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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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January 30th, 2012

Download Free Guides to Federal and State Firearms Laws

How well do you know the key provisions of Federal firearms regulations? If you want to play the game, you better know the rules. Thankfully, you can access most important Federal firearms laws in one convenient PDF document, the Federal Firearms Regulations Reference Guide. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has collected and published key federal firearms statutes in this 242-page, downloadable Reference Guide. The actual statutes and rulings are collected in the front of the document. There is an index on page 169 that will help you get answers to specific questions. NOTE: this Reference Guide came out in 2005. If you have serious concerns about compliance with Federal law you should check with the ATF directly to obtain the latest versions of federal statutes.

Important Topics in the Q&A Section include:

  • Building of Firearm for personal use
  • Transfers of firearms
  • Out of state purchases of firearms
  • Rules for Shipment of firearms
  • Mailing firearms via U.S. Postal Service
  • Residency Rules
  • Curio and Relic Firearms
  • NFA Firearms Rules
  • FFL Sales at Gunshows
  • Special Rules for Gunsmiths, Pawn-brokers, and Auctioneers
  • Ammunition Manufacturing Rules
  • NICS Procedures

ATF Guide to State Gun Laws
Along with the Guide to Federal Regulations, the ATF offers a free downloadable guide to State Laws and Published Ordinances. The latest version we found online was the 30th Edition, drafted in 2009 and revised in 2010. This 526-page PDF guide covers all 50 states, and provides a “Ready Reference Table” to assist gun dealers and FFLs comply with all state laws when selling or transferring arms.

This is a very useful resource, but we remind all readers that they should check for updates or changes in state laws since this document was published four years ago. To aid in that task, the ATF’s State Law Guide has a complete list of state Attorneys General Offices with contact information. The ATF also provides answers to Frequently Asked Questions on its website. CLICK HERE for ATF FAQ. Other ATF Publications are available at http://www.atf.gov/publications/firearms/.

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December 20th, 2011

ATF and Industry Experts Consult on Import and Export Issues

ATF Compliance ConsultingIf you have a business that makes or sells firearms or gun parts (from triggers to barrels), you’ve probably learned that import/export regulations are complex. A thicket of federal regulation governs arms importation. And when it comes to shipping products overseas, the rules and regulations can vary from destination to destination. To help businesses comply with applicable laws on import and export, two experienced professionals now offer consulting services for the firearm industry.

Larry White — Firearms Import Specialist
After retiring from the ATF recently, 35-year veteran Larry White has established an import consulting business, Arms Trade Solutions, based in Virginia. White started his career with ATF in 1976, spending the past 19 years in the imports arena, most recently as industry liaison/analyst for the Firearms and Explosives Services Division. Larry told us that he can “handle all matters involving the ATF, with a concentration in firearms importation issues.” Larry added that he can also assist FFLs and gun-shop owners in basic issues of compliance and records maintenance. You can contact Mr. White at larrywhite [at] gmail.com, or call (703) 855-7330.

Kim Pritula — Export Sales and Compliance Specialist
Another industry veteran, Kim Pritula, now serves as president of KMP Global Consulting, which provides guidance and expertise to firearms industry companies on export compliance, export sales and ATF compliance. Pritula has more than 25 years of experience in the field, most recently serving as Sturm, Ruger’s director of export/ATF compliance and security. Based in New Hampshire, Ms. Pritula can be contacted at (603) 382-8974.

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August 31st, 2011

Todd Jones Named New Acting BATFE Director

BATFEThe Department of Justice today announced the appointment of U.S. Attorney for the District of Minnesota B. Todd Jones to serve as Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Jones will begin serving as ATF Acting Director on August 31, 2011.

A veteran of the Justice Department, Jones has served as U.S. Attorney for the District of Minnesota under two presidential administrations. He first served from 1998 to 2001. He was nominated again in 2009 by President Obama and has been in that role since being confirmed that year. During his several years as a federal prosecutor, has been the lead trial lawyer in many federal prosecutions involving drug trafficking, firearms, financial fraud and violent crime.

“As a seasoned prosecutor and former military judge advocate, U.S. Attorney Jones is a demonstrated leader who brings a wealth of experience to this position,” said Attorney General Eric Holder.

