ATF is promising to return eForms to service in “the short term”

Posted on April 17, 2014 by John Pierce

CheeringToday the ATF sent out a letter detailing their plans for eForms.  The good news is that they plan for eForms to return to service very quickly.

They took the time to explain why the existing eForms system became overwhelmed.  The key statistics were:

  • The number of registered eForms users has grown from 673 in 2013 to more than 10,000 today.
  • The number of eForms submitted has exceeded 50,000.
  • Since January 2014, approximately 50 percent of NFA applications have been submitted via eForms.

How are they planning to address the technical issues we were facing with eForms over the last few months?  According to the letter, “ATF has engaged world-class private sector companies to assist in enhancing eForms capacity and functionality to provide industry with the most efficient service possible.”

They propose to bring eForms back online piecemeal starting this week with Form 6 and 6A.  Forms 1, 2, 5, 9, 10, and 5300.11 will follow over the next several weeks with Forms 3 and 4 being reintroduced in “the short term.”

While we cannot be certain what “the short term” really means, it seems clear that the ATF is dedicated to returning eForms to service as quickly as possible.

The full letter is embedded below.

Download (PDF, 67KB)

 

Posted in ATF, BATFE, eForms, Form 1, Form 4, NFA Trusts, Processing Times | Comments Off on ATF is promising to return eForms to service in “the short term”

Can you add a vertical fore-grip to an AR pistol?

Posted on April 15, 2014 by John Pierce

Pistol_Fore_Grip In the article I posted last week  about the Sig Sauer stabilizing brace I included a picture of a reviewer shooting an AR pistol equipped with the brace.

The pistol in the picture also featured a vertical fore-grip and I received a number of questions concerning the legality of adding a vertical fore-grip to an AR pistol.

The ATF has long held that adding a vertical fore-grip to a pistol makes it an AOW subject to the requirements of the National Firearms Act (NFA).

However, like so many ATF regulations, this one needs further clarification. If the overall length (OAL) of the pistol is greater than 26 inches then adding a vertical fore-grip doesn’t result in the pistol becoming an AOW.  The following letter from 2011 breaks down the ATF’s position:

VFG_2011_Page_1

VFG_2011_Page_1

VFG_2011_Page_3

To summarize … unless your AR pistol has an OAL greater than 26 inches then you should not add a vertical fore-grip unless you first submit a Form 1 and get it approved.

 

 

Posted in AOW, AR Pistols, ATF, BATFE, Form 1, Manufacturing | Comments Off on Can you add a vertical fore-grip to an AR pistol?

Does shoulder-firing an AR pistol equipped with a pistol brace make it an SBR?

Posted on April 8, 2014 by John Pierce

Sig_Sauer_SB15_BraceUpdate:  For the latest news on the stabilizing brace issue, see my March 21, 2017 update.

…

It is an undisputed fact that putting a shoulder stock on an AR pistol will result in a short-barreled rifle (SBR) subject to regulation under the National Firearms Act (NFA).

However, Sig Sauer sells a stabilizing brace that looks an awful lot like a shoulder stock but is advertised as “ATF Approved.”

What does that mean?  In simple terms, it just means that the ATF’s Firearms Technology Branch (FTB) has determined that it should not be classified as a shoulder-stock.

But why?  Is it a question of ‘intended’ use? As the ad from Sig Sauer demonstrates, it is not intended to be a shoulder stock.  Rather, it is intended to function by strapping the AR pistol to your wrist.

But it sure does look like a shoulder stock doesn’t it?  I have to believe that someone somewhere has tried to use it as a shoulder stock.

Pistol_Brace_Shouldered

Note: The pistol being shown here has a vertical fore-grip because it was already registered as an SBR prior to the test. However, adding a vertical fore-grip to an AR pistol with an overall length less than 26″ does bring it within the purview of the NFA.

