ATF Federal Firearms Licensee (FFL) Burglary and Robbery Statistics for Calendar Years 2013 – 2017

ATF Federal Firearms Licensee (FFL) Burglary and Robbery Statistics for Calendar Years 2013 – 2017


With the close of 2017, ATF has been working diligently to collate data from firearm Theft / Loss incidents. The FFL Burglary and Robbery Statistics for Calendar Years 2013 – 2017 report was released by the ATF on January 19, 2018.

In order to assist FFLs, we have assembled FAQs and a self-assessment of security practices, so you can assure your team and your business are taking all feasible business and asset protection steps.

How are FFL Firearms Losses Classified by ATF?

As discussed by ATF, Orchid Advisors and NSSF during the 2016 Firearms Industry Compliance Conference, firearm losses are classified by the incident which led to the loss: 

FFL Firearm Losses with an Event:

  1. Burglary – Firearm loss event occurs when building is illegally entered; no persons are present (i.e. AFTER business hours).
  2. Robbery – Firearm loss event occurs when building is occupied (i.e. DURING business hours; staff present)
  3. Larceny – Firearm loss event occurs when person(s) takes possession of property without intent to return (i.e. successful or unsuccessful shoplifting attempt). Larcenies are often discovered after the fact. 

FFL Firearm Loss without an Event:

  1. Interstate Theft/Loss – Firearm loss event occurs when firearm(s) are do not successfully arrive at the intended recipient when a third-party shipper is utilized.
  2. Missing from Inventory – Firearm loss event occurs but there is no defined cause/event for the loss (i.e. firearm cannot be located during inventory reconciliation; no apparent theft). 

What are the trends in FFL losses for 2017?

During calendar year 2017, there were approximately 1,270 incidents at FFLs nationwide, with more than 9,000 firearms were reported as theft / loss. There was an increasing trend in “smash & grab” type FFL robberies; there were no increases in FFL safe/vault breaches.  Further, stolen vehicles were occasionally used to attempt to destroy physical security barriers including ramming buildings and/or removing burglar bars.  Therefore, FFLs experienced significant financial losses not only in inventory, but losses due to building damage.

Where are stolen firearms usually recovered?

Most stolen firearms are recovered locally, meaning firearms taken from your business are usually recovered in the community you and your customers reside.

What types of firearms are typically stolen?

Handguns are stolen at a much higher rate than long guns at a ratio of 3 handguns stolen for every 1 long gun stolen.

How are thieves accessing businesses?

The most common means of entry was breach of front / rear doors and breaking windows.  It is recommended additional security measures be taken to assure all doors and windows are secured during and after business hours, and that all security devices are routinely inspected to assure proper functionality.

Is there any way to know if other FFLs in my area are experiencing losses?

Yes. ATF will notify FFLs via telephone when a licensee in their area has experienced a theft or burglary that resulted in the loss of firearms. A short, automated message will be sent out to Type 01 and Type 02 FFLs’ business telephone number, on record, alerting them to a robbery or burglary that has occurred within their county. These calls will be made between 9am-5pm (all time zones), 7 days per week. It is important to note that no information will be collected from FFLs during these calls, the victimized FFL will not be identified, and there is no requirement to call back or follow-up. Please visit www.atf.gov for more information on fflAlert.

What are some recommended “best practices” for FFLs?

  1. Get to know your business neighbors, and share information regarding suspicious activity, including alarms being activated, whether or not a loss occurs. Occasionally criminals will “test” law enforcement response times by activating a nearby store’s alarm.
  2. Routinely evaluate your security program for potential gaps, including taking the FFL Security Self-Assessment.
  3. Be vigilant with your security practices, including noting suspicious activity.
  4. Keep employees aware and trained in your security program, with necessary disciplinary actions for security program failures.

What types of incidents/circumstances besides Theft/Loss should I be aware and/or report to ATF?

Keep your local ATF field office informed:

  1. Any burglary, robbery, or attempted burglary or robbery of your FFL location, even if firearms are not lost/stolen
  2. Suspicious activity and/or persons
  3. Any failures of your security system and anticipated date of repair

What Can I Expect After Theft/Loss Event?

Unlike firearm theft/loss from individuals, ATF is the law enforcement agency on point to investigate all FFL firearm theft/loss.  This means, once a loss is discovered, local ATF Agents and local ATF Industry Operations Investigators (IOIs), will be working – often on the FFL premises – to assist with determine lost/stolen firearms as well as collect evidence and conduct interviews.

What is the difference between an ATF Agent and an ATF Industry Operations Investigator (IOI)?

