(Download) It’s important to stay on top of current events.  My guess is you get your news by one source or another; television, Internet, newspaper?  When you chose to become a Federal Firearms Licensee with the Bureau of ATF; you are also choosing to comply with the Federal Firearm laws and regulations that govern your firearms business.  In order to do so, it is crucial that you stay on top of the guidance and current events happening in the ATF Regulatory world.  A lot has changed since the National Firearms Act of 1934, the Gun Control Act of 1968, and the Arms Export Control Act of 1976 were enacted.  In fact, many of the “norms” these days really didn’t exist back then; the use of sub-contracted manufacturing vendors, handguns that shoot shotgun shells, even computerized Acquisition & Disposition Records.  The industry has evolved.  However, these three concepts and many others aren’t mentioned at all in the ATF Federal Firearm Reference Guide, ATF P 5300.4.  To communicate guidance concerning the modern day, ever-changing “norms”, the ATF has developed additional ways to communicate the regulatory requirements and further explain their interpretation of the laws and regulations.  They typically do so in three main outlets: Open Letters, ATF Rulings, and ATF Newsletters.  All of which can be found on their website. Open Letters are typically letters that are issued to communicate broad changes to the broad FFL population.  They aren’t always scheduled long in advance as some other forms of communication; they often cover quick, current changes that are time sensitive.  At times Open Letters are addressed to all FFLs nationwide when discussing things such as “Prohibited Transfer of Firearms to Foreign Purchasers”.  These letters also can be addressed to FFLs in specific states, explaining how certain state laws relate to FFLs obligations under federal law and regulation. For example, on June 3, 2014 ATF issued an Open Letter to all Federal Firearms Licensees in West Virginia.  This letter detailed the changes in West Virginia Concealed Handgun Licenses (CHL) and how it currently qualifies as an alternative to the Brady Law (NICS). It further detailed the steps that would be required federally when transferring firearms using this alternative license.  ATF Rulings are designed to instruct the firearms industry on how to apply and interpret the laws and regulations in a consistent manner, on a daily basis.  Rulings are used to set precedents but don’t have the same force and effect as the ATF regulations themselves.  When rulings are issued they typically apply retroactively unless indicated otherwise. The most recent ATF Ruling was issued September 4, 2014 and was titled “2014-1 Manufacturing/Inventory of Machineguns for LE and the Military”.  This ruling provided ATF’s guidance on how machinegun manufacturers should properly conduct operations utilizing sub-contracted vendors and the applicable record keeping requirements. ATF Rulings are known to cover some of the newest industry practices and provide clarification and permission on practices such as temporary assignment of firearms to employees of an FFL without conducting a “transfer”, consolidating ATF required records for firearm manufacturers, and the use of electronic A&D Books. Rulings often grant permission, but be sure to read through the entire ruling because found within are often several provisions that must be met in order to be in compliance.   Lastly, ATF FFL Newsletters have been around for a quiet a long time; the oldest archived on ATF’s website called “ATF Fast Facts” is dated February 1979. These multi-page newsletters have been issued anywhere from once a year to once a quarter and at times have included multiple volumes (I and II).  The standard time release time is semi-annually.   They cover several topics of interest to the industry and often provide guidance on everyday issues that affect firearm businesses.  This is where you will learn of ATF’s “best practices” and voluntary internal control suggestions to help promote compliance. The latest ATF Newsletter is dated September 2013; this edition included the following topics:

• Private Party Transfers Updated ATF Website
• Top 8 Questions Asked by FFLs on the ATF Website
• Use of Computerized Software
• Guidance for Requesting Marking Variances
• Personal Firearms Record
• Updated Most Frequently Asked Questions
• eForms News
• FFLs May Ship Firearms to Locations Other than the Business Premises Address
• National Firearms Act Firearms in Estates Sales to Law Enforcement
• Retention of Registered Machineguns by Licensees Who Discontinue Business

Stay tuned; ATF has announced that a new ATF Newsletter would be coming out soon!  As you know there is a lot of information to keep track of when you are a firearms licensee, regardless of the license type. It’s important that you do everything you can to stay on top of the changes to federal firearms laws, regulations and the interpretation of them too!  Times are a changin’ and you must know how those changes affect you and your business; to set your path for compliance and success!