News & Analysis as of

ATF Firearms

Wiley Rein LLP

Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms

Wiley Rein LLP on

In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the...more

Newburn Law

Understanding Gun Trusts: A Comprehensive Guide For Firearm Owners

Newburn Law on

A gun trust is a specialized legal tool designed to help firearm owners manage and transfer firearms in compliance with federal and state laws. It provides a secure framework for owning, managing, and passing down firearms,...more

Epstein Becker & Green

Bump Stock Ruling May Presage Loper—and Clearer Answers to Immigration and Bankruptcy Questions - SCOTUS Today

Epstein Becker & Green on

Splitting along predictable philosophical lines, the Supreme Court held last week in Garland v. Cargill that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded its statutory authority by issuing a rule...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Garland, Attorney General et al. v. Michael Cargill

On June 14, 2024, the U.S. Supreme Court decided Garland v. Cargill, holding that semi-automatic rifles equipped with bump stocks are not “machineguns” under the National Firearms Act of 1934, and the Bureau of Alcohol,...more

Cranfill Sumner LLP

Fifth Circuit Court of Appeals Strikes Down Biden Administration’s “Ghost Gun” Rule

Cranfill Sumner LLP on

In April 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives finalized a rule designed to address so-called “Ghost Guns” or “Personally Manufactured Firearms” (PMFs). PMFs are unfinished firearm parts, frequently...more

Fox Rothschild LLP

Third Circuit Steps into “Range” with A New 2nd Amendment Case.

Fox Rothschild LLP on

We repeat what we wrote in the blog post of May 12. This is not a 2nd Amendment blog. But since the N.Y. State Rifle case was issued by the U.S. Supreme Court, it seemed clear that a lot of law restricting who could keep...more

Cozen O'Connor

DC AG Racine Leads Amicus Coalition Against Ghost Guns

Cozen O'Connor on

District of Columbia AG Karl Racine led an attorneys general coalition of nineteen states and the District of Columbia in filing an amicus brief in support of a Final Rule promulgated by the Bureau of Alcohol, Tobacco and...more

Williams Mullen

ATF Regulations Reloaded

Williams Mullen on

On March 17, 2022 the Williams Mullen’s Firearms Industry Group issued an alert, “ATF Regulations Coming: (re)Defining a "Firearm," Stabilizing Braces and Solvent Traps,” in which we noted the ATF has been busy and will be...more

Williams Mullen

ATF Regulations Coming: (re)Defining a "Firearm", Stabilizing Braces and Solvent Traps

Williams Mullen on

The ATF has been and will be busy in the coming weeks and could issue new regulations before the 2022 Firearms Industry Conference (FIC), April 26 – 27 in Atlanta, Georgia.  (re)Defining a "Firearm" - In May 2021,...more

Wiley Rein LLP

ATF Issues New Rule Amending Secure Gun Storage Requirements

Wiley Rein LLP on

On January 4, 2022, the Department of Justice (DOJ) announced a new rule governing secure storage requirements for federal firearms licensees (FFL). The new rule goes into effect on February 3, 2022. DOJ also announced that...more

Cozen O'Connor

Republican And Democratic AG Groups Submit Comments To ATF On Proposed Rule Clarifying Scope Of Gun Control Act

Cozen O'Connor on

A group of 20 Republican AGs, led by Arizona AG Mark Brnovich and West Virginia Attorney General Patrick Morrisey, and a separate group of 22 Democratic AGs, led by District of Columbia AG Karl Racine, New Jersey Acting AG...more

Williams Mullen

State and Local Law Compliance is Essential to E-Commerce Success in Sale of Firearms and Related Accessories

Williams Mullen on

Selling firearms and related accessories through e-commerce poses a unique challenge to vendors selling products online. Complex compliance issues are present in each transaction because every item must be sold in compliance...more

Williams Mullen

Online Gun Sales: Four Aspects of Effective and Compliant E-Commerce Sales Terms

Williams Mullen on

As firearms industry participants well know, gun sales continue to break records. Last year alone, nearly 40 million National Instant Criminal Background Check System (NICS) checks were performed....more

Williams Mullen

[Event] 2021 Firearms Industry Compliance Conference - June 8th - 9th, Orlando, FL

Williams Mullen on

Orchid LLC and Williams Mullen’s Firearms Industry Group will host the 2021 Firearms Industry Compliance Conference (“FICC”)... The 2021 conference is designed primarily for manufacturing CEO / owners, attorneys, and...more

Williams Mullen

PODCAST: GovCon Perspectives - Are You Interested in Investing in a Company With a Federal Firearms License (FFL)?

Williams Mullen on

If you’re thinking about lending to a firearms industry member, you need to take special precautions. Firearms laws are complex, and impact multiple aspects in transactions. This podcast touches upon major areas of which you...more

McAfee & Taft

Firearms or marijuana? Federal law says you can’t have one with the other

McAfee & Taft on

With the medical marijuana licensing process now underway in Oklahoma, it might be well to consider some of the effects that holding a patient or commercial license have on an individual’s ability to exercise the right to...more

Williams Mullen

2017 Highlights the Importance of State Law Compliance in the Firearms Industry

Williams Mullen on

The firearms industry had a strong year in 2017 and will again kick off the new year with the Shooting, Hunting, Outdoor Trade Show (SHOT Show), the global trade show for all professionals involved with the shooting sports,...more

Seyfarth Shaw LLP

ATF Final Rule 41F – Background Checks for Responsible Persons

Seyfarth Shaw LLP on

Seyfarth Synopsis: Going forward, ATF’s new rule on applications by a trust or legal entity to make or transfer NFA firearms, requires that they be submitted on new forms — including background checks. The Bureau of...more

Williams Mullen

New ATF Ruling Allows Cloud-Based Storage of Acquisition and Disposition Records

Williams Mullen on

The ATF has just released a new ruling — ATF Ruling 2016-1 — that modernizes the procedures for federal firearms licensees to keep their acquisition and disposition records in electronic format. The former procedures under...more

Williams Mullen

Firearms Industry Alert: Obama’s Executive Order Broadens Regulation, Highlights Compliance Challenges

Williams Mullen on

This article is a preliminary report on the Obama administration’s action on gun control, which was announced on January 5, 2016, and provides a brief overview of the proposed action. We will provide more in-depth analysis...more

Seyfarth Shaw LLP

ATF Explosives Compliance Inspection Enforcement Facts and Figures

Seyfarth Shaw LLP on

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has posted its Fiscal Year (FY) 2014 enforcement Facts and Figures. During FY 2014 the Bureau conducted 4,006 explosives compliance inspections. Of those,...more

Seyfarth Shaw LLP

ATF Institutes a Voluntary Magazine Identification-Labeling Program

Seyfarth Shaw LLP on

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in its recent ATF EXPLOSIVES Industry Newsletter, informed the industry of a new voluntary “process to better track industry-owned explosives storage magazines.”...more

Williams Mullen

State and Local Law Compliance is Essential to E-Commerce Success in Sale of Firearms and Related Accessories

Williams Mullen on

Selling firearms and related accessories through e-commerce poses a unique challenge to vendors selling products online. Complex compliance issues are present in each transaction because every item must be sold in compliance...more

Williams Mullen

Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Williams Mullen on

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s...more

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