA) Registration process for suppressor ownership. Having submitted more silencer NFA Forms than any other dealer, these guys know the ropes: “We’re at the leading edge of making the NFA process as fast and easy as possible. From our famous ‘Black Packets’ to the latest electronic submissions and Silencer Shop Direct, we have a history of innovation in this area”. The Silencer Shop also works with knowledgeable attorneys who can help you set up an NFA trust to own suppressors and other NFA items. CLICK HERE to Learn How to Register a Suppressor to a Trust.
September 25th, 2014
“How do silencers work?” We hear that question often. Now, thanks to Silencerco.com, we can answer that question. Here’s a helpful infographic that illustrates the features of a suppressor (aka “silencer”, “can”, or “sound moderator”). Silencers reduce gunshot noise by providing a contained space where hot gases can dissipate and cool before exiting. Silencers are typically divided into multiple, internal expansion chambers. A quality suppressor can reduce gunshot noise by 30 decibels (db) or more. See the chart for comparative firearm noise levels (suppressed vs. un-suppressed).
In the United States, suppressors have become much more popular in recent years. In fact, the number of licensed silencers has doubled since 2011. Over 571,750 suppressors are now lawfully registered in the USA. Firearm sound moderators can now be purchased legally in 39 states, provided one obtains the requisite Federal tax stamp. (Texas is the leading suppressor state.) Seven European countries also allow suppressor ownership.
CLICK IMAGE to Load Larger Version.
 Suppressors Featured in Modern Shooter
Legal for private ownership in 39 states, suppressors are more popular than ever (though many gun owners are still not aware that silencers can be acquired without much difficulty). The Fall 2014 issue of Modern Shooter focuses on the popularity of today’s suppressors and sound-moderating technology available for handguns, rifles, and shotguns. This entire issue is dedicated to suppressors and their benefits. This comprehensive guide explains how suppressors work and how gun owners can easily (and lawfully) purchase them. The issue includes a detailed history of the suppressor, which was first patented in 1909 by the son of the inventor of the machine gun. There is also a feature story on hunting with suppressors in Europe. Modern Shooter is available on newsstands and as a digital download at GunDigestStore.com.
September 16th, 2014
 On the NRA’s American Rifleman website you’ll find a helpful article that provides basic tips on avoiding legal entanglements when traveling from state to state with firearms in your vehicle. The basic advice is to plan out your trip in advance, researching all state and local laws that will apply. This can be a daunting task, but a Federal law, the Firearms Owners’ Protection Act (FOPA) does provide some protection for travelers.
According to the NRA: “FOPA shields you from local restrictions if you’re transporting firearms for lawful purposes. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console.”
The NRA cautions that: “Laws vary place-to-place, and if you do anything other than pass through a state, you must obey all local laws. This is especially true when you are carrying a loaded firearm in your vehicle or on your person. There’s no shortcut here. You need to map out your trip state-by-state to be sure you stay legal during your trip.”
Resources for Travelers
The American Rifleman article also lists useful print and online resources you can consult to learn more about laws that apply when traveling with firearms:
Guide to the Interstate Transportation of Firearms (From NRA ILA.)
Federal Firearms Regulations Reference Guide (BATFE publication.)
BATFE’s State Laws and Published Ordinances — Firearms, 2010-2011
BATFE’s Answers To Frequently Asked Questions
State Gun Laws at a Glance (Includes interactive chart with info on state laws.)
State-by-State Handgun Laws (Website summarizes laws by state.)
The Traveler’s Guide to the Firearm Laws of the Fifty States (Printed handbook.)
Chrysler’s Outdoorsman Series Trucks offer an optional “RamBox” with locked rifle storage.
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