GunsAmerica Digest has a new Suppressor Academy webpage that provides host of helpful information about suppressors (aka “silencers” and “cans”). The Suppressor Academy online resource page features in-depth articles with important information for anyone considering acquiring a suppressor. The articles explain the key benefits of suppressors, how to choose a suppressor, and how to comply with Federal and state laws regulating suppressors. Below we link to four Suppressor Academy articles. Click the title for each topic to read the full-length article.
Suppressors are now legal in 42 U.S. States. There are certain legal requirements for obtaining a suppressor, including paying a $200 Tax Stamp. To own a suppressor you must be legally eligible to purchase a firearm, pass a BATFE background check, pay a one time $200 Transfer Tax, and satisfy age requirements. (SEE ALL Requirements). In most (but not all) of those states you can use a suppressor for hunting. The eight (mostly blue) states which still prohibit civilian suppressor ownership are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. READ FULL ARTICLE on GunsAmerica Digest.
Suppressors serve one main purposes — to reduce the sound levels produced when firing pistol or rifle rounds. But GunsAmerica Digest editor True Pearce notes there are many other reasons to own a suppressor. A suppressor can reduce muzzle blast and felt recoil. The suppressor may prevent hearing damage that occurs through bone conduction better than earplugs and muffs because it reduces the noise energy at the source. When hunting, the reduced shot noise can help avoid spooking game. Having a suppressor also makes it easier to communicate when working as a team on a hunt. And, when compared to a muzzle BRAKE, suppressors are much less likely to kick up dust, dirt, sand, and snow when you shoot prone. READ FULL ARTICLE on GunsAmerica Digest.
There is some confusion surrounding the laws concerning suppressors, which are now legal in 42 U.S. States. In most jurisdictions that allow suppressor ownership, no additional state permit or license is required. But you do have to comply with Federal requirements when acquiring the suppressor. You may wish to create a trust to own the suppressor — there are some important practical advantages to having a suppressor trust. The Traditional NFA Gun Trust allows multiple responsible parties, i.e. “trustees”, to legally have possession of the suppressor. Each trustee must be verified and for each suppressor owned by the trust there will be a $200 Tax Stamp. READ FULL ARTICLE on GunsAmerica Digest.
When shopping for a suppressor there are many factors to consider: price, build quality, materials, sound level reduction effectiveness, weight, ease of mounting, and ease of cleaning and maintenance. We recommend that all suppressor buyers research the options. Check the manufacturer’s reputation, check diagrams for disassembly and maintenance. There are always trade-offs. Shorter suppressors may save some weight, but if they don’t cut the decibels as well you may be disappointed. You also need to consider the caliber — will your suppressor be used on multiple firearms? If so then get one that fits the largest caliber you will shoot. READ FULL ARTICLE on GunsAmerica Digest.
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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.
Based on discussions with ATF representatives at SHOT Show 2023, it appears there are now over 3,600,000 registered suppressors (silencers), in the USA. Gun Journalist Dean Weingarten reports: “The total number of silencer tax stamps in existence in the USA as of 2019 was 2,042,719. The total number of silencer tax stamps existent in the USA as of 2020 was 2,664,774. The increase was 622,055 from 2019 to 2020. The number of legal silencers in the United States has not been updated since 2020. It is now 2023. When this correspondent asked representatives at the briefing if the numbers presented represented about a one million increase in legal silencers from 2020 to the end of 2022, they stated the number was reasonably correct.” That would mean the number of legal silencers/suppressors in the United States now exceeds 3.6 million in year 2023.
Procedure for Obtaining a Suppressor
Suppressors are now legal in 42 U.S. States. There are certain legal requirements for obtaining a suppressor, including paying a $200 Tax Stamp. To own a suppressor you must be legally eligible to purchase a firearm, pass a BATFE background check, pay a one time $200 Transfer Tax, and satisfy age requirements. (SEE ALL Requirements). In most (but not all) of those states you can use a suppressor for hunting. The eight (mostly blue) states which still prohibit civilian suppressor ownership are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. READ FULL ARTICLE on GunsAmerica Digest.
Expect Delays on Form 4 Request for Suppressor Permits
An ATF presentation at SHOT Show showed how many NFA applications were processed in the last three fiscal years up to September 30, 2022. The vast majority of these applications were for suppressors, using ATF Form 4.
This huge increase in NFA Form 4 applications for suppressors means that suppressor applicants can expect very significant delays in processing. An ATF slide show indicated that the ATF’s Form 4 processing now takes an average of 270 days for the eForm, and a full 315 days for paper forms. That’s over 10 months!