The ATF is a large, complex organization with many different types of employees.  An Industry Operations Investigator or IOI works to assure FFLs are fulfilling all federal, state, and local requirements to maintain their license. IOIs conduct inspections of FFLs’ records including ATF Form 4473s, A&D Book, etc. during their routine visits.  IOIs are not law enforcement agents, so they do not carry badges but do have ATF credentials.  On the other hand, ATF Agents are law enforcement officials.  In this capacity, ATF Agents work to investigate all crimes and potential crimes subject to ATF purview, complete with badge and gun.

Who can I contact with additional questions/concerns?

ATF Field Offices

https://www.atf.gov/contact/atf-field-divisions

Additional Information On FFL Security and Security Related Events

ATF Issues Ruling 2017-1

ATF Ruling 2017-1 Revoking Certain Guidance Documents
On December 21, 2017, the ATF issued ATF Ruling 2017-1 Revoking Certain Guidance Documents.

ATF Ruling 2017-1

Revoking Certain Guidance Documents
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is revoking several guidance documents; specifically three rulings, one procedure, and two industry circulars.
It has been determined that the following list of guidance documents are unnecessary, either in whole or in part, to the appropriate application of current law and regulations. Therefore, these guidance documents are hereby revoked. These documents are listed below, in the order in which they were issued.
Document Status
ATF Procedure 75-4 Procedure incorporated into the Application for Explosives License or Permit, ATF Form 5400.13/16.
Industry Circular 75-10 Industry circular incorporated into the Application for Explosives License or Permit, ATF Form 5400.13/16.
ATF Ruling 85-3 Ruling made obsolete by amendments to 18 U.S.C. 922(b)(3).
Industry Circular 85-3 Industry circular made obsolete by amendments to 18 U.S.C. 922(b)(3).
ATF Ruling 2001-1 Ruling made unnecessary and obsolete as the registration Period ended May 1, 2001.
ATF Ruling 2004-1 Ruling made obsolete by amendments to 27 CFR 478.11; (definition of  “State of Residence”).
 Held; that the three rulings, one procedure, and two industry circulars listed in this ruling are hereby revoked.
Date Approved: 12-20-2017
By: Thomas E. Brandon, Deputy Director


Download ATF Ruling 2017-1:

https://www.atf.gov/resource-center/docs/ruling/2017-1-revoking-certain-guidance-documents/download

See All ATF Firearms Rulings:

https://www.atf.gov/rules-and-regulations/firearms-rulings

Application of the Definition of Machinegun to Bump Fire Stocks and Other Similar Devices

Application of the Definition of Machinegun to Bump Fire Stocks and Other Similar Devices

Document for Public Inspection as a Proposed Rule

The following unpublished document was posted in the Federal Register, December 21, 2017, Document Number 2017-27898 for Public Inspection as a Proposed Rule:

Summary: The Department of Justice anticipates issuing a Notice of Proposed Rulemaking (NPRM) that would interpret the statutory definition of “machinegun” in the National Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether certain devices, commonly known as “bump fire” stocks, fall within that definition. Before doing so, the Department and ATF need to gather information and comments from the public and industry regarding the nature and scope of the market for these devices.

Dates:  Written comments must be postmarked and electronic comments must be submitted on or before 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Standard Time on the last day of the comment period.

Addresses:  You may submit comments, identified by docket number (2017R-22), by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov

Fax: (202) 648-9741

Mail:

Vivian Chu

Mailstop 6N-518

Office of Regulatory Affairs, Enforcement Programs and Services

Bureau of Alcohol, Tobacco, Firearms, and Explosives

99 New York Ave. NE

Washington D.C. 20226

ATTN: 2017R-22

For Further Information Contact: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact:

Vivian Chu

Office of Regulatory Affairs, Enforcement Programs Services

Bureau of Alcohol, Tobacco, Firearms, and Explosives

U.S. Department of Justice

99 New York Ave, NE

Washington D.C. 20226

Telephone: (202) 648-7070

Instructions:

All submissions received must include the agency name and docket number for this advance notice of proposed rulemaking (ANRPM). All comments received will be posted without change to the Federal eRulemaking portal, http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” section of the SUPPLEMENTARY INFORMATION section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

The Attorney General is responsible for enforcing the Gun Control Act of 1968 (GCA), as amended, 18 U.S.C. 921 et. seq., and the National Firearms Act of 1934 3 (NFA), as amended, 26 U.S.C. 5841 et. seq. 1 The Attorney General has delegated the responsibility for administering and enforcing these laws to the Director of ATF subject to the direction of the Attorney General and the Deputy Attorney General. See 28 CFR 0.130. Regulations in 27 CFR Parts 478 and 479 implement the GCA and NFA.

26 U.S.C. 5845(b)

The GCA defines “machinegun” by reference to the NFA definition. The GCA regulates the transfer and possession of machineguns under 18 U.S.C. 922(o). Section 922(o) makes it unlawful for any person to possess a machinegun unless it was lawfully possessed prior to the effective date of the section or is under the authority of the federal government or a state.

