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Washington, DC -(AmmoLand.com)- On May 26, 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published in the Federal Register a notice of proposed rulemaking (NPRM).
The NPRM seeks public comment on proposals to amend the regulations in Title 27, Part 478 of the Code of Federal Regulations (C.F.R.) to (1) implement the Gun Control Act (GCA) requirement that applicants for firearms dealer licenses certify the availability of secure gun storage or safety devices, and (2) amend the definition of “antique firearm” to include certain modern muzzle loading firearms.
Background
The NPRM proposes implementing amendments made to the GCA back in 1998. These amendments included a provision requiring applicants for a firearm dealer license to certify the availability of secure gun storage or safety devices at any place where firearms are sold under the license to nonlicensees. ATF had previously implemented this provision by requiring a certification on ATF Form 7, Application for Federal Firearms License, Block 27. However, no change was made to the regulations.
The NPRM also proposes adding language to the definition of “antique firearm” in 27 C.F.R. § 478.11 to reflect changes made to the statutory definition of the term in 1998 and to make conforming amendments to the definitions of “rifle” and “shotgun.”
Proposed Changes to Regulations
ATF proposes the following amendments to the regulations implementing the GCA:
1. Add A New Section 478.104 in Title 27 C.F.R.
- The section would mirror the statutory language requiring applicants for firearms dealer licenses to certify on ATF Form 7 that secure gun storage or safety devices will be available at any place where firearms are sold to nonlicensed individuals.
- The section would add a new requirement that applicants for licenses certify the secure gun storage or safety devices are compatible with the firearms offered for sale.
- The certification would not be limited to applicants of dealer licenses. Rather, Section 478.104 would also require that persons applying for a manufacturer or importer license also make the certification if the applicant will engage in dealing the same type of firearms authorized by the license to be imported or manufactured. ATF explains this position is based on regulations (27 C.F.R. § 478.41(b)) that authorize licensed importers and licensed manufacturers to engage in the business as a dealer without obtaining a separate dealer’s license.
2. Authorize ATF to Revoke Licenses
- 27 C.F.R. § 478.73 would be amended to specifically authorize revocation of a license when ATF finds the licensee has failed to have available secure gun storage or safety devices at any place where firearms are sold to nonlicensees.
- This amendment would codify existing provisions of the GCA.
3. Expand the Definition of “Antique Firearm”
- The definition “antique firearm” in Section 478.11 would be amended by adding certain modern muzzle loading firearms. A new paragraph (c) would read as follows:
Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder, or a black powder substitute; and that cannot use fixed ammunition. For purposes of this paragraph (c), the term “antique firearm” does not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination thereof.
4. Amend Section 478.11 Definitions of Rifle and Shotgun
- Definition of “rifle” amended to remove the words “the explosive in fixed metallic cartridge” and replace them with “an explosive.”
- Definition of “shotgun” amended to remove the words “the explosive in a fixed shotgun shell” and replace them with “an explosive.”
Comments on the NPRM
ATF will accept comments through August 24, 2016 (written comments must be postmarked by this date). Comments must identify the docket number (ATF 24P) and may be submitted by any of the following methods:
- Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
- Fax: (202) 648-9741.
- Mail: George M. Fodor, Mailstop 6.N-523, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, 99 New York Avenue NE., Washington, DC 20226: ATTN: ATF 24P. Written comments may be of any length and must appear in a minimum 12-point type (.17 inches), include a complete mailing address, and be signed.
About Reeves & Dola:
Reeves & Dola is a Washington, DC law firm that specializes in helping clients navigate the highly regulated and complex world of manufacturing, sales and international trade of defense and commercial products. We have a deep understanding of the Federal regulatory process, and use our expertise in working with a variety of Federal agencies to assist our clients with their transactional and regulatory needs.
For more information, visit: www.ReevesDola.com.
The requirement for “secure gun storage and safety devices” referred to here require licensees to make these devices available to firearm purchasers in an effort to prevent minors from accessing the firearms, not for licensees to store their business firearms. Generally, it is “unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than [another licensee] unless the transferee is provided with a secure gun storage or safety device . . . for that handgun.” Four exceptions exist for the gun storage/safety device requirement: 1. The “manufacture for, transfer… Read more »
“Corruptisima republica plurimae leges.” (The more corrupt a republic, the more numerous its laws.) – Tacitus
PAJ, hear! hear!