Dean Weingarten observed: “The presentation made a good case the NFA division of the ATF is overwhelmed with NFA applications, leading to significant wait times to process those applications. The NFA division is experiencing considerable stress in processing NFA forms expeditiously, especially Form 4s. The ATF does not receive the $200 tax for NFA applications. The money goes directly to the general fund. Therefore, the NFA cannot hire more people to process more forms.”
It appears that, under pressure from Democratic politicians and anti-gun lobbying groups, FedEx and UPS are now providing confidential information to the ATF and other Federal government organizations. There are suggestions that FedEx and UPS are recording shipping data, and also may be monitoring the contents of shipping packages. UPS has adopted rules that require gun stores to provide customer data and even make invoices. Likewise FedEx is asking gun shops to retain customer/content descriptions. The result of the these policy changes could be to “create a database of American gun purchasers”. That is a de facto gun registry, something that is forbidden under Federal Law.
Watch this video for details of new FedEx and UPS gun shipping policies:
The anti-gun polices were, apparently adopted in responses to threatening letters from Democratic Party U.S. Senators including Edward Markey, Dick Blumenthal, Cory Booker, Dianne Feinstein, and Chris Murphy.
“UPS has since adopted new regulations that require gun companies to turn over customer data and allow UPS access to review and examine the shipper’s books and records and provide UPS with invoices for any firearms-related products. All coincidental, of course. This new policy gives UPS the unlimited power and discretion to examine and review any customer documents related to firearms sales.
FedEx now apparently demands that gun store owners retain documents about what specific items those shipments contain and make that information available to FedEx upon request. This would allow these companies to create a database of American gun purchasers and determine exactly what items they purchased.
Recently reported by AmmoLand News, UPS changed its policy surrounding unfinished frames and receivers and even told customers that if it found any packages containing the targeted items, or what the Biden Administration calls ‘ghost guns’, their accounts would be canceled, and the items destroyed.”
18 State Attorneys General Challenge New FedEx and UPS Policies
To counter these policy changes by FedEx, 18 state Attorneys General have sent letters to FedEx and UPS top executives. The letter from the Montana A.G. Austin Knudsen to FedEx asks whether information about gun owners is being provided to Federal agencies:
“FedEx now apparently demands that gun store owners retain documents about what specific items those shipments contain and make that information available to FedEx upon request. These demands, in tandem, allow FedEx to create a database of American gun purchasers and determine exactly what items they purchased.
Perhaps most concerning, your policies allegedly allow FedEx to ‘comply with …requests from applicable law enforcement or other governmental authorities’ even when those requests are ‘inconsistent or contrary to any applicable law, rule, regulation, or order’. In doing so you — perhaps inadvertently — give federal agencies a workaround to federal law, which has long prevented federal agencies from using gun sales to create gun registries.”
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Montana Attorney General Knudsen Leads 18-State Effort Calling On UPS And FedEx To Clarify Gun-Purchase Tracking Polices
Seventeen state Attorneys General joined Montana Attorney General Austin Knudsen today in asking major shipping companies to clarify new policies that allow them to track firearm sales with unprecedented specificity and bypass warrant requirements to share that information with federal agencies.
Reports from Montana federal firearm license (FFL) holders made to Attorney General Knudsen’s office indicate that UPS and FedEx are now burdening them by requiring them to ship separately and track firearms, firearms parts, and firearm products so gun purchases can be tracked and retain documents about what specific items those shipments contain and make that information available to the companies upon request.
Knudsen and the coalition of attorneys general sent letters on November 29, 2022 to leadership at both companies requesting additional information on their new policies and the possibility that the effort was coordinated in part with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“These demands, in tandem, allow [UPS/FedEx] to create a database of American gun purchasers and determine exactly what items they purchased… In doing so you, perhaps inadvertently, give federal agencies a workaround to normal warrant requirements. This allows [UPS/FedEx] to provide information at will or upon request to federal agencies—information detailing which Americans are buying what guns,” Attorney General Knudsen’s letters state. “Additionally, we recommend that you consider taking actions to limit potential liability moving forward, including the immediate cessation of any existing warrantless information sharing with federal agencies about gun shipments.”
In addition to requesting updated FFL-related shipping policies from the two companies, Attorney General Knudsen asked them to clarify the following:
Did UPS/FedEx enact these policies with the goal of information sharing with the ATF or any other federal agency;
Did UPS/FedEx enact these policies at the request of officials in ATF, a different federal agency, or on its own initiative;
If UPS/FedEx implemented these policies at the request of a federal agency, please identify that agency, the officials who made that request, the nature of that communication, and any legal authorization cited by those officials;
If UPS/FedEx changed its policies on its own initiative, please explain why it made those changes;
Did UPS/FedEx communicate or coordinate with each other in making these changes;
Did ATF or other federal agency employees help draft the updated shipping agreements?
