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December 29th, 2020
The NSSF reports that on December 23, 2020 the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rescinded its Notice of “Objective Factors for Classifying Weapons with Stabilizing Braces” that was published on December 18, 2020.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.
NRA Instructor and gunwriter John Crump noted:
“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.”
December 19th, 2020
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 the FULL 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.”
CLICK HERE for BATFE General Notice in Federal Register Regarding AR Pistols
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
September 14th, 2020
 Will you be traveling to other states this winter? Are you concerned about the laws that might apply when you are transporting firearms across state lines? Or are you puzzled about the requirements for obtaining a carry permit in your own state? If you have any of these questions, you should definitely get expert guidance on State statutes and regulations controlling firearms. To do that, you can purchase Attorney Bryan Ciyou’s Gun Laws by State reference book. This is worth the money, and the $20 cost also includes access to an online legal database and other services.
Free State Law Summaries Online
If you don’t want to spend the twenty bucks, there is a FREE alternative. There’s a very helpful set of State Law Summaries on the web, presented by PewPewTactical.com. Despite the silly name, the PewPewTactical website has an abundance of information that is particularly beneficial for pistol shooters and CCW holders.
One of the best features of PewPewTactical.com is the Gun Laws by State online reference guide. We looked through four of these State Law Summaries and were impressed by the depth of the coverage. But we caution — if you have specific legal questions, particularly with recently-enacted statutes, you should consult a licensed attorney for your state (or the state to which you will travel). In addition, many of the State Law Summaries have not been updated for a year or two. But they are still a good place to start. Below are links to state law articles from PewPewTactical.com. To access any State summary, simply click the State name below:
Gun Laws by State — FREE Summaries
CLICK state name to access each article.
May 22nd, 2020
The Federal Bureau of Alcohol, Tabacco, Firearms and Explosives (ATF) is set to release its newest version of the Form 4473. The Updated Form 4473 is used by all Federal Firearm License (FFL) holders to record pertinent information from persons seeking to purchase a firearm or firearms prior to the FFL performing a background check via the National Instant Criminal Background Check System (NICS) or state-approved point-of-contact law enforcement agency. FFLs may start using the new Form 4473 immediately. The FBI intends to start shipping these new forms in July 2020.
IMPORTANT: Use of the updated Forum 4473 becomes MANDATORY as of November 1, 2020, for paper applications (not using the FBI E-Check system).
The May 2020 Form 4473 includes several changes from the previous version, including:
— The warning at the top of the form includes information about illegal exportation.
— Information on the firearm/s to be transferred is now Section A, which must be completed before the transferee completes Section B.
— The Citizenship information (Country of Citizenship and US-issued alien or admission number) has been moved to precede the prohibitor questions.
— The “County” block has been changed to “County/Parish/Borough” to accommodate Louisiana and Alaska, respectively.
— The “Sex” box has been revised to include a third option of “Non-Binary”. [Comment: Really? And how does this prevent crime? Thank you SJWs.]
— Item 26b, which previously applied to situations in which the identification document did not show the current residence address of the transferee, has been updated to include situations in which the identification document does not include the full legal name of the transferee.
— New item 26c has been included for the recording of official military orders establishing permanent change of station.
OTHER Changes: A detailed summary of ALL Form 4473 changes has been prepared by Orchid Advisers, which provides ATF and ITAR compliance services to manufacturing, distribution, and retail FFLs.
Expected Delivery Dates and Pre-Order Links
Use of the May 2020-approved Form 4473 will be mandatory for all FFLs beginning November 1, 2020. FFLs may use supplies of their current Form 4473s (October 2016 version) until that date. The new Form 4473 and continuation sheets are available for preorder in both English and Spanish. FFLs can expect their preorders to begin shipping in late July 2020. In addition, ATF expects to ship 50-quantity starter packs of the new Form 4473 to all FFLs in late July 2020, and the agency intends to have an updated eForm 4473 up and running during that same time period for those FFLs utilizing the FBI’s NICS E-Check system instead of the paper Form 4473.
NSSF has ordered both Spanish and English overlays for the new Form 4473 and we will notify our members when they are in stock and available through the member portal. These overlays, which complement an FFL’s compliance best practices, help improve accuracy and completion of this critical form and are available free to NSSF members.
May 10th, 2019
Image Courtesy NSSF
Mother’s Day is Sunday, May 12th, and Father’s Day is just a month away. Perhaps you’re thinking about giving your parent(s) a firearm for sporting use or self-protection. While gifting a gun is allowed in most jurisdictions, there are important state and Federal laws with which you must comply. And while Federal laws cover the whole country, the rules on firearms gift transfers vary significantly from state to state.
Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.
Image Courtesy NSSF. This story is based on an NSSF Article.
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
 The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.
 Consider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues.
