Category Archives: ATF

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?

Do you have to register for ITAR if you are only manufacturing AR-15 uppers?

In my last post I answered the question of whether or not an FFL is required if one is only manufacturing and selling AR-15 uppers. Almost immediately I was asked a follow-up question about whether or not a person who … Continue reading

Posted in AR-15, ATF, BATFE, Federal Law, ITAR, Manufacturing, Uppers | Comments Off on Do you have to register for ITAR if you are only manufacturing AR-15 uppers?

Do you need an FFL to manufacture and sell AR-15 uppers?

I was recently asked whether an FFL is required to manufacture and sell AR-15 uppers. The answer is ‘no‘ but I want to caution readers that this would not necessarily be the case if the upper in question was for a … Continue reading

Posted in AR-15, ATF, BATFE, Federal Law, FFL Issues, Manufacturing, Uppers | Comments Off on Do you need an FFL to manufacture and sell AR-15 uppers?

You no longer need to print ATF Form 1’s and Form 4’s double-sided

I received an email today from a client who had noticed that the latest downloadable versions of both the Form 1 and the Form 4 now have new instructions regarding the printing of the forms. Prior versions of both forms … Continue reading

Posted in 41F, ATF, BATFE, Form 1, Form 4, NFA Transfers | Comments Off on You no longer need to print ATF Form 1’s and Form 4’s double-sided

Picking up a firearm from consignment

I received a call earlier today from one of my FFL clients asking about this topic. Specifically, they wanted me to verify whether or not the owner of a consignment firearm needs to complete a 4473 and NICS check in order to … Continue reading

Posted in 4473, ATF, BATFE, Consignment, Federal Law, FFL Issues | Comments Off on Picking up a firearm from consignment

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?

Virginia Gun Rights Restoration Failures

If you call me with a tax law question, I am going to refer you to an attorney who practices tax law.  The same is true with all the other areas of law that are outside my wheelhouse. The reason … Continue reading

Posted in ATF, BATFE, Criminal Law, Federal Law, Gun Rights Restoration, US Supreme Court, Virginia Law, Virginia State Police | Comments Off on Virginia Gun Rights Restoration Failures

Purchasing a firearm after your gun rights have been restored following a mental health adjudication

In Virginia, there are a number of mental health adjudications that can lead to a prohibition on the right to purchase, possess, and transport firearms. These include the following: Persons acquitted of a crime by reason of insanity Persons adjudicated … Continue reading

Posted in 4473, ATF, BATFE, Criminal Law, Federal Law, Gun Rights Restoration, Mental Health, Virginia Law | Comments Off on Purchasing a firearm after your gun rights have been restored following a mental health adjudication

The complete guide to the new Form 1

It’s time to submit a new Form 1 but July 13th has come and gone, 41F is fully in effect, and eForms, despite its tendency to crash every 15 minutes, is now nothing more than a cherished but fading memory. … Continue reading

Posted in 41F, 41P, ATF, BATFE, CLEO Notification, Form 1, Form 23, NFA Trusts, Responsible Persons | Comments Off on The complete guide to the new Form 1