Montana Attorney General Austin Knudsen led the effort. In addition, Attorneys General from Alabama, Alaska, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming signed one or both letters.
GunsAmerica Digest has a new Suppressor Academy webpage that provides host of helpful information about suppressors (aka “silencers” and “cans”). The Suppressor Academy online resource page features in-depth articles with important information for anyone considering acquiring a suppressor. The articles explain the key benefits of suppressors, how to choose a suppressor, and how to comply with Federal and state laws regulating suppressors. Below we link to four Suppressor Academy articles. Click the title for each topic to read the full-length article.
Suppressors are now legal in 42 U.S. States. There are certain legal requirements for obtaining a suppressor, including paying a $200 Tax Stamp. To own a suppressor you must be legally eligible to purchase a firearm, pass a BATFE background check, pay a one time $200 Transfer Tax, and satisfy age requirements. (SEE ALL Requirements). In most (but not all) of those states you can use a suppressor for hunting. The eight (mostly blue) states which still prohibit civilian suppressor ownership are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. READ FULL ARTICLE on GunsAmerica Digest.
Suppressors serve one main purposes — to reduce the sound levels produced when firing pistol or rifle rounds. But GunsAmerica Digest editor True Pearce notes there are many other reasons to own a suppressor. A suppressor can reduce muzzle blast and felt recoil. The suppressor may prevent hearing damage that occurs through bone conduction better than earplugs and muffs because it reduces the noise energy at the source. When hunting, the reduced shot noise can help avoid spooking game. Having a suppressor also makes it easier to communicate when working as a team on a hunt. And, when compared to a muzzle BRAKE, suppressors are much less likely to kick up dust, dirt, sand, and snow when you shoot prone. READ FULL ARTICLE on GunsAmerica Digest.
There is some confusion surrounding the laws concerning suppressors, which are now legal in 42 U.S. States. In most jurisdictions that allow suppressor ownership, no additional state permit or license is required. But you do have to comply with Federal requirements when acquiring the suppressor. You may wish to create a trust to own the suppressor — there are some important practical advantages to having a suppressor trust. The Traditional NFA Gun Trust allows multiple responsible parties, i.e. “trustees”, to legally have possession of the suppressor. Each trustee must be verified and for each suppressor owned by the trust there will be a $200 Tax Stamp. READ FULL ARTICLE on GunsAmerica Digest.
When shopping for a suppressor there are many factors to consider: price, build quality, materials, sound level reduction effectiveness, weight, ease of mounting, and ease of cleaning and maintenance. We recommend that all suppressor buyers research the options. Check the manufacturer’s reputation, check diagrams for disassembly and maintenance. There are always trade-offs. Shorter suppressors may save some weight, but if they don’t cut the decibels as well you may be disappointed. You also need to consider the caliber — will your suppressor be used on multiple firearms? If so then get one that fits the largest caliber you will shoot. READ FULL ARTICLE on GunsAmerica Digest.
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On April 11, the Biden Administration nominated Steven Dettelbach as the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), subject to Senate confirmation. With Dettelbach’s nomination, President Biden revealed his intent to put an aggressive gun control advocate in charge of the agency responsible for regulating America’s firearms industry.
David Chipman, Biden’s first ATF Director nominee, failed to achieve enough support in the Senate to be confirmed. After Chipman’s shortcomings were exposed in Senate hearings, the Biden Administration withdrew Chipman’s nomination. Chipman had worked for anti-gun lobbying groups and advocated widespread banning of popular current firearms types and even supported confiscation of modern sporting rifles. When it was clear Chipman would not win Senate confirmation, Biden withdrew the nomination.
Now Biden has nominated a second ATF Director candidate who is equally objectionable.
NRA-ILA Says Dettlebach Supports Radical Restrictions on Gun Rights
The NRA-ILA states: “Like Chipman, Dettelbach is a dedicated gun controller with a background that proves he would be neither fair nor objective as head of ATF. When running for Ohio Attorney General in 2018, Dettelbach endorsed gun bans, restrictions on lawful firearm transfers, and further expansion of prohibitions on who can lawfully possess a firearm. In short, it’s unclear what gun control measures Dettelbach doesn’t support.
This led NRA-PVF to award Dettelbach an ‘F’ for his positions on the right to keep and bear arms. Notably, Michael Bloomberg’s … gun control group Everytown for Gun Safety (David Chipman’s former employer) endorsed Dettelbach in his bid to become Ohio’s Attorney General.