Those engaged in the business of manufacturing, importing, or dealing in NFA firearms must be registered with the Attorney General. 26 U.S.C. 5801, 5802. When the NFA was enacted in 1934, only a handful of firearms qualified as machineguns, such as the Thompson submachine gun. Over time, however, as firearms technologies have advanced, manufacturers and the public have attempted to develop firearms, triggers, and other devices that permit shooters to use semiautomatic rifles to replicate automatic fire without converting these rifles into “machineguns” within the meaning of the statute. Consequently, questions have arisen about whether these types of devices should be classified as machineguns (or machinegun conversion devices) pursuant to section 5845(b). See, e.g., Internal Revenue Ruling 55-528 (1955) (considering whether types of “Gatling Guns” constitute machineguns); ATF Ruling 2006-2 (examining a firearms accessory device that, when activated by a single pull of the trigger, initiated an automatic firing cycle that continued until release).

ATF has issued a number of private letters to individuals and manufacturers who voluntarily submitted such devices for classification under the NFA and GCA. In addition, ATF has promulgated a regulation that defines “machinegun,” See 28 CFR 478.11, but that regulation mirrors the statutory language of the NFA and GCA and provides no further interpretation.

II. Las Vegas Music Festival Attack and Requests to Regulate Bump Stock-type Devices

“Bump fire” stocks (bump stocks) are devices used with a semiautomatic firearm to increase the firearm’s cyclic firing rate to mimic nearly continuous automatic fire. Since 2008, ATF has issued a total of 10 private letters in which it classified various bump stock devices to be unregulated parts or accessories, and not machineguns or machinegun conversion devices as defined in section 5845(b) of the NFA or section 921(a)(23) of the GCA.

On October 1, 2017, 58 people were killed and several hundred were wounded in Las Vegas, Nevada, by a shooter firing one or more AR-type rifles affixed with a particular bump stock device. In 2010, the manufacturer of this particular device had supplied ATF with a sample of the bump stock, and ATF had examined and classified it as an unregulated firearm part, not subject to either the GCA or NFA.

Following the Las Vegas shooting, a significant amount of public attention has been focused on bump stock-type devices. ATF has received correspondence from the general public and from members of both houses of Congress requesting that ATF re-examine its past classification decisions concerning bump stock devices to determine whether they should be classified as machineguns within the meaning of section 5845(b). This ANPRM is the initial step in a regulatory process to interpret the definition of machinegun to clarify whether certain bump stock devices fall within that definition. If, in a subsequent rulemaking, the definition of machinegun under section 5845(b) is interpreted to include certain bump stock devices, ATF would then have a basis to reexamine its prior classification and rulings. See Encino Motorcars v. Navarro, 136 S. Ct. 2117, 2125 (2016); FCC v. Fox Television Stations, 556 U.S. 502, 515 (2009).

III. Requests for Public Input

This ANPRM is intended to gather relevant information that is otherwise not readily available to ATF regarding the scope and nature of the market for bump stock type devices. Because ATF does not have the authority to regulate firearm parts and accessories, ATF does not know, with the exception of one well-known manufacturer, how many of the individuals or companies that received classification letters from ATF ever engaged in commercial production and distribution of these devices. Similarly, ATF does not know how many companies or individuals who did not submit bump stock type devices to ATF for voluntary classification determinations are now engaging or have previously been engaged in this business. Further, the individuals and companies who submitted bump stock type devices to ATF for voluntary classification determinations identified some specific target markets for such devices, such as individuals with disabilities, but ATF does not have any information about whether those markets or other markets ultimately materialized for the devices. Consequently, ATF seeks the following information:

MANUFACTURERS:

Are you, or have you been, involved in the manufacturing of bump stock devices? If so:

1. In what part(s) of the manufacturing process, are/were you involved?

2. In what calendar years are/were you involved in the manufacturing process?

3. What is the wholesale price of the bump stock devices produced by the manufacturing process with which you are involved?

4. In each calendar year in which you have operated, how many bump stock devices were produced by the manufacturing process with which you are/were involved? Of this number, how many devices were sold to (a) retailers/resellers, and (b) directly to consumers?

5. What were your approximate gross receipts for the sale of these bump stock devices in each calendar year (from 2014 – present)?

6. For what use or uses have you marketed bump stock devices?

7. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your gross receipts for calendar year 2018?

8. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?

9. What costs do you expect to be associated with the disposition of existing bump stock device inventory?

10. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.

RETAILERS:

Are you, or have you been, involved in the retail sale of bump stock devices? If so:

11. In what calendar years are/were you involved?

12. In each calendar year, how many bump stock devices did you sell?

13. In each calendar year, what was the average retail price of the bump stock devices you sold?

14. In each calendar year (from 2014 – present) what were your approximate gross receipts derived from the retail sale of bump stock devices?