I have a friend that went into the firearms business years ago. He decided to go brick and mortar because the ATF refused a license for a home based business amid security concerns. (So they said) He spent over 10K in safes to make the ATF happy. What does define secure storage. If you have state of the art security system,locks,window bars..ect. Ain’t that secured without $10K in safes ?
Recent neighbor did a “garage FFL.” He bricked up his garage entrance, camera inside andd outside. Commercial entry door with serious locks, closet with commercial door and locks, california approved gun safes. The three prohibiting locking doors is what got him in the green so quickly.
How many dealers at the gun shows have secure storage? Also would the ATFE not have to inspect to ensure any and all licensees have secure storage? What constitutes as “secure storage” and who decides?
I think you’ve hit the nail on the head right here.
‘(c), the term “antique firearm” does not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination thereof.’ The term “readily converted” is the red herring phrase: Any percussion revolver can be converted to fixed ammunition with a replacement cylinder and faceplate. Any traditional outside hammer muzzle loader can be converted to fire fixed ammunition via the allen or snyder system. Any break-action modern muzzleloader can be… Read more »
“27 C.F.R. § 478.73 would be amended to specifically authorize revocation of a license when ATF finds the licensee has failed to have available secure gun storage or safety devices at any place where firearms are sold to nonlicensees.” Call me stupid ( please don’t) but this doesn’t specify as to who the “available gun storage or safety devices ” applies to…the dealer or the buyer. Without this specificity, it appears to me, that the ATF can, at their discrimination, revoke a dealers license based on whether or not the dealer has avail be secure storage for its wares or,… Read more »
This is what the democratic socialists bring to our lives. Oh, by the way countries that have hade the moniker ‘democratic socialist’ in their official title include the now defunct East Germany and the best example, North Korea. Progressives, liberals, democratic socialists same crap with the same goals…control the masses.
Democratic socialism is NOT the same thing as communism. North Korea and the former East Germany were communist countries, NOT democratic socialist countries.
Everyone is missing the point here. They are forcing smaller shops out by making them have an armory storage. Read between the lines, non licensed owners will be then required to store at their facility. The government will know where all licensed guns are. The non licensed will have to borrow their guns to use them. This will make control/confiscation easier and restrict the flow of the lawful. Making for a more chaotic environment by the unlawful and a more dictatorial government.
The ATF is like the IRS, it needs a shock collar put on it to let it know what it’s place is!!!
Amen Brother!
The entire Gun Control Act with or without regulations or modifications in unconstitutional. Just ask a 7 or 8 year old to read the 2nd Amendment. They can clearly understand what is written there.
@JAMES, I concur, but the SCOTUS has found the GCA a legitimate of Congress’s power to regulate commerce. That is an elitist judicial lie. But we are stuck with the GCA, the NFA and the BATFE until we can get two houses of Congress and a President to agree to repeal them. It is long past time to have gotten rid of these insults to our intelligence.
I also concur. The GCA should be abolished.
ATF- An Treasonous UN_Elected foreign Agency that makes up random and arbitrary rules as it goes.
Get rid of the ATF.
Its all bullshi*
Did anyone say “fast and furious” ??
ATF sells guns to drug dealers at Obama’s request.
Obama and Hillary running guns to terrorist through Benghazi. And to isis aka turkey militants.
So, who are the real criminals here?
They should be held accountable.
This change of language noted above is just another unlawful law change without congress.
Tell the ATF to ask Congress for permission.
4. Amend Section 478.11 Definitions of Rifle and Shotgun
Definition of “rifle” amended to remove the words “the explosive in fixed metallic cartridge” and replace them with “an explosive.”
Definition of “shotgun” amended to remove the words “the explosive in a fixed shotgun shell” and replace them with “an explosive.”
QUESTION
SO IF THE EXPLOSION DOES NOT HAVE TO TAKE PLACE IN A FIXED METALLIC CARTRIDGE,
Does that contradict Antique or muzzleloader exclusions?
The muzzleloaders would use black powder or a black powder substitute, while the proposed fixed metallic cartridge or shell rewrite doesn’t specify propellants. Perhaps they are concerned someone will figure out how to make “caseless” or some other non-metallic cased ammo work.
My understanding is that the “antique” designation for firearms using cartridges is based on year of manufacture and so wouldn’t be affected by this proposed change.