Ohio voters wisely rejected Dettelbach and his gun control promises in 2018. But, Dettelbach’s unpopular views on the Second Amendment put him in line with the most anti-gun presidential administration in American history.
It will once again be up to gun owners to make clear that a failed anti-gun politician has no more place at the head of the ATF than a failed anti-gun lobbyist. Please contact your U.S. Senators… and respectfully encourage them to oppose Dettelbach’s nomination.”
Dettlebach Supports Ban on Modern Sporting Rifles
The National Shooting Sports Foundation added: “NSSF is committed to a thorough examination of Dettelbach’s record and qualifications. Dettelbach has previously stated support for bans on Modern Sporting Rifles (MSRs), or AR-15 semiautomatic rifles, universal background checks, which are unworkable without a national firearm registry that is already forbidden by federal law, and extreme-risk protection orders, or so-called ‘red flag’ laws, without protections for Due Process considerations.
Dettelbach … a recent partisan candidate for public office, supported gun control during his campaign [and was] endorsed by the gun control group Everytown for Gun Safety, for his support for policies restricting Second Amendment rights.”
COMMENTARY: Dettlebach is a Staunch Enemy of the Second Amendment
We concur that Dettlebach is not a candidate who respects the Second Amendment. If appointed to head the ATF, Dettlebach can be expected to push for policies that will negatively affect the rights of all American gun owners. Dettlebach will likely seek to impose a de facto national gun registry (a digital database of gun owners), make background checks more difficult, and put more restrictions on semi-auto pistols and rifles.
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Through Executive action, without new Federal legislation, the Biden Administration, acting through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is moving to ban the direct sale of unfinished firearm frames and receivers which could be built into functional guns with some additional work and components. (Top photo from GunsAmerica Digest.)
This week, the Biden administration announced the final ruling for ATF 2021R-05, “Definition of ‘Frame or Receiver’ and Identification of Firearms”. Among its provisions, the ruling will effectively eliminate the distribution of “80% Kits” and require FFLs and gunsmiths to serialize such kits upon acquisition. The rule will go into effect 120 days from the date of publication in the Federal Register.
“This ruling will have significant regulatory and operational impacts on FFLs, gun owners and the entire firearms industry,” said Phil Milks, Orchid LLC VP and FFL Law Lead Attorney. “It’s imperative firearm manufacturers and retailers review the ruling in detail and evaluate their manufacturing, serialization and recordkeeping processes to ensure compliance when the new regulations go into effect. We urge FFLs to contact Orchid to learn more about this ruling and how it may affect their firearms business.”
New ATF Ruling Covered at Upcoming 2022 Firearm Industry Conference
The ATF’s new policies on unfinished receivers will be the focus of a seminar at the 2022 Firearms Industry Conference (FIC), April 26-27 in Atlanta, Georgia. At the FIC seminar/discussion, ATF executives will review the new ruling and take questions. Agency personnel will also be available during scheduled breakout sessions and private FFL/ATF meetings. The seminar/discussion will be hosted by Orchid LLC and the Williams Mullen Firearms Industry Group.
“With ATF executives in attendance, we believed it was important for attendees to have an opportunity to hear from and engage with their leadership in open dialogue,” said Orchid CEO, Jon Rydberg.
Over 20 ATF executives will attend FIC 2022, including:
– Marvin Richardson, Acting Director, ATF
– Tom Chittum, Acting Associate Deputy Director, ATF
– Alphonso Hughes, Asst. Director, Office of Enforcement Programs & Services
– Andy Graham, Deputy Asst. Director, Office of Enforcement Programs & Services
– Marianna Mitchem, Chief, Firearms & Explosive Industry Division
– Curtis Gilbert, Deputy Asst. Director (Industry Operations), Office of Field Operations
– Andrew Lange, Chief, Office of Regulatory Affairs
“The Firearms Industry Conference is critically important, especially this year, to the firearms industry”, said Chuck James of the Williams Mullen Firearms Industry Group. Held April 21–27, FIC 2022 features virtual and in-person sessions led by Federal agency personnel, firearms industry leaders, and subject matter experts. Sessions are broken intro three tracks: Firearms Industry Law & Finance, FFL Compliance, and FFL Technology. FIC On-Air™ will be held online April 21–22, followed by FIC Workshops on April 25, with the main FIC event on April 26–27 in Atlanta. To register for FIC 2022, visit orchidadvisors.com/FIC.