15. For what use or uses have you marketed bump stock devices?

16. In the 2018 calendar year, how many bump stock devices do you anticipate you will sell, assuming that such devices remain classified by ATF as an unregulated firearm part? What do you expect will be the average price at which those bump stock devices will be sold?

17. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your costs/expenses, gross receipts for calendar year 2018?

18. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?

19. What costs do you expect to be associated with the disposition of existing bump stock device inventory?

20. If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.

CONSUMERS:

21. In your experience, where have you seen these devices for sale and which of these has been the most common outlet from which consumers have purchased these devices (e.g., brick and mortar retail stores; online vendors; gun shows or similar events; or private sales between individuals)?

22. Based on your experience or observations, what is (or has been) the price range for these devices?

23. For what purposes are the bump stock devices used or advertised?

IV. Statutory and Executive Order Review

This ANPRM has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review,” section 1(b), The Principles of Regulation, in accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” section 1(b), General Principles of Regulation, and in accordance with Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.”

The Department has determined that this ANPRM is a significant regulatory action under Executive Order 12866, section 3(f), and accordingly this ANPRM has been reviewed by the Office of Management and Budget. However, this action does not propose or impose any requirements. The ANPRM is being published to seek information from the public about the practical impacts of interpreting the statutory definition of “machinegun” such that certain bump stock type devices may fall under that definition.

Furthermore, the requirements of the Regulatory Flexibility Act (RFA) do not apply to this action because, at this stage, it is an ANPRM and not a “rule” as defined in 5 U.S.C. 601. Following review of the comments received in response to this ANPRM, if ATF proceeds with a notice or notices of proposed rulemaking regarding this matter, ATF will conduct all relevant analyses as required by statute or Executive Order.

1 NFA provisions still refer to the “Secretary of the Treasury.” However, the Homeland Security Act of 2002, Pub. L. 107-296 (2002), transferred the functions of ATF from the Department of the Treasury to the Department of Justice, under the general authority of the Attorney General. 26 U.S.C. 7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, this document refers to the Attorney General.

V. Public Participation

A. Comments Sought

ATF requests comments on this ANPRM from all interested persons with information about the enumerated questions. ATF specifically requests comments on the questions listed above, on the costs or benefits of the proposal in this ANPRM, and on the appropriate methodology and data for calculating those costs and benefits. Each commenter or commenting party should include the identifying number of the specific question(s) to which it is responding. ATF does not expect commenters to respond to every question; please feel free to respond only to those questions you feel you are able to answer.

All comments must reference the docket number 2017R-22, be legible, and include the commenter’s complete first and last name and full mailing address. ATF will not consider, or respond to, comments that do not meet these requirements or comments containing profanity. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment. ATF will take into account, as appropriate, the comments received on or before the closing date, and will give comments received after that date the same consideration if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before the closing date. ATF will not acknowledge receipt of comments.

B. Confidentiality

ATF will make all comments meeting the requirements of this section available for public viewing at ATF and on the Internet as part of the eRulemaking initiative, and subject to the Freedom of Information Act. ATF will not redact personal identifying information that appears within the comment and it will appear on the Internet.

C. Proprietary or Confidential Business Information

A commenter may submit to ATF information identified as proprietary or confidential business information. The commenter shall place any portion of a comment that is proprietary or confidential business information under law on pages separate from the balance of the comment with each page prominently marked “PROPRIETARY OR CONFIDENTIAL BUSINESS INFORMATION” at the top of the page.

ATF will not make proprietary or confidential business information submitted in compliance with these instructions available when disclosing the comments that it received, but will disclose that the commenter provided proprietary or confidential business information that ATF is holding in a separate file to which the public does not have access. If ATF receives a request to examine or copy this information, it will treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process.

D. Submitting Comments

Submit comments in any of three ways (but do not submit the same comments multiple times or by more than one method).

Federal eRulemaking Portal: We strongly recommend that you submit your comments to ATF via the Federal eRulemaking portal. Visit http://www.regulations.gov and follow the instructions for submitting comments. Comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that regulations.gov provides after you have successfully uploaded your comment.

Mail: Send written comments to the address listed in the ADDRESSES section of this document. Written comments must appear in minimum 12 point font size (.17 inches), include the commenter’s complete first and last name and full mailing address, be signed, and may be of any length.

Facsimile: Submit comments by facsimile transmission to (202) 648-9741. Faxed comments must (1) Be legible and appear in minimum 12-point font size (.17 inches); (2) Be on 8½” x 11” paper; and (3) Be signed and contain the commenter’s complete first and last name and full mailing address.

