(Download the full Advisory) Who is the ATF and How Do I Contact Them? It is not uncommon to view a visit from any regulatory agency with a bit of anxiety. But, we still have an obligation to comply and it is helpful to understand how their resources, whether limited or plentiful can help us achieve our goals in the industry. There’s a myriad of ways in which the ATF can support your compliance efforts before “the big day” (i.e., inspection time). The ATF, or The Bureau of Alcohol, Tobacco, Firearms and Explosives is headquartered in Washington, D.C. and reports into the Department of Justice. According to the ATF’s website, their mission is as follows: “ATF is a unique law enforcement agency in the United State Department of Justice that protects our communities from violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products. We partner with communities, industries, law enforcement, and public safety agencies to safeguard the public we serve through information sharing, training, research and use of technology.” In order to operate your FFL in a compliant manner, you will likely interact with one or more of the ATF’s Service Centers or Regional Offices. A description of the Service Centers and critical information about each one has been provided below. But take note, this information is enough to get you started. If you have any additional questions, contact an Orchid Advisors Compliance Expert. Service Centers and Offices - ATF Firearms Technology Branch (FTB)
- ATF National Tracing Center (NTC)
- Federal Firearms Licensing Center (FFLC)
- National Firearms Branch (NFA)
- Other service centers such as the Imports Branch are not covered here but can also be viewed on the ATF website.
What is the ATF Firearms Technology Branch (“FTB”)? Let’s start with the ATF acronym that you might not know “FTB.” FTB is the “Firearms Technology Branch” of the ATF, and it provides expert technical support. FTB is the office that provides opinions on the classification of firearms, using expert technical services, a reference firearms collection, and a specialty reference library and other resources. In one Congressional Report from 2005, just by way of historic reference, it was at that time, As reported by the ATF in a Congressional Report from 2005, the agency at once had over 300 cubic feet of classification letters stored in file cabinets! You might have heard of the FTB in the context of providing expert witness services to prosecutors, for example, in an NFA firearms case that includes a demonstration on how a semi-automatic firearm can be readily converted or restored to an automatic firearm. The FTB is available to manufacturers (and other FFLs) on a proactive basis. Perhaps you are designing the next great consumer product and you want to know: (1) At what point in the process is this “thing” truly a firearm?; (2) How should that “thing” be classified? As a Pistol, a Rifle, or Any other Weapon, for example. The FTB can help answer these questions. To obtain a classification letter from the FTB, you can submit a firearm via approved methods and include return postage and shipping information. Make sure that the firearm is compliant and properly marked! You can also include any documentation relevant to the examination. Don’t yet have a physical firearm? The FTB will work from diagrams and drawings, but may request a physical sample prior to issuing a final classification letter. Interested in determining how you can and should work with with the FTB, contact Orchid’s expert firearms manufacturing compliance team. We are here to help. We’ve also provided a short presentation from the FTB for your reference.
What is the ATF National Tracing Center (“NTC”)? The next ATF function is to support international, Federal, State, and local law enforcement agencies in conducting firearm traces for U.S. and foreign manufactured firearms. How about a spin through the services offered to FFLs by the “NTC.” “NTC” stands for “National Tracing Center,” and they are located in West Virginia. The NTC handles reports made by FFLs after a firearm is deemed stolen or lost from an FFL’s inventory, amongst other reports. Please reference the ATF’s Theft / Loss form (ATF Form 3310.11). For more information on completing the ATF Form 3310.11, see the Orchid Advisors’ Firearms Compliance University. In performing its functions, the NTC may be searching records submitted via the Access 2000 program or even those submitted by to the Out-of-Business (ATF OOB) branch. (Don’t overlook the importance in this conversation of submission of out-of-business records to the ATF, specifically to support this function.) The NTC is also responsible for collecting the ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers from FFLs. Generally speaking, this form is completed when the FFL sells two or more pistols or revolvers or any combination of pistols or revolvers totaling two or more at one time or during five consecutive business days to an unlicensed party. The specific regulations can be found in ATF Publication 5300.4. On the NTC’s website, they also offer guidance on Firearm Safety and Security, submitting Out-of-Business FFL Records, and FFL Disaster Preparedness. Need assistance in completing these forms or designing custom ATF Tracing or Multiple Sale reporting procedures? Orchid Advisors can help and has plenty of services located on our Firearms Dealer Services site. Or, learn more about the future of the NICS system at the Orchid Advisors Firearms Compliance Conference being held in Miami this October. Jill Montgomery, FBI Supervisory Liaison Specialist, will be delivering a presentation that you won’t want to miss. Now, in our virtual tour of the ATF offices helping both Federal Firearm Licensees and law enforcement alike, no tour of the ATF would be complete without some reference to paperwork. Think about it. We mentioned (above) a statistic on the amount of papers accumulated in filing cabinets at the FTB offices. Much, of course, is now becoming electronic. Whether it’s expressed in filing cabinets or bytes, what else is managed by the ATF on our behalf? Add to our list: applications, changes of address or business name for Federal Firearms Licenses through the Federal Firearms Licensing Center; ATF Form 4473 purchaser background checks through NICS; and, NFA firearms registrations to make or transfer through the NFA Branch.
What is the ATF Federal Firearm Licensing Center (“FFLC”)? One of the busiest customer call centers in the ATF, the FFLC serves the licensed firearms dealers, pawnbrokers, importers, and manufacturers, in addition to thousands of non licensed members of the public who hope to obtain a Federal Firearm License. The FFLC is responsible for filing and maintaining license administration. You would potentially reach out to the FFLC with one of the following licensing concerns, amongst others: • Obtaining a new FFL (ATF Form 7) • Changing the Address of your FFL • Changing the Corporate Structure or Business name of your FFL • Adding or deleting Responsible People from your FFL • Corrections on your printed license (misspellings, etc) • Renewing your FFL • Surrendering your FFL The licensing center is a very busy place and the work among the FFLC examiners is broken down and distributed by geographical location. Feel free to contact the licensing center directly and speak to the examiner who is handling your licensing request for a status.
What is the ATF National Firearm Branch (“NFA Branch”)? Per the ATF’s website, the National Firearms Act (NFA) branch maintains the Firearms Registration and Transfer Record (NFRTR) and processes applications and notices associated with the manufacture, registration, transfer, and transportation of NFA Firearms. The NFA branch assists registrants of NFA firearms and members of the firearms industry in complying with Federal Law and regulations regarding the possession, movement, and transfer of NFA firearms; reports of loss or theft; and other NFA firearm issues. The NFA Branch is tasked with the issuing of the “Special Tax Registration and Return National Firearms Act (NFA)” (ATF Form 5630.7), also known as the SOT or “Tax Stamp”. This allows an FFL to apply for the ability to include NFA activities. The NFA Branch is also responsible for maintaining the ATF’s National Firearms Registration and Transfer Record (NFRTR). This accounts for the manufacture and movements of NFA firearms both domestically and internationally. As we have heard over the last few years, the number of NFA forms from the firearms industry has created a constant game of “catch-up” for this small ATF branch. According to the most recent statistics from ATF, there is still a delay worth noting, but they are making progress towards closing that gap with the hiring and training of resources. See the complete processing times here.
Concluding Thoughts on “Who is the ATF?”…. All of this adds up to nearly 5,000 ATF employees with an operating budget of more than $1 billion. So, even if you are a sole proprietor with a storefront dealership, it would appear that you’ve got a few employees working on your behalf. See the listing of contact information for all of ATF’s Service Centers here and add Orchid Advisors to your list for any questions or assistance you may need, we’re here to help! Sounds like it’s time for a lemonade and a hammock, don’t you think?
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