So you’re thinking of buying a suppressor (aka “moderator”, “silencer”). You can’t just get one off the shelf at Walmart. Acquiring a suppressor requires filling out paperwork and paying a Federal $200 Tax Stamp. Plus there is typically a pretty long wait. However, the good news is that suppressor ownership is now legal in 42 of the 50 American states — that’s 84%! For most American adults, getting a suppressor is legal, provided the buyer passes the required background checks (explained below). The 42 “suppressor-friendly” states are shown as RED in the illustration below.
States Where Suppressor Ownership is Allowed
These 42 states allow private ownership of suppressors: AL, AK, AZ, AR, CO, CT, FL, GA, ID, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NH, NM, NC, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. Note: Even if you live in one of the states listed, you should still verify that owning a suppressor is legal in your area. Some states may have municipal- or county-based restrictions.
“Suppressor ownership [has] boomed in the 21st century. Thanks in part to companies like Silencer Central that streamline the purchasing process, the number of registered suppressors has grown from 285,000 in 2010 to over 2.6 million in 2020.” — GunsAmerica Digest
States Which Prohibit Suppressor Ownership
The eight states which prohibit suppressor ownership are: California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island. These states are shown in GRAY in the map.
Qualifications to Obtain a Suppressor
To legally obtain a suppressor, you must fill out Federal Forms and pay a $200 fee to the ATF. You must also pass BATFE background checks and otherwise comply with Federal and state laws. States can regulate suppressor ownership or use, so be sure to check the laws in your area. On the federal level, the process to acquire a suppressor is regulated under the National Firearms Act of 1934. According to the American Suppressor Association, to own a suppressor in the United States you must:
1. Be at least 21 years of age to purchase a suppressor from a dealer.
2. Be at least 18 years of age to purchase a suppressor from an individual on a Form 4 to Form 4 transfer (contingent on state laws).
3. Be at least 18 years of age to possess a suppressor as a beneficiary of a trust or as a member of a corporation (contingent on state laws).
4. Be a resident of the United States.
5. Be legally eligible to purchase a firearm.
6. Pass a BATFE background check with a typical process time of 8 to 10 months.
7. Pay a one time $200 Transfer Tax.
That fifth requirement, “be legally eligible to purchase a firearm”, involves a list of factors. The prohibitions are set forth in the “prohibited person” list found on ATF Form 4473.*
Some 39 of the 42 states that allow suppressors also permit the use of suppressors when hunting. However, three states which allow suppressor ownership DO prohibit the use of suppressors while hunting or shooting game. These states, all in the Northeast, are: Connecticut, Maryland, and Vermont.
There is an informative article on the NRA’s American Hunter website regarding suppressor use for hunting. The article, What Hunters Need to Know About Suppressors, answers common questions about licensing, tax stamps, and suppressor types. The article explains the history of the $200 tax stamp which must be paid when acquiring a suppressor:
“Why the Tax? In 1934 … the federal government, while battling gangsters such as Al Capone, heavily restricted silencers with passage of the first National Firearms Act. Hoping to gain an advantage on criminals that often had better weapons than cops, the Feds placed a mandatory ‘sin’ tax on silencers that was so high it would effectively ban their purchase by all but the wealthiest individuals. In 1934, $200 was the equivalent of $3,500 today. The $200 tax still stands despite no evidence that a simple metal tube is capable of causing crime.” — American Hunter
The American Hunter article also discusses how well suppressors actually reduce noise. User should be aware that the sound level of a large, centerfire hunting cartridge will still exceed 130 decibels (dB) on average, even with a typical suppressor (silencer) in place. For that reason, we recommend that hunters continue to wear ear protection even when they shoot suppressed.
Persons prohibited from acquiring a firearm, under Federal law, are those who fall into on or more of categories listed below. Prohibited individuals include any PERSON:
— Who was convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
— Who is a fugitive from justice;
— Who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
— Who has been adjudicated as a mental defective or has been committed to any mental institution;
— Who is an illegal alien;
— Who has been discharged from the Armed Forces under dishonorable conditions;
— Who has renounced his or her United States citizenship;
— Who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
— Who has been convicted of a misdemeanor crime of domestic violence.
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Recognizing that a confirmation vote was likely to fail, the Biden White House has retracted the nomination of David Chipman to head the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). An aggressive anti-gunner, Chipman has advocated the banning of AR-15s and other popular semi-auto rifles. There were concerns about the handling of his own, issued firearms when he worked for the ATF, and his statements as a paid anti-gun activist were extreme and worrisome. Chipman is currently a paid gun control lobbyist who has worked for Bloomberg’s Everytown, as well as the gun control groups Brady United and Giffords Law Center.