Disclosure

Copies of this advance notice, and the comments received will be available at http://www.regulations.gov (search for Docket No. 2017R-22) and for public inspection by appointment during normal business hours at: ATF Reading Room, Room 1E-063, 99 New York Avenue, NE., Washington, DC 20226; telephone: (202) 648-8740.

List of Subjects

27 CFR Part 478 Administrative practice and procedure, Arms and munitions, Customs duties and inspection, Exports, Imports, Intergovernmental relations, Law enforcement officers, Military personnel, Penalties, Reporting and recordkeeping requirements, Research, Seizures and forfeitures, Transportation.

27 CFR Part 479 Administrative practice and procedure, Arms and munitions, Excise taxes, Exports, Imports, Military personnel, Penalties, Reporting and recordkeeping requirements, Seizures and forfeitures, and Transportation.

Authority and Issuance

This document is issued under the authority of 5 U.S.C. 552(a); 18 U.S.C. 921 et seq.; 26 U.S.C. 5841 et seq.

Dated: December 19, 2017. Thomas E. Brandon, Deputy Director.

[FR Doc. 2017-27898 Filed: 12/21/2017 4:15 pm; Publication Date: 12/26/2017]

Relevant Links:

ATF Guidance on Wildfire Preparedness for Federal Firearms Licensees and Federal Explosives Licensees and Permittees

On December 8, 2017 ATF Los Angles Field Division issued the following:
Bureau of Alcohol, Tobacco, Firearms and Explosives, Special Advisory, Los Angles Field Division

For Immediate Release, Friday, December 8, 2017

Contact:Los Angles Field Division,818-265-2507www.atf.gov

LOS ANGELES – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to ensuring public safety by working directly with federal firearms licensees (FFL) and federal explosives licensees and permittees (FEL/FEP) to safeguard their businesses during the wildfires blazing throughout Southern California.

There are 41 FELs and 173 FFLs in San Diego County.  The wildfires threatening portions of the county are forcing evacuations. If the wildfire is imminent, ATF is recommending FELs and FFLs move their records to a safe place. Explosives inventory should be relocated to a compliant storage magazine in an alternate location if an FEL is in the path of a fire.

If an FFL or FEL moves it records or inventory, they should contact the local ATF office at 858-966-1030 and provide the temporary storage location. Additionally, if any of the explosives, firearms or ammunition are missing, lost or stolen notify ATF at 888-283-2662.

For more information on preparedness for FELs and FFLs during natural disasters:

More information about ATF, including local office contact information, is available at www.atf.gov

 

Additional Information On Disasters

ATF Form 3310.12 Posted for Additional 30 Days for Comment

Report of Multiple Sale or Other Disposition of Certain Rifles (ATF Form 3310.12) – Additional 30 Days for Comment

Proposed Changes to ATF Form 3310.12 and Instructions:

ATF Form 3310.12

  • Added – Question 2c:  Added “(see instruction 2.)”
  • Added – Question 2d: “If you sold these firearms at a gun show or other qualifying event, identify the event and provide a complete address of the event.”
  • Split – Question 7 into Question 7a (Ethnicity) and Question 7b (Race)
  • Added – Question 14:  Added “(if applicable)”

ATF Form 3310.12 – Instructions

  • Added
  1. Refer to the Race and Ethnicity information provided on the ATF Form 4473 associated with this transaction when filling out the Race and Ethnicity information on this form.”
  • Updated

7. The report is to be submitted to:

Copy 1 – Fax, email or mail to the ATF National Tracing Center no later than the close of business on the day that the multiple sale or other disposition occurs. Fax Number is 1-877-283-0288.  Email address is MultipleLonggunSalesForms@atf.gov.

Mail address:

U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives

National Tracing Center

P.O. Box 0279

Kearneysville, WV 25430-2079

Copy 2 – ATF recommends that a licensee retain a copy and attach it to the back of the Firearms Transaction Record, ATF Form 4473, covering the transfer of the firearms.

ATF Posted the Following Notification on November 16, 2017

The following was posted in the Federal Register, Vol. 82, No. 220, Page 53523:

Summary: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register, on September 12, 2017, allowing for a 60-day comment period. This Information Collection is being revised due to a reduction in the number of respondents, responses, and burden hours respectively.

Dates: Comments are encouraged and will be accepted for an additional 30 days until December 18, 2017.

