Category Archives: ATF Guidance Letters

Do I lose my gun rights if I voluntarily seek mental health treatment?

The criteria for which types of mental health issues might give rise to a gun rights prohibition under either state or federal law is staggeringly complex. For the average citizen, unfamiliar with researching and parsing legal language, the task of understanding this … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, BATFE, Criminal Law, Federal Law, Mental Health, Purchasing Firearms, Virginia Law | Comments Off on Do I lose my gun rights if I voluntarily seek mental health treatment?

May an FFL rent handguns and provide ammunition to those under 21 for on-premises use?

I have written before about the differences between Virginia law and federal law where the age to acquire, possess, and carry handguns is concerned. In that article I note that FFL’s are prohibited under 18 USC § 922(b)(1) from ‘selling or delivering‘ … Continue reading

Posted in Age To Possess, ATF, ATF Guidance Letters, BATFE, Federal Law, FFL Issues, Range Issues, Virginia Law | Comments Off on May an FFL rent handguns and provide ammunition to those under 21 for on-premises use?

Does putting a bipod on a pistol make it an AOW?

I received an email this morning from a client asking whether or not they could add a bipod to their pistol without making it an AOW. As I have pointed out on more than one occasion, the answer to almost … Continue reading

Posted in Administrative Law, AOW, AR Pistols, ATF, ATF Guidance Letters, BATFE, Criminal Law, Firearms Technology Branch, Stabilizing Brace | Comments Off on Does putting a bipod on a pistol make it an AOW?

Is a background check required when picking up NFA items from a dealer for a trust?

Over the last two days I have been asked this question multiple times.  It seems that there is a great deal of confusion over this issue among both NFA owners and dealers. However, I do not say this to disparage … Continue reading

Posted in 4473, ATF, ATF Guidance Letters, Background Checks, BATFE, Federal Law, FFL 03, FFL Issues, NFA Transfers, NFA Trusts, SP-65, Virginia State Police | Comments Off on Is a background check required when picking up NFA items from a dealer for a trust?

Sig Sauer issues a press release hinting at legal action over stabilizing brace issue

I received a call today from a client who had just read my article about the ATF’s open letter concerning the stabilizing brace issue.  He was coming to the issue late but was incensed that the ATF was reversing their … Continue reading

Posted in Administrative Law, AR Pistols, ATF, ATF Guidance Letters, BATFE, SBR, Stabilizing Brace | Comments Off on Sig Sauer issues a press release hinting at legal action over stabilizing brace issue

The ATF has issued an open letter on the stabilizing brace issue

Based upon a flurry of questions from friends and clients, on December 28th of last year I wrote an article entitled “Has the ATF changed their mind about the Sig brace?” In that article I pointed out that the ATF … Continue reading

Posted in AR Pistols, ATF, ATF Guidance Letters, BATFE, Firearms Technology Branch, NFA Trusts, SBR, Short Barreled Rifles | Comments Off on The ATF has issued an open letter on the stabilizing brace issue

Does 922(r) apply when building an SBR from an imported pistol?

I received a call last week from a client who was planning to SBR a swiss pistol and wanted to know whether the US-made parts requirement of 922(r) would apply. His concern is understandable since this is yet another area where … Continue reading

Posted in 922(r), AR Pistols, ATF, ATF Guidance Letters, BATFE, Federal Law, Firearms Technology Branch, Form 1, Imports, Manufacturing, SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Does 922(r) apply when building an SBR from an imported pistol?

Has the ATF changed their mind about the Sig brace?

UPDATE: The ATF has released a letter clarifying their position on this issue.  For the latest information, read my article discussing their open letter. … Over the last week I have had a flood of emails from clients wanting to … Continue reading

Posted in AOW, AR Pistols, ATF, ATF Guidance Letters, BATFE, Firearms Technology Branch, Form 1, Manufacturing, SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Has the ATF changed their mind about the Sig brace?

Does the ATF treat angled fore-grips the same as vertical fore-grips?

I received an email today from a client who wanted to know whether an angled fore-grip on an AR pistol makes it an AOW subject to the requirements of the National Firearms Act (NFA) as is the case with a … Continue reading

Posted in AOW, AR Pistols, ATF, ATF Guidance Letters, BATFE, Firearms Technology Branch | Comments Off on Does the ATF treat angled fore-grips the same as vertical fore-grips?

Can my trust get a curio & relic FFL?

Tonight I received a call from a friend who was wondering whether or not a trust could acquire an FFL 03 license. For those of you unfamiliar with the different types of federal firearms licenses (FFLs), a type 03 FFL … Continue reading

Posted in ATF, ATF Guidance Letters, BATFE, C&R, Curio and Relic, FFL 03, FFL Issues, Firearms Technology Branch, NFA Trusts | Comments Off on Can my trust get a curio & relic FFL?