Sen. Mitch McConnell was pleased that the Biden Administration retracted the “terrible nomination of David Chipman”. McConnell noted that it was “absurd that a vocal opponent of Americans’ Constitutional rights was ever picked to run ATF. This is a win for the Second Amendment and law-abiding American citizens.”
Sen. Steve Daines concurred: “I’ve been opposed to David Chipman leading the ATF from the start. He’s an anti-Second Amendment, gun-grabbing radical that should not lead the agency that regulates firearms.”
“The defeat of David Chipman is a victory for all Americans who value the right of self-defense,” said Young Americans for Liberty spokesman Eric Brakey, who added: “Chipman has called for a total ban on private ownership of commonly-owned firearms — like the AR-15[.] President Biden should have never nominated this rabid activist on the payroll of Bloomberg-funded anti-gun groups to lead the ATF in the first place.” And the Second Amendment Foundation’s Alan Gottlieb stated: “This is a great grassroots victory for the Second Amendment.”
Immediately following Chipman’s nomination, Gottlieb said it had the smell of political patronage to the Giffords Law Center gun control lobbying group. He also accurately portrayed the nomination as a declaration of war on gun owners’ rights. “We predicted Joe Biden’s pick would ignite a political firestorm, and it did”, Gottlieb recalled. “The President has been so wrong on so many issues, and the Chipman nomination ranks right up there[.]”
Gottlieb continued: “We’re proud of the grassroots effort to defeat this foolish Biden scheme to put an acknowledged extremist gun ban advocate in charge of ATF[.] This is a major defeat for the billionaire elitists who bankroll the gun prohibition movement.”
The Citizens Committee for the Right to Keep and Bear Arms declared that the withdrawal of anti-gun lobbyist David Chipman’s nomination to head the ATF is “a much-deserved defeat for the gun prohibition lobby and Joe Biden”.
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What is the most popular pistol chambering in the USA? It is the 9mm Luger (aka 9x19mm Parabellum). And nothing else is very close. Four out of every 10 pistols made from 2010-2020 were 9mms. And the percentage of 9mm is on the rise. In the year 2010, 27.9% of all handguns produced were 9mms. But in the year 2019, 9mm pistols represented 56.8% of all handguns made in the USA. For the entire decade, 9mm pistols made up 42.8% of all pistols produced domestically (15,111,566 of 35,315,097).
Based on data collected by the ATF, we can compare production numbers for the entire decade 2010 through 2020. During this 10-year span 15,111,566 9mm pistols were produced. That’s roughly twice as many as the next largest category, .40 up to .50 caliber, with 7,661,896 produced. Americans also liked their .22-caliber handguns, with 4,605,411 “up to .22″ handguns produced.
According to Shooting Industry Magazine: “9mm pistols were the most prolifically produced caliber in the 2010s. Thanks to the ATF’s Annual Firearms Manufacturing & Export Report (AFMER) … we’re able to able to quantify the scope of [the 9mm caliber’s] dominance.”
Smith & Wesson is Now America’s Top 9mm Pistol Manufacturer
Among 9mm pistol producers, Smith & Wesson (S&W) tops the field, with the M&P line leading the way. In second place is SIG Sauer, followed by Ruger (3rd), and Glock (4th). Notably, Glock seems to have lost market share over the past decade. S&W produced nearly four times as many 9mm pistols as Glock.
This YouTube Video Compares the SIG P365 and the S&W Shield
SIG Sauer made a big jump in the last decade: “The second-largest 9mm producer, SIG Sauer grew at an impressive rate during the 2010s — no doubt led by its P320 Modular Handgun Series and high-capacity, micro-compact P365.” (Shooting Industry.) Notably, SIG Sauer also secured the U.S. Military contract for the M17/M18 9mm pistol.
On 5/7/21, the U.S. Attorney General signed ATF proposed rule 2021R-05, Definition of “Frame or Receiver” and Identification of Firearms. The goal of the proposed rule is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees. This proposed rule would among others, provide new or amend previous definitions of terms related to or about “firearm frame or receivers” and “frame or receivers.” SEE ATF website.
ATF requests comments on the proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, from all interested persons. ATF specifically requests comments on the feasibility of implementing the new definition of firearm “frame or receiver” in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.
ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits. To submit comments CLICK HERE: Frame or Receiver Submit Comment Page
Official Summary of New Fiream Frame or Receiver Rule
You May Submit a Comment
ATF is receiving comments on the proposed rule for 90 days from the date the proposed rule is posted in the Federal Register. You may submit comments by mail, fax or the Federal eRulemaking Portal at www.regulations.gov.
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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.