For Further Information Contact: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact:

Ed Stely

Branch Chief, Tracing Operations and Records Management Branch

National Tracing Center Division

244 Needy Road

Martinsburg, WV 25405

By telephone:  800–788–7133

By email:  Edward.Stely@atf.gov

Written comments and/or suggestions can also be directed to:

Office of Management and Budget

Office of Information and Regulatory Affairs

Attention Notices

Department of Justice Desk Officer

Washington, DC 20503

By email:

OIRA_ submissions@omb.eop.gov

Relevant Links:

NASGW's 2017 Regulatory Year in Review - Presented by Orchid Advisors and FFLBizHub.com

NASGW’s 2017 Regulatory Year in Review, Presented by Orchid Advisors and FFLBizHub.com

Join Orchid Advisors and FFLBizHub.com for NASGW’s 2017 Firearms Regulatory Year in Review

This webinar is designed specifically for the wholesale distribution channel. In our 30 minute event, industry experts will summarize pertinent information relating to Federal and State-level regulatory changes.

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  • Suppressor Sales & Transfer,Texas
  • Private Party Transfers, National
  • Denied Transfer Reporting, Washington

Register Now to Take Advantage of:

  • Concise, Executive-level review in just 30 minutes 
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2017 Regulatory Year in Review

Register Now!

Date:  November 29, 2017

Time:  10:00am CST

Duration:  30 Minutes

Scheduled Speaker

20170302 Milks Phil.jpeg

Phil Milks

Executive Director, Manufacturing Practice

Orchid Advisors

Scheduled Speaker

Alexis Tunell 2017 OA.png

Alexis Tunell

Executive Director, FFLBizHub.com

Orchid Advisors

ATF 60-Day Notifications – NFA and More

ATF Posted Three Notifications in the November 9, 2017 Federal Register

  • ATF Form 5320.9 (NFA Export Form 9)

  • ATF Form 8620.42  (Police Check Inquiry)

  • ATF Form 6310.1 (Arson and Explosives Training Registration Request for Non-ATF Employees)

Action: 60 Day Notice of Information Collection for Review

ATF Form 9 (5320.9) – Application and Permit for Permanent Exportation of Firearms (National Firearms Act)

The following was posted in the Federal Register, November 9, 2017, Vol. 82, No. 216, Page 52070:

Summary: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

Dates: Comments are encouraged and will be accepted for 60 days until January 8, 2018.

For Further Information Contact: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact:

Kenneth Mason

Firearms and Explosives Services Specialist

244 Needy Road

Martinsburg, WV 25405

Or by email:

nfaombcomments@atf.gov 

If additional information is required contact:

Melody Braswell

Department Clearance Officer

United States Department of Justice

Justice Management Division

Policy and Planning Staff

Two Constitution Square

145 N Street NE., 3E.405A

Washington, DC 20530

Relevant Links:

Action: 60 Day Notice of Information Collection for Review

Police Check Inquiry—ATF F 8620.42

The following was posted in the Federal Register, November 9, 2017, Vol. 82, No. 216, Page 52072:

Summary:  The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is being revised to eliminate the PreScreening Qualifications Certification— ATF Form 8620.62, which is no longer needed. The proposed information collection is also being published to obtain comments from the public and affected agencies.

Dates: Comments are encouraged and will be accepted for 60 days until January 8, 2018.

For Further Information Contact: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact:

John Dugan

Physical Security Programs Branch

99 New York Avenue NE.

Washington, DC 20226

Or by email:

John.T.Dugan@atf.gov

If additional information is required contact:

Melody Braswell

Department Clearance Officer

United States Department of Justice

Justice Management Division

Policy and Planning Staff

Two Constitution Square

145 N Street NE., 3E.405A

Washington, DC 20530

Relevant Links:

Action: 60 Day Notice of Information Collection for Review, Proposed eCollection eComments Requested; Extension, Without Change, of a Currently Approved Collection

ATF Form 6310.1, Arson and Explosives Training Registration Request for Non-ATF Employees

The following was posted in the Federal Register, November 9, 2017, Vol. 82, No. 216, Page 52071:

Summary:  The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. .

Dates: Comments are encouraged and will be accepted for 60 days until January 8, 2018.

For Further Information Contact: If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact:

Roderic Spencer

National Center for Explosives Training and Research (NCETR)

3750 Corporal Road

Redstone Arsenal, AL 35898

Or by email:

Roderic.Spencer@atf.gov

If additional information is required contact:

Melody Braswell

Department Clearance Officer

United States Department of Justice

Justice Management Division

Policy and Planning Staff

Two Constitution Square

145 N Street NE., 3E.405A

Washington, DC 20530

Relevant Links:

Department of Defense Contractor Inspections: ATF Inspection Process

The following was posted by ATF on October 20, 2017:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for licensing persons, including Department of Defense (DOD) contractors servicing the U.S. Government, engaged in manufacturing, importing, and dealing in firearms and explosives. ATF conducts inspections of Federal firearms licensees and Federal explosives licensees and permittees to ensure compliance with laws and regulations associated with the firearms and explosives industry. The following discussion of ATF’s compliance inspection process is intended to help Federal firearms or explosives licensees who are DOD contractors prepare for and participate in an ATF compliance inspection, and it should help minimize any intrusion and on-site complications during such inspections.