December 23rd, 2018
Image Courtesy NSSF. This story is based on an NSSF Article.
‘Tis the season of gift-giving (and Christmas Day is nearly here). Perhaps you’re considering giving a a first rifle to your grandson or perhaps a carry pistol to a spouse. When making a gun gift to a friend or family member, however, there are some very important legal considerations. Also the rules on firearms gift transfers vary from state to state. Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.
The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.
Image Courtesy NSSF
 The first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.
There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.
 Consider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues.
Intra-Family Transfers and Antique Arms
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even intra-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.
Regulations on Firearms Shipping to Third Parties
When you intend to transfer a gun, there are important rules on interstate shipping*. Generally speaking, you can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms. Also check your state laws on transfers.
*Different rules may apply to shipping to parties IN-STATE or shipping firearms to yourself in temporary care of others. Always consult your own state laws, but here are some FAQs copied directly from the ATF.GOV website:
August 8th, 2018
Read Orchid Advisors’ Full Form 4473 Revision Report on Ammoland.com.
Dope or Guns. But Not Both…
Federal law is clear on this. Make your choice. — Dennis Santiago
You may live in a state where private use of marijuana has been decriminalized, but you still have to worry about the Federal Government. Use of marijuana (cannabis) is still prohibited under Federal law. Admitting that you smoke dope can and will prevent you from being able to purchase firearms. We raise this point because in 2016 ATF modified Forum 4473, the Federal Firearms Transaction Record, to include a new warning. The Shooting Wire explains:
 “ATF notified licensees last week that ATF Form 4473… has again been revised. There’s now a warning attached to question 11.e.
11.e is the famous question, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’
The warning simply says that use and possession is illegal under federal statute regardless of the state’s rules. Some on social media said, ‘ATF is telling you to mark that answer “no”. Apparently they don’t remember Scooter Libby.
Lying on ATF Form 4473, as noted right above Block 14, is a federal felony — punishable by fines and a term of imprisonment. Want an all-expense paid vacation at Club Fed? If not, don’t mess with the [Federal Government].”
There are a number of other small changes and additions in the latest revision of Form 4473. These changes are reviewed in great detail by Orchid Advisors, firearms industry compliance experts. If you sell firearms, we recommend you read Orchid Advisors’ full Form 4473 Report on Ammoland.com. Below you can read all six pages of ATF Form 4473.
Download current Form 4473 from the ATF’s website at https://www.atf.gov/firearms/firearms-forms. FFL dealers should note that all six pages of Form 4473 must be printed and retained as permanent transaction records.
July 7th, 2018
Chrysler’s 2014 Outdoorsman Series Trucks offered an optional “RamBox” with locked rifle storage.
This summer, many of our readers will be traveling to shooting matches near and far. Many of you will drive 1000 miles or more to attend major championships at Camp Perry (Ohio) and Camp Atterbury (Indiana). Along the way you’ll cross multiple state lines, and be subject to a patchwork of different state and local laws. While traveling with firearms you want to ensure you comply with all laws and regulations, even if you’re “just passing through”.
 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.)
The Traveler’s Guide to the Firearm Laws of the Fifty States (Printed handbook.)
June 5th, 2018
 The National Shooting Sports Foundation (NSSF) has published a Q & A Page about FFL transfers and other FFL-related matters. The NSSF’s experts provide answers to common questions to ensure that neither FFLs nor their customers get caught in regulatory traps. Here are some of the recent questions and answers:
1. Purchase of Firearm by Parent for Child.
Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (under 18 years of age)?
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes (e.g., employment, ranching, farming, target practice or hunting), and that permission slip must be carried by the juvenile while possessing the handgun. [18 U.S.C. 922(x)]
2. May an FFL Transfer a Firearm by Way of a “House Call”?
Q: I have an elderly customer who cannot leave his home. I have a gun in my store that he wants to buy. Can I go to his house, have the Form 4473 completed, call for a background check and deliver the gun to him, providing that all the background checks clear?
A: Federal Firearms Licensees (FFLs) are required to conduct business from their licensed “business premises.” The Form 4473, Part 1, is for an over-the-counter transaction. The buyer must appear in person at the FFL premises. Licensees may not conduct firearms transactions from locations other than their licensed premises, with the exception of gun shows or other events dedicated to the sporting use of firearms and held in the state where the FFL’s premises is located. An FFL who locates purchasers by other means must complete the transaction and all required paperwork at the business premises indicated on the FFL’s license.
3. Can the Spouse of a Transferee (Buyer) Pick Up a Firearm?
Q: A customer filled out a Form 4473 on a shotgun. The NICS background check reply was delayed, but the following day NICS approved the purchase. The customer could not get back to my store during open hours, however, so he sent his wife to pick it up. May I transfer the shotgun to her?