The NSSF reports that on December 23, 2020 the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rescinded its Notice of “Objective Factors for Classifying Weapons with Stabilizing Braces” that was published on December 18, 2020. One of the reasons for the change was the massive amount of comments on the proposed rule change. Over 48,000 comments were posted on the Federal Register, the overwhelming number of them critical of the ATF’s proposed policies on pistols with braces.
“After tens of thousands of comments left by gun owners over the ATF’s proposed guidance over pistol braces, the agency pulled it from the [Federal Register].
The agency released the proposal and gave the public two weeks to respond. Many in the gun world believed that the ATF chose to release the document right before the Christmas holiday, hoping that the gun community wouldn’t notice it until it was too late. The American people did notice. Every firearms publication ran non stop coverage of the confusing and nonsensical proposal. YouTubers of all sizes encouraged people to write comments to the government about the new guidance.
Even the politicians got involved in rebuking the ATF’s power play. North Carolina Rep. Richard Hudson and 89 other Congress members signed a letter urging the ATF to reverse course[.]”
What was the main problem with the ATF’s “guidance” firearms with braces? Fundamentally it was vague, confusing, and overly complex. With so many factors listed, the “guidance” would have permitted the ATF to require registration of virtually any brace-equipped pistol based on a complex collection of factors, some quite subjective. That wasn’t good policy and gun owners saw the problem. We need clear, definite, objective standards for what is allowed and what is not.
The NSSF concurred: “NSSF has long requested the ATF to publish objective criteria by which firearm manufacturers can readily produce firearms equipped with arm braces in compliance with the law. To date, the criteria is subjective and open to interpretation on a case-by-case basis. The guidance proposed by the ATF last week did little, unfortunately, to clear the ambiguity that exists with subjective criteria.”
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Do you own an AR-platform pistol, or are you considering purchasing one? Then you should read the Special Notice issued on 12/18/2020 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) concerning features of these firearms. Basically, the ATF is considering reclassifying many of these guns as “short-barreled rifles” because the attached braces effectively function like a rifle buttstock. For decades short-barreled rifles have been a registered item under ATF rules requiring an application and tax stamp. The ATF is now looking at multiple factors to consider the status of AR Pistols. These factors are listed in the ATF’s recent Special Notice: Objective Factors for Classifying Weapons with “Stabilizing Braces”.
Here is text taken from the ATF’s notice in the Federal Register. Take heed — this is only a partial section of the document. You should read theFULL DOCUMENT (PDF Version).
ATF has observed that the development and production of firearms with arm braces has become more prevalent in the firearms industry and, relatedly, that requests for classifications for this kind of firearm design have also increased. Therefore, ATF is publishing this notice to aid the firearms industry and public in understanding the objective design features that FATD (Firearms and Ammunition Technology Division) considers when evaluating firearm samples submitted with a stabilizing brace or similar attachment.
The objective design features ATF considers in determining whether a weapon with an attached “stabilizing brace” has been “designed or redesigned, made or remade, and intended to be fired from the shoulder” include, but are not limited to:
Type and Caliber. The type and caliber of firearm to which the stabilizing brace or similar item is installed. A large caliber firearm that is impractical to fire with one hand because of recoil or other factors, even with an arm brace, is likely to be considered a rifle or shotgun. Weight and Length. The weight and length of the firearm used with the stabilizing brace. A firearm that is so heavy that it is impractical to fire or aim with one hand, or so long that it is difficult to balance the firearm to fire with one hand, is likely to be considered a rifle or shotgun. Length of Pull. The “length of pull” refers to the distance from the trigger to the point at which a stock meets the shoulder. This is a measurement for rifles and shotguns used to accommodate shooters of different sizes. Because an arm brace need only reach the forearm, the distance between the trigger and the back of the brace is generally expected to be shorter than the distance between the trigger and the back of a stock on a weapon designed and intended to be fired from the shoulder. This measurement is not necessarily determinative of the intent of the manufacturer but is used in making an evaluation of the firearm. If a brace is of a length that makes it impractical to attach to the shooter’s wrist or forearm, then that may demonstrate that it is not designed as brace but rather for shoulder fire. Attachment Method. The method of attachment of the stabilizing brace, to include modified stock attachments, extended receiver extensions, and the use of spacers. These items extend the distance between the trigger and the part of the weapon that contacts the shooter, whether it is a stock or stabilizing brace. Use of these items indicates that the weapon is designed and intended to be fired from the shoulder because they extend a stabilizing brace beyond a point that is useful for something other than shoulder support. Stabilizing Brace Design Features. The objective design features of the attached stabilizing brace itself are relevant to the classification of the assembled weapon, and include:
— The comparative function of the attachment when utilized as a stabilizing brace compared to its alternate use as a shouldering device;
— The design of the stabilizing brace compared to known shoulder stock designs;
— The amount of rear contact surface area of the stabilizing brace that can be used in shouldering the weapon as compared to the surface area necessary for use as a stabilizing brace;
— The material used to make the attachment that indicates whether the brace is designed and intended to be pressed against the shoulder for support, or actually used on the arm;
— Any shared or interchangeable parts with known shoulder stocks; and
— Any other feature of the brace that improves the weapon’s effectiveness from the shoulder-firing position without providing a corresponding benefit to the effectiveness of the stability and support provided by the brace’s use on the arm.