Inspection Preparation

It is important that DOD contractors understand and are able to articulate the recordkeeping and reporting responsibilities for both DOD and commercial production, variances, product identification and marking standards relative to Defense production and explosives storage requirements to the ATF industry operations investigators (IOIs) at the pre-inspection phase of the on-site inspection.

Pre-Inspection

  • The lead ATF IOI generally will contact the licensee’s listed “Responsible Person” or point of contact in advance of an inspection. This contact may be by phone or in person, and it occurs several days before the actual on-site start of the inspection. During the preinspection discussion, the IOI will explain the purpose of the inspection.
  • During the pre-inspection contact, the IOI will review the licensee’s business operations, including products, and current licenses and permits. The IOI may request copies of U.S. Government contracts, both primary and secondary contractor information, any issued variances, and other documents relating to the licensee’s operations. This information helps determine the course of ATF’s inspection.
  • The licensee should provide the name and contact information of its Defense Contract Management Agency point of contact (quality assurance representative or administrative contracting officer), if any. The IOI will ask the licensee or point of contact about topics that may include: 1) exempted items; 2) commercial products commingled with exempted items and the effect of the commingling on recordkeeping; and 3) registration of certain commodities.
  • The licensee should explain DOD security protocols and procedures, including requirements for safety training and access to the facility. For security reasons, ATF will provide the IOI’s personally identifiable information to the DOD representative, and IOIs will not provide the information directly to the licensee. The licensee should provide the IOI with the appropriate contact information for the DOD personnel who will facilitate the IOI’s access to the licensee’s premises.

Opening Conference

  • The inspection will occur during the licensee’s business hours or at an agreed-upon time.
  • The IOI will verify the licensee’s corporate structure and request current lists of responsible persons and employee possessors.
  • The IOI will review all Federal firearms licenses and explosives licenses/permits, special (occupational) tax stamps, and any other licenses or permits necessary to operate. If the licensee services a DOD contract, the IOI may ask about the terms of the contract as necessary.
  • The IOI will review any variances held by the licensee.
  • The IOI may request more specifics on the licensee’s business operations – including information on U.S. Government sales, direct commercial sales (including foreign government sales), manufacturing or importing activities, subcontractors, and shipping procedures – in order to streamline the on-site inspection and make a determination between commercial products and goods destined for DOD use.
  • The IOI may request a tour of the facility to become familiar with the location of records, storage facilities, etc.
  • If the inspected company is a Federal explosives licensee or permittee, the IOI will request a plat plan. If permissible, the IOI will take photographs to validate the plat plan and table of distances.
  • The IOI may request other supplemental records, including Department of Defense magazine information, DODIC numbers, safety data cards, State Department Directorate of Defense Trade Controls registration information, purchase orders, shipping documents, bills of lading, invoices, DSP-5, DD1348 – Issue Release Documents, DD1149- Requisition and Invoice Shipping Documents, DD 250 – Material Inspection and Receiving Reports, documentation that Certified Statements of Use were provided to suppliers, and other records.

Records/Inventory/Storage Review

For firearms:

  • The IOI will review the licensee’s Acquisition and Disposition Record and related records for accuracy and completeness regarding commercial production. The IOI will also examine the records to verify exemptions. (Manufacturing firearms on behalf of the U.S. Government is not an exempt activity.)
  • For firearms manufacturers, the IOI will review the Manufacturer Acquisition and Disposition Record. The IOI may ask to see the annual National Firearms Act (NFA) exemption letter if the licensee is manufacturing NFA weapons for the U.S. Government, and the IOI will validate exemptions if and when applicable.
  • The IOI will conduct a physical inventory and reconcile it against the Acquisition and Disposition Record and the Daily Summary of Magazine Transactions, if applicable. This will help the IOI distinguish between Department of Defense exempt products/storage and commercial products.
  • The IOI may request documentation to confirm that items are exempt under Title 27, Code of Federal Regulations, Parts 478.141 and 555.141.
  • The IOI will request to see any applicable variances for residual completed munitions (e.g., remnants and rejects) that are not part of a U.S. Government contract and are not marked, registered, or stored properly.
  • The IOI will review Importer Forms 6 and 6A.
  • The IOI will examine NFA Forms 2, 3, 5, and 9 and will compare those documents with the licensee’s Acquisition and Disposition Record and the National Firearms Registration and Transfer Record.

