Category Archives: Administrative Law

Common mistakes when completing a Form 20

Whenever you need to temporarily or permanently transport a Short-Barreled Rifle (SBR), Short-Barreled Shotgun (SBS), Machinegun, or Destructive Device (DD) across state lines, you will need an approved ATF Form 5320.20 (more commonly known as just Form 20) before doing … Continue reading

Posted in Administrative Law, ATF, BATFE, Destructive Devices, Federal Law, Form 20, Interstate Move, Interstate Travel, Machine Guns, NFA Trusts, SBR, SBS, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Common mistakes when completing a Form 20

Do I need an FFL if all I am going to do is manufacture and sell cast bullets?

I received a call from a client last week asking this question. He wanted to start a business manufacturing cast bullets which he would then sell online and at flea markets. He was hoping that, because he was only dealing … Continue reading

Posted in Administrative Law, AECA, Ammunition, Ammunition Components, ATF, BATFE, Federal Law, FFL Issues, ITAR, Manufacturing, USML | Comments Off on Do I need an FFL if all I am going to do is manufacture and sell cast bullets?

Can I purchase a firearm from a dealer if I have a misdemeanor drug possession arrest or conviction?

Occasionally I will receive a call from a thoroughly confused potential client who has been denied a firearms purchase and doesn’t understand why. They were able to honestly answer all of the questions on the ATF Form 4473 in the … Continue reading

Posted in 4473, Administrative Law, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Prohibited Persons, Purchasing Firearms, Regulatory Rulemaking | Comments Off on Can I purchase a firearm from a dealer if I have a misdemeanor drug possession arrest or conviction?

Why do some approved Form 1’s say “FORM 1 REGISTRATION” in box 4a?

I recently received a call from a client who had received his approved Form 1 for a self-manufactured suppressor.  The Form 1 application had been submitted pre-41F via eForms. In reviewing the approved form in preparation for having his tube … Continue reading

Posted in 41F, 80% Lower, Administrative Law, ATF, BATFE, eForms, Engraving, Federal Law, Form 1, Manufacturing, SBR, Suppressors | Comments Off on Why do some approved Form 1’s say “FORM 1 REGISTRATION” in box 4a?

The ATF is effectively reversing their position on stabilizing braces once again

In the Fall of 2014, I wrote about a series of actions on the part of the ATF that lead me to believe that they were attempting to modify their interpretation of the stabilizing brace issue. On January 16, 2015 … Continue reading

Posted in Administrative Law, AR Pistols, ATF, ATF Guidance Letters, BATFE, SBR, Short Barreled Rifles, Stabilizing Brace | Comments Off on The ATF is effectively reversing their position on stabilizing braces once again

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?

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

What’s going on with 41p now?

UPDATE:  The final rule has been released ————————————————— Since the comment period for 41p ended on December 9th, 2013, we have been waiting to see how the ATF would respond to the record breaking number of comments they received, which … Continue reading

Posted in 41P, Administrative Law, AOW, ATF, BATFE, CLEO Sign-Off, Federal Law, Form 1, Form 4, Machine Guns, NFA Transfers, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Short Barreled Shotguns, Tax Stamp | Comments Off on What’s going on with 41p now?

The ATF has pushed the date for 41P back yet again

Not a single day goes by without someone asking me about ‘ATF banning the use of trusts.‘ I long ago started translating those words in my mind to ‘Please explain the details of 41p and regulatory rulemaking to me.‘ So … Continue reading

Posted in 41P, Administrative Law, ATF, BATFE, NFA Trusts | Comments Off on The ATF has pushed the date for 41P back yet again

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

Update:  For the latest news on the stabilizing brace issue, see my March 21, 2017 update. … 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. … 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