Category Archives: BATFE

Status of the Bump Fire Stock Ban

I receive calls almost every day from clients asking for an update on the status of the bump fire stock ban. The ban is currently scheduled to go into effect (with items surrendered or destroyed) on March 26, 2019 unless … Continue reading

Posted in Administrative Law, ATF, ATF Ruling, BATFE, Bump Fire Stocks, Federal Law, Machine Guns, Regulatory Rulemaking | Comments Off on Status of the Bump Fire Stock Ban

The NFA Branch has a new mailing address for Form 1 and Form 4 submissions

The ATF recently announced that they have a new mailing address for both Form 1 and Form 4 submissions (although if you are still doing paper Form 1 submissions then you should strongly consider taking advantage of the return of … Continue reading

Posted in ATF, BATFE, Form 1, Form 4, NFA Transfers, NFA Trusts | Comments Off on The NFA Branch has a new mailing address for Form 1 and Form 4 submissions

Green card holders and firearms

“May I purchase a firearm if I have a green card?” Some version of this question shows up in my email almost every week. It is hardly surprising since there is a great deal of confusion concerning green card holders and … Continue reading

Posted in 4473, ATF, Background Checks, BATFE, Criminal Law, Federal Law, Green Card Holders, Prohibited Persons, Purchasing Firearms | Comments Off on Green card holders and firearms

Selling an NFA Item as Executor of an Estate

The vast majority of my clients own their NFA items in an NFA Trust so that they get the dual benefits of sharing the items while they are alive and probate-avoidance when they pass away.  However, I occasionally get a … Continue reading

Posted in ATF, BATFE, Estate Planning, Federal Law, Form 4, Form 5, Inheriting Firearms, NFA Transfers, NFA Trusts, Private Sales, Tax Stamp | Tagged , | Comments Off on Selling an NFA Item as Executor of an Estate

eForms is back for Form 1 Submissions

At the beginning of October, the ATF announced that Form 1’s are once again available for submission via eForms. Initial applicants have astonishingly reported approvals in as little as 15 days!  And while I suspect that number will increase with … Continue reading

Posted in 41F, 80% Lower, Administrative Law, AOW, AR Pistols, AR-15, ATF, BATFE, CLEO Notification, eForms, Form 1, Form 23, Manufacturing, NFA Trusts, Processing Times, SBR, SBS, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on eForms is back for Form 1 Submissions

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

Can I purchase a stripped lower from an out-of-state dealer?

I was recently contacted by a gun owner who attempted to purchase a stripped lower from an out-of-state dealer and the dealer refused the sale.  The dealer had completely confused the issue by telling him that stripped lowers must be … Continue reading

Posted in 4473, 80% Lower, ATF, ATF Guidance Letters, BATFE, Federal Law, FFL Issues, Interstate Firearm Transfers, Non Resident Issues, Purchasing Firearms | Comments Off on Can I purchase a stripped lower from an out-of-state dealer?

What impact will the Fix NICS bill have on NICS appeals?

I was recently debating with a gun control advocate about the increased burden that is imposed on law-abiding gun owners when we add more and more records to the NICS system.  I was specifically discussing the prevalence of erroneous matches. … Continue reading

Posted in ATF, Background Checks, BATFE, Due Process, Federal Law, Fix NICS, NICS, Prohibited Persons, Purchasing Firearms | Tagged | Comments Off on What impact will the Fix NICS bill have on NICS appeals?

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?

Avoiding AOW status with a permanently attached muzzle device on a pistol with a vertical foregrip

In my latest article I discussed how permanently attached muzzle devices become part of the barrel length and overall length of a firearm. With that understanding, a client asked me to revisit my earlier article about vertical foregrips.   As I … Continue reading

Posted in AOW, AR Pistols, ATF, ATF Ruling, Barrel Length, BATFE, CHP, Concealed Handgun Permit, Criminal Law, Federal Law, Firearms Technology Branch, Overall Length (OAL), SBR, Short Barreled Rifles, Short Barreled Shotguns | Comments Off on Avoiding AOW status with a permanently attached muzzle device on a pistol with a vertical foregrip