Can a private seller ship a Curio and Relic firearm directly to an out-of-state C&R FFL holder?

One of my clients called with this question today.  He was selling a firearm that happens to be listed on Section II of the latest Curios and Relics List and the buyer was a C&R FFL holder from another state.

For those unfamiliar with the Curios and Relics List, Section II contains those firearms that are deemed to be a Curio and Relic (C&R), but which are still subject to the provisions of the Gun Control Act (GCA).

Never having dealt with an out-of-state C&R holder before, my client was concerned about the ‘still subject to the Gun Control Act‘ verbiage and how that might intersect with interstate shipment.

As it turns out, from a federal law perspective, there is a fairly simple answer to this question for most classes of C&R firearms (those on the C&R list but still subject to the National Firearms Act require additional details and are not covered here).

In short, a C&R FFL allows a holder to receive intrastate and interstate shipments of C&R firearms directly from a seller (licensed or individual) without violating federal law.

However, as is always the case where legal issues are concerned, that isn’t the end of the analysis.  There may be additional requirements imposed by state law in the C&R holders state.

Therefore, while there is no bar under federal law, anyone shipping to a C&R holder in another state would be advised to get appropriate legal advice regarding the laws in the C&R holder’s state prior to shipping the firearm.

Posted in C&R, Criminal Law, Curio and Relic, Federal Law, FFL 03, FFL Issues, Interstate Firearm Transfers, Private Sales | Comments Off on Can a private seller ship a Curio and Relic firearm directly to an out-of-state C&R FFL holder?

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 one of the four legal challenges succeeds in postponing or overturning the regulatory ‘redefinition’ of bump fire stocks as machineguns.

For those who are not familiar with the history and ongoing status of the attempted ban, the following is a simplified timeline of the steps which lead us here.

Until we get a final answer, this post will contain updates as they occur.  However, it isn’t looking good for law-abiding gun owners.

In the meantime, Firearms Policy Foundation attorney Joshua Prince has published a guide to surrendering your bump stock to the ATF under protest.

The ATF has also ‘helpfully’ provided a Bump Fire Destruction Guide.

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 Form 1 to eForms).

As for the change of address, just to be clear, the NFA Branch is not moving from their Martinsburg, West Virginia location.  The change of address merely reflect a change in the payment processing locations to which forms are initially sent before being forwarded to the NFA Branch for processing.

Formerly, paper Form 1 and Form 4 submissions were mailed to the NFA Branch’s lockbox service in Atlanta, GA which was handled by Bank of America.  Starting February 1, they have changed this service to U.S. Bank in Portland, Oregon.

Any forms sent to the Atlanta address until approximately May 1 will be forwarded to the new Portland address.  After that, the forms will be returned to the sender.

They have released updated copies of the Form 1 and Form 4 which have the new address.

The New Address Is:
National Firearms Act Division (ATF Forms 1 and 4)
P.O. Box 5015
Portland, OR 97208-5015
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