Aim Point. Appropriate aim point when utilizing the attachment as a stabilizing brace. If the aim point when using the arm brace attachment results in an upward or downward trajectory that could not accurately hit a target, this may indicate the attachment was not designed as a stabilizing brace. Secondary Grip. The presence of a secondary grip may indicate that the weapon is not a “pistol” because it is not designed to be held and fired by one hand. Sights and Scopes. Incorporation of sights or scopes that possess eye relief incompatible with one-handed firing may indicate that the weapon is not a “pistol” because they are designed to be used from a shoulder-fire position and are incompatible for the single-handed shooting that arm braces are designed and intended. Peripheral Accessories. Installation of peripheral accessories commonly found on rifles or shotguns that may indicate that the firearm is not designed and intended to be held and fired with one hand. This includes, but is not limited to, the installation of bipods/monopods that improve the accuracy of heavy weapons designed and intended to be fired from the shoulder; or the inclusion of a magazine or drum that accepts so many cartridges that it increases the overall weight of the firearm to a degree that it is impractical to fire the weapon with one hand even with the assistance of a stabilizing brace.
The ATF concludes: “These factors are based on known stabilizing braces and similar attachments. No single factor or combination of factors is necessarily dispositive, and FATD examines each weapon holistically on a case-by-case basis. …. Moreover, in addition to the objective design features of a submitted sample, FATD also considers the marketing of both the item and the firearm to which it is attached, compared to the manufacturer’s stated intent when submitting an item.”
AR-Platform Pistols — Current Options on the Market
If you are interested in learning more about AR-platform pistols with short barrels, PewPewTactical.com has published a useful article entitled: Six Best AR-15 Pistols [2020 Complete & Build List]. That article quickly covers the legal status of such firearms, at least before the recent ATF Guidance document:
So, what exactly is an AR pistol? If you want the complex legal definition of a pistol Check ATF’s Website.
“The short version is: An AR Pistol is an AR-15 that was built from the start to be a pistol — it also has a barrel less than 16 inches in length and does not have a stock. Generally, an AR-15 Pistol will have a stabilizing brace instead of a stock, but that isn’t required.”
ATF Changes May be Coming — And You Must Consider State Laws As Well
However, PewPewTActical notes that: “The ATF is reevaluating its stance on stabilizing braces. Pew Pew Tactical is monitoring the situation and will update our readers if there are any legal changes in the future.” And… the article further cautions: “Double check your state law before embarking on this kind of build, what federally qualifies as a ‘firearm’ or ‘pistol’ might be an ‘assault pistol’ in your state.” SOURCE: PewPewTactical.com
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Based on data collected by the ATF, we can compare production numbers for the entire decade 2010 through 2020. During this 10-year span 15,111,566 9mm pistols were produced. That’s roughly twice as many as the next largest category, .40 up to .50 caliber, with 7,661,896 produced. Americans also liked their .22-caliber handguns, with 4,605,411 “up to .22″ handguns produced. 
ATF Proposed Rule Will Redefine Firearm “Frame or Receiver”
On 5/7/21, the U.S. Attorney General signed ATF proposed rule 2021R-05, Definition of “Frame or Receiver” and Identification of Firearms. The goal of the proposed rule is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees. This proposed rule would among others, provide new or amend previous definitions of terms related to or about “firearm frame or receivers” and “frame or receivers.” SEE ATF website.
» Download the Proposed New ATF Rule (PDF)
ATF requests comments on the proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, from all interested persons. ATF specifically requests comments on the feasibility of implementing the new definition of firearm “frame or receiver” in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.
ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits. To submit comments CLICK HERE: Frame or Receiver Submit Comment Page
Official Summary of New Fiream Frame or Receiver Rule
You May Submit a Comment
ATF is receiving comments on the proposed rule for 90 days from the date the proposed rule is posted in the Federal Register. You may submit comments by mail, fax or the Federal eRulemaking Portal at www.regulations.gov.
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