Jones Served as Lawyer in U.S. Marine Corps
Following admission to the Minnesota bar, Jones went on active duty in the U.S. Marine Corps, where he served as both a trial defense counsel and prosecutor in a number of courts martial proceedings. Jones holds a J.D. from the University of Minnesota Law School.

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August 3rd, 2011

NSSF Sues to Block ATF Multiple Sales Reporting Requirements

The National Shooting Sports Foundation (NSSF) today filed a lawsuit challenging the legal authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the Gun Control Act to compel 8,500 federally licensed firearms retailers in Arizona, California, New Mexico and Texas to report the sale of two or more rifles.

The ATF has issued new requirements, effective August 14, which would compel firearm retailers in these four states to report multiple sales of any semi-automatic rifle larger than .22 caliber and capable of accepting a detachable magazine that are purchased following an FBI background check by the same individual within five consecutive business days.

NSSF’s lawsuit, filed in the U.S. District Court for the District of Columbia, seeks an injunction to block ATF from implementing the reporting requirement. ATF has sent “demand letters” to firearms retailers in the four states to inform retailers they must begin reporting such sales by August 14.

CLICK HERE to Read the NSSF Complaint in Federal Court (NSSF v. Nelson)

NSSF Senior Vice President and General Counsel Lawrence G. Keane pointed out that if ATF can require this record-keeping and reporting requirements in these four states simply by sending a letter demanding the information, then there is no record or report ATF cannot require of any licensee, anywhere in the country, for as long as ATF wants. “This is the proverbial ‘slippery slope,’ and our industry is extremely concerned about it,” said Keane.

Keane added, “At the time Congress authorized the reporting of multiple sales of handguns, it could have required it for the sale of long guns, but it did not. Acting ATF Director Ken Melson himself has questioned ATF’s legal authority to impose this new requirement.”

Even if ATF had the legal authority to require multiple sales reporting for long guns, NSSF believes the policy would still be unwise. The NSSF suggest that illegal firearms traffickers will simply alter their schemes to avoid and evade the reporting requirement, making it more difficult for retailers to identify and report suspicious activity. For example, traffickers could simply move their illegal trafficking activities to other states where the reporting requirement does not exist.

NRA Also Files Suits Challenging ATF’s Multiple Sale Policy
Also today, the National Rifle Association filed a separate lawsuit in the U.S. District Court for the District of Columbia challenging ATF’s requirement for reporting multiple sales of rifles.

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July 19th, 2011

ATF Reports Rifle Production Down, Handgun Production Up

Americans are apparently buying more pistols but fewer rifles — that’s the trend suggested by the latest Firearms production statistics from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to the ATF’s 2010 Interim Annual Firearm Manufacturing and Export Report, U.S. firearm manufacturers produced more than 5.4 million firearms in 2010. This represented a small (2.7%) reduction in total U.S. firearm production compared to 2009. However, the really notable statistic was a dramatic 18.8% reduction in rifle production. Rifle production decreased 18.8%, while handgun production increased 14.9%. That’s a big swing. Shotgun production remained relatively steady, only dropping 1.2 percent.

Firearms Production ATF

Editor’s Comment: Since these are production numbers, not sales figures, it may be premature to say that American shooters are spending a lot less money on rifles, but we know that sales of AR-type “black rifles” are down significantly. There was a rush of AR “panic buying” after the last presidential election that was not sustained. We are also concerned that fewer young Americans are learning to shoot rifles, while the average age of target rifle shooters continues to climb. We need to expand efforts to get young people involved in rifle shooting and hunting.

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March 22nd, 2011

Brownells Announces Annual Gunsmith Career Fair Seminars

Brownells' Gunsmith Career FairThe 5th Annual Brownells Gunsmith Career Fair will feature some of the biggest names in the gun trade. These experts will share their knowledge to help budding gunsmiths learn new skills and grow their businesses. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) representatives will also be on hand to answer questions. The Gunsmith Career Fair runs April 15 and 16, 2011, at the Downtown Marriott Hotel in Des Moines, Iowa. The event is FREE to gunsmiths and exhibitors.