A: The shotgun may not be transferred to the customer’s wife, as she is not the intended transferee. The customer must return to the store himself and complete the ATF Form 4473 to receive the firearm. He must recertify that his answers in section A are still true, correct and complete by signing and dating Section C on the ATF Form 4473.
4. What Is the Procedure for an Older Firearm with No Serial Number?
Q: I have received a firearm on trade. It was made before 1968 and has no serial number. I must note the physical markings on the firearm in my records. What do I do in this case?
A: Unfortunately, marking requirements that existed before 1968 did not apply to all firearms. Many of the firearms manufactured and imported prior to 1968 bear no serial numbers or other markings. Licensees who receive these firearms should note in each descriptive column in the acquisition record the physical markings that appear on the firearms. If no serial number was placed on the firearm, it should be specifically noted that “Firearm has no serial number” or recorded “NSN.” Remember, however, it is illegal to remove or alter a firearm’s serial number, and a licensee should report such a firearm to the nearest ATF office. Refer to the ATF P 3317.2, Safety and Security Information for Federal Firearms Licensees.
5. What Should Be Done if an FFL Finds a Firearm That Was Previously Reported Lost?
Q: I’ve reported a lost firearm. I’ve done all the necessary paperwork and notifications. Now, I’ve found the firearm. What is my course of action?
A: FFLs who report a firearm as missing and later discover its whereabouts should advise the ATF, as well as their local law enforcement agency, that the firearms have been located. The ATF can be contacted at 888-930-9275. In addition, once the firearms are located, they must be re-entered into the Acquisition and Disposition (A&D) record as an acquisition entry.
February 16th, 2017
In the near future, there could be changes in the way the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) treats sound suppressors (aka “moderators” or “silencers”). An official government White Paper, dated 1/20/17, was recently leaked to the press and revealed by the Washington Post.
CLICK HERE to READ FULL Text of ATF WHITE PAPER
The ATF White Paper makes some key points about suppressors:
1. 42 States currently allow silencers.
2. Silencers are not a threat to public safety, and are rarely used in criminal activities.
3. The inclusion of suppressors in the NFA is “archaic” and should be reevaluated.
4. The definition of regulated suppressor components should be narrowed, so that only key items are regulated as opposed to “any combination of [silencer] parts”.
5. A change in Federal law removing silencers from regulation under the NFA would save resources, allowing the ATF to focus on reducing actual gun-related crime.
Here is the operative text of the ATF White Paper:
Current Federal law requires ATF to regulate silencers under the NFA. This requires a Federal tax payment of $200 for transfers, ATF approval, and entry of the silencer into a national NFA database. In the past several years, opinions about silencers have changed across the United States. Their use to reduce noise at shooting ranges and applications within the sporting and hunting industry are now well recognized.
At present, 42 states generally allow silencers to be used for sporting purposes. The wide acceptance of silencers and corresponding changes in state laws have created substantial demand across the country. This surge in demand has caused ATF to have a significant backlog on silencer applications. ATF’s processing time is now approximately 8 months. ATF has devoted substantial resources in attempts to reduce processing times, spending over $1 million annually in overtime and temporary duty expenses, and dedicating over 33 additional full-time and contract positions since 2011 to support NFA processing. Despite these efforts, NFA processing times are widely viewed by applicants and the industry as far too long, resulting in numerous complaints to Congress. Since silencers account for the vast majority of NFA applications, the most direct way to reduce processing times is to reduce the number of silencer applications. In light of the expanding demand and acceptance of silencers, however, that volume is unlikely to diminish unless they are removed from the NFA. While DOJ and ATF have historically not supported removal of items from the NFA, the change in public acceptance of silencers arguably indicates that the reason for their inclusion in the NFA is archaic and historical reluctance to removing them from the NFA should be reevaluated.
ATF’s experience with the criminal use of silencers also supports reassessing their inclusion in the NFA. On average in the past 10 years, ATF has only recommended 44 defendants a year for prosecution on silencer-related violations; of those, only approximately 6 of the defendants had prior felony convictions. Moreover, consistent with this low number of prosecution referrals, silencers are very rarely used in criminal shootings. Given the lack of criminality associated with silencers, it is reasonable to conclude that they should not be viewed as a threat to public safety necessitating NFA classification, and should be considered for reclassification under the [Gun Control Act] (GCA].
If such a change were to be considered, a revision in the definition of a silencer would be important. The current definition of a silencer extends to “any combination of [silencer] parts”, as well as “any part intended only for use in” a silencer. Compared to the definition of a firearm, which specifies the frame or receiver is the key regulated part, any individual silencer part is generally regulated just as if it were a completed silencer. Revising the definition could eliminate many of the current issues encountered by silencer manufacturers and their parts suppliers. Specifically, clarifying when a part or combination of parts meets a minimum threshold requiring serialization would be useful.
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