Category Archives: ATF

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

Reducing your trust’s ‘responsible persons’ after 41F

“What can I do to my trust to reduce the number of people who need to be fingerprinted and photographed?” Now that 41F is actually in effect, I am getting dozens of emails with some version of this question. The good … Continue reading

Posted in 41F, 41P, ATF, BATFE, CLEO Notification, Fingerprinting, NFA Trusts | Comments Off on Reducing your trust’s ‘responsible persons’ after 41F

Who is a ‘responsible person’ under 41F?

“Just who are these ‘responsible persons’ the ATF keeps talking about?” This is the key question that NFA Trust attorneys have been talking about since the final version of 41F was released earlier this year. After all, we need to … Continue reading

Posted in 41F, 41P, ATF, BATFE, Form 23, NFA Trusts, Responsible Persons | Comments Off on Who is a ‘responsible person’ under 41F?

The industry is moving quickly to minimize the impact of 41F

The only thing more powerful than a giant bureaucracy is the inventiveness of free enterprise. Therefore, it is no surprise that the firearms industry is already hard at work minimizing the impacts of 41F on the use of NFA trusts. … Continue reading

Posted in 41F, 41P, Administrative Law, ATF, BATFE, CLEO Notification, FFL Issues, Form 1, Form 23, Form 4, NFA Trusts | Comments Off on The industry is moving quickly to minimize the impact of 41F

Filing last minute paper Form 1’s

We have finally arrived at the final day to submit Form 1 and Form 4 applications and have them processed under the pre-41F rules. As anticipated and feared, the eForms system has been flaky and unavailable for the last several … Continue reading

Posted in 41F, 41P, ATF, BATFE, eForms, Form 1, NFA Trusts | Comments Off on Filing last minute paper Form 1’s

The ATF has finally posted updated guidance on 41F

We have been waiting for final guidance and approved forms from the ATF on the 41F implementation for some time and they have finally posted an update on their website which includes links to the new forms. Much of what they … Continue reading

Posted in 41F, 41P, ATF, BATFE, CLEO Notification, eForms, Form 1, Form 23, Form 4, Form 5, NFA Transfers, NFA Trusts | Comments Off on The ATF has finally posted updated guidance on 41F

Understanding 41P / 41F

The other shoe has finally dropped … As many have been predicting since the action date was moved to January last month, yesterday the Attorney General signed a final version of 41P (now known as 41F). The final rule, which … Continue reading

Posted in 41F, 41P, ATF, Background Checks, BATFE, CLEO Notification, CLEO Sign-Off, eForms, Form 1, Form 4, Machine Guns, NFA Transfers, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Short Barreled Shotguns | Tagged | Comments Off on Understanding 41P / 41F