Wide Range of Scheduled Seminars
Seminars range from advancing your career in the gunsmithing profession to starting or expanding a gunsmithing business. View the full seminar schedule at gunsmithcareerfair.com. Scheduled Seminars are listed below:

    Seminar Title and Seminar Leader
  • Am I Gunsmithing or Manufacturing — ATF Technology Branch (4/15)
  • Alternative Careers in the Industry — Bill Gravatt, Sinclair Int’l (4/15)
  • Essential Components of a Business Plan — Tom Shay (4/15)
  • Creating Your Niche in Life — Doug Turnbull (4/15)
  • Marking Variances & When are They Required — ATF Technology Branch (4/15)
  • Finding Your Specialty in the Industry — Sharon Dressel (4/15)
  • Small Businesses Don’t Die; They Commit Suicide — Tom Shay (4/15)
  • Responsible, Professional Gunsmith Opportunities (Keynote Address) — Ron Power (4/15)
  • Professional Techniques on Gunsmithing Guns — Ron Power (4/16)
  • Creating a Great Customer Experience — Bart Miller (4/16)
  • Understanding Ballistics — Paul Dressel (4/16)
  • Communicating with the Public — Reid Coffield (4/16)

It’s Not Too Late to Register
There’s still time to register to attend or exhibit, just go to gunsmithcareerfair.com or call 641-623-5401 and ask for Stacy or Jill. Attendees and exhibitors are urged to book hotel rooms and flights early.

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February 22nd, 2011

U.S. Gun Production Rises to 5.4 Million Firearms in 2009

According to the latest Firearm Manufacturing and Export Report from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), U.S. firearm manufacturers produced more than 5.4 million firearms in 2009. That’s a big increase compared to the start of the decade in 2001, when less than 3,000,000 firearms were manufactured by U.S. companies. In recent years, production of both handguns and long guns has grown significantly, as show in the graph below, prepared by the National Shooting Sports Foundation (NSSF) based on ATF records from 1984-2009.

Firearms production chart

The ATF data (from 1984-2009) reveals some interesting trends:

  • Total firearms produced in 2009 topped 5.4 million, exceeding the previous high total in 1994.
  • Over 3,000,000 long guns were produced in 2009, the highest quantity in the past 25 years.
  • The total number of firearms sold in 2009 works out to one gun for every 57 citizens, based on the 2009 U.S. population of 305,529,237.
  • After a decade-long decline, handgun production rose dramatically from 2004-2009. If trends continue, in a few more years, pistol sales could out-number long gun sales.

NSSF research has updated its 14-page Industry Intelligence Report, titled Firearms Production in the United States, with the most recent data on U.S. production of pistols, revolvers, rifles and shotguns. Additional updated data found in this report include: Annual Survey of Manufacturers figures and U.S. International Trade Commission firearm import and export figures. The report is available for free to NSSF members by logging into the members section of the NSSF website, clicking “NSSF Industry Research” and then clicking “Industry Intelligence Reports.” For more information, log on to www.nssf.org.

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February 12th, 2011

ATF Seeks to Impose Long Gun Reporting in Border States

BATFE ATF logoIf you’re one of the nearly 71 million Americans who live in the four southwest border states, some of your gun purchases may soon be reported to the federal government. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seeks to require all of the 8,500 firearm dealers in California, Arizona, New Mexico and Texas to report all sales of two or more semiautomatic rifles within five consecutive business days, if the rifles are larger than .22 caliber and use detachable magazines. For example, a dealer would have to tell the government every time a deer hunter in Phoenix or Houston finds a good deal on a pair of semi-auto .223s or .30-06s.

The NRA states: “The ATF has no legal authority to demand these reports, and the flood of new paperwork will waste scarce law enforcement resources that should be spent on legitimate investigations. Every concerned gun owner’s voice should be heard on this critically important issue.”

Unfortunately, there are only a few days left to comment on this proposal. Comments will be accepted until Monday, February 14.

To read the ATF proposal, CLICK HERE. | To read the NRA’s comments, CLICK HERE.

If you comment on the ATF long-gun registration proposal, be sure to cite the Dec. 17, 2010 “Notice of Information Collection Under Review: Report of Multiple Sale or Other Disposition of Certain Rifles.”

Submit Comments to:

OMB
Office of Information & Reg. Affairs
Attention: Dept. of Justice Desk Officer
Washington, DC 20503

Send a copy of your comments to:

Barbara A. Terrell
Barbara.Terrell@atf.gov
Fax: (202) 648–9640
Firearms Industry Programs Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
99 New York Avenue, N.E.
Washington, DC 20226.

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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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