For non-exempt explosives:

  • The IOI will review the licensee’s Acquisition and Disposition Record and related records for accuracy and completeness.
  • The IOI will conduct a physical inventory and reconcile it against the Acquisition and Disposition Record and the Daily Summary of Magazine Transactions.
  • The IOI will inspect explosives storage magazines and process buildings.
  • The IOI will verify that products originally manufactured as explosives and then manufactured into a destructive device appear in both the explosives and firearms Acquisition and Disposition records or records of manufacture. The IOI will also verify commercial markings and markings pertaining to a DOD contract.
  • The IOI will request to see applicable variances for residual completed munitions (remnants and rejects) that are not part of a U.S. Government contract and are not marked, registered, or stored properly.

Closing Conference

The IOI will hold a closing conference with a Responsible Person to discuss inspection findings. If violations are found, the IOI will issue a Report of Violations and discuss it with the licensee.

Relevant Links:

What to know more about about preparing for an ATF inspection?

FFLBizHub.com

FBI NICS Section Notice: e-Check Issues

On October 13, 2017 FBI NICS announced the following:

Yesterday the NICS Section acknowledged a known issue with the NICS E-Check.  This issue is impeding the ability of some users from successfully logging onto the system.  Please note that if you are among these impacted users, you will require a password reset.  If you have a Primary User or an Org Lead in your store, please have them contact the FBI NICS Section.  After the Primary User/Org Lead has been reset, he/she will then be able to handle the reset of any other impacted users within your company.  By utilizing the link below, you can report a problem with your E-Check account and you will be notified via email as soon as it has been resolved.  You may also contact the NICS customer service at 877-324-6427, option 2.  The NICS customer service is available from 12 pm until 5 pm ET.  Please be patient with us as we are experiencing an increase in requests as this time.

https://forms.fbi.gov/assistance-with-nics-processing-issues

Should a user need a refresher on how to reset passwords, please see the link below that provides video tutorials for functionality in the NICS E-Check.  There is a tutorial specifically dedicated to the Reset Password process.

https://www.fbi.gov/services/cjis/nics/e-check-tutorial-videos-for-ffls

For a detailed explanation as to why the NICS E-Check has been impacted, please read below:

The Law Enforcement Enterprise Portal (LEEP) implemented a 90-day password change policy that began on October 12, 2017.  This policy is an FBI Security policy that requires the active user to change their password every 90 days or their password will be scrambled at day 91. Two email notifications are sent to the user via their registered email address in their profiles at days 15 and days 5 before the password scramble policy is triggered.  A problem occurred on this initial round of the new policy where some of the notifications at 15 and 5 days did not go out.  That problem is being evaluated to ensure notifications do go out in the future to all users that will need to change their password.

Thank you,

The NICS Business Relations Team

Questions or Concerns:

NICS Business Relations Team
304-625-7387

Munitions Law Group to Provide Legal Publications to FFLBizHub.com

(Hartford, CT, October 16, 2017— Munitions Law Group, Cheshire DeBrosse, P.C. a leading firearm industry full-service law firm, with offices in Atlanta, GA and Columbus, OH, will provide regular publications on FFLBizHub.com related to general legal issues affecting firearms businesses.

“The addition of these regular publications to FFLBizHub.com adds a layer of significant value to those seeking an FFL or managing the growth of an existing business,” says Alexis Tunell, Executive Director of FFLBizHub.com. “As a former participant in the Orchid / NSSF Firearms Industry Compliance Conference, we’ve held Clay Cheshire, co-founder of Munitions Law Group, in very high regard.  We anticipate that these publications will be valuable to our members.”

Munitions Law Group will provide information on a variety of general legal issues pertinent to FFLBizHub.com Members, such as:

  • Entity Formation and Governance
  • ATF Licensing
  • Ongoing Compliance Obligations
  • Firearms and Ammunition Excise Tax (“FAET”) and Tax and Trade Bureau (“TTB”) audits
  • Mergers, Acquisitions and Sales
  • Dissolution/Wind-Up

About FFLBizHub.com

FFLBizHub.com is a trusted platform that facilitates entry, licensing and growth in the firearms industry. Its members gain access to low cost, high value tools for running their business operations while navigating Federal ATF and State firearms compliance. FFLBizHub.com was developed in conjunction with the four leading industry associations and participating software and service providers. For more information visit FFLBizHub.com.

About The Munitions Law Group, Cheshire DeBrosse, P.C.

Munitions Law Group (“MLG”) is a hybrid boutique/full-service law firm that handles – exclusively – firearms, explosives, and other defense articles and sporting goods issues for companies and individuals in the United States and internationally. MLG serves as premier outside legal point of contact for members of the Firearms Industry. MLG’s mission is to provide top-notch, but cost-effective, legal services to its clients. The firm has attorneys in multiple states, with its primary offices in Atlanta, Georgia and Columbus, Ohio. MLG attorneys have represented clients in 38 states and 14 foreign countries.

FFLBizHub.com

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