In fact, a lot of people have wondered how it would function as a shoulder stock and have even conducted reviews of how well it functions in that regard.  Alex at The Firearm Blog for example declares it to be  “very comfortable and is almost like having a giant recoil pad on the back of your gun.”

Given that glowing review, one can certainly imagine quite a few people choosing to occasionally shoulder fire their AR 15 pistols thus equipped.  But what will the ATF think if such activities become commonplace?  Thanks to Sergeant Joe Bradley of the Greenwood Police Department in Colorado we have an answer (at least for now).

In their letter to Sergeant Bradley, the ATF reiterates that using a pistol brace to shoulder-fire an AR pistol does not render the pistol an SBR under the auspices of the NFA.  The complete letter is presented below for your enjoyment.

I predict a brief sales surge in the pistol brace industry.

ATF_Letter_Pistol_Brace

Posted in ATF, BATFE, Firearms Technology Branch, SBR | Comments Off on Does shoulder-firing an AR pistol equipped with a pistol brace make it an SBR?

The end of eForms?

Posted on April 5, 2014 by John Pierce

logo_eFormsFor NFA collectors and dealers the ATF’s eForms system has been both a stunning success and a frustrating challenge.

The simplified application process and greatly reduced processing times undeniably made eForms the preferred method for submitting your NFA applications.  However, these benefits were offset by periodic outages and frequent times during which the system was up, but virtually unusable.

Over the last several weeks, the ATF tried to address the issues by having multiple shutdown periods during each day.  But the issues continued.

Apparently someone decided that enough was enough.

Those who logged into the ATF eForms system yesterday were presented with the following message.

eForms_Down1

As of this morning, the message has been modified somewhat.  It now reads:

eForms_Down2

Based upon the messages, it appears that those who have already submitted their eForm applications will be processed.  However, it also appears that any eForms in draft status will have to be resubmitted on paper and refunds will need to be requested of the tax payments made for these applications.

Does this really mean the end of the eForms system?  No one knows for sure.  I will keep you updated as I learn more.  In the meantime, all applications at this point should be made via the paper application process.

Posted in ATF, BATFE, eForms, Form 1, Form 4, NFA Trusts | Comments Off on The end of eForms?

What do I need to do when my tax stamp arrives?

Posted on March 13, 2014 by John Pierce

TaxStampFor an NFA collector it is truly a special day when an approved Form 4 and the accompanying tax stamp finally arrive.  After all, you have waited long months for this day and suddenly it is here.

But don’t be too quick to grab the car keys and head out the door.  In the excitement of the moment it is easy to forget that there is a small but important administrative task that you must perform before you can go and pick up your new toy from the dealer.

Do you remember when we first drafted your NFA trust? We talked about the need to place an initial asset in the trust and I explained why it could not be the item that you planned to use the trust to purchase … not even if you had already paid for it.

I explained that the trust does not truly ‘own’ an NFA item until the Form 4 has been approved and the tax stamp has been received.  I may have even used the term ‘non-possessory equity interest’ to describe what your prepayment gave you if it wasn’t actual ‘ownership’.

But now you have the tax stamp in hand and you want to go pick up your latest acquisition.  What do you need to do?

The short answer is that the newly approved NFA item must be added to Schedule A of your trust.  As for how this is to be accomplished, you have two option.

If you are comfortable with Microsoft Word, you may use the Word document I provided when we formed your trust to generate a new Schedule A with the newly approved item added to the list of assets.  You will want to include the make, mode, serial number, caliber (if applicable), and tax stamp number.

If this is a step that you do not feel comfortable doing on your own, remember that I am always happy to make this change for you free of charge.  You need only email or call and I will make the change for you and send you an updated copy of the schedule.

Regardless of how it is modified, you will then want to print the new Schedule A, sign and date it, and replace that page in all extant copies of the trust.

With that having been done, you may now take a copy of the trust along with the approved Form 4 and tax stamp and head excitedly to the dealer.

Posted in ATF, BATFE, Form 4, NFA Trusts | Comments Off on What do I need to do when my tax stamp arrives?