Explore The NRA Universe Of Websites

APPEARS IN News

BATFE Rings in the New Year with More Executive Gun Control

Friday, January 9, 2015

BATFE Rings in the New Year with More Executive Gun Control

On January 2, BATFE issued its first ruling of 2015.  Identified as ATF Rul. 2015-1, it significantly expands the scope of activities that BATFE considers to be “manufacturing” for purposes of the Gun Control Act (GCA).  While BATFE claims this ruling is simply a “clarification” of their prior position taken in ATF Rul. 2010-10, 2015-1 is clearly an attempted expansion of the definition of manufacturing.

The GCA primarily regulates commercial actors in the firearm industry.  Only those “engaged in the business” of dealing, manufacturing, or importing firearms are required to have the applicable Federal Firearm License (FFL).  As applied to manufacturers, a person is “engaged in the business” of manufacturing firearms, and must therefore be licensed and serialize any firearm manufactured, when the person “devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of firearms manufactured.”  The GCA also makes an allowance for licensees who hold only “dealer” licenses to engage in common gunsmith activities including “repairing firearms or … making or fitting special barrels, stocks, or trigger mechanisms to firearms . . . .” 

In the ruling, BATFE goes through several contortions of the English language to reach conclusions that severely complicate the making of firearms for private (i.e., noncommercial) use.  Along the way, BATFE proposes two important thresholds in the manufacturing process.  First, when sufficient manufacturing is performed on a receiver blank, often referred to as an “80% receiver,” so that it legally becomes a “frame or receiver” of a firearm.  Unfortunately, the ruling does little to identify exactly when a receiver blank becomes a frame or receiver.  The second threshold is crossed when something that may already legally be a “frame or receiver” is made suitable, or more suitable, for use as a functional firearm.

According to the new ruling, “when a person performs machining or other manufacturing process on a blank to make a firearm ‘frame or receiver,’ or on an existing frame or receiver to make it suitable for use as part of a ‘weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,’ that person has performed a manufacturing operation other than what is contemplated by the GCA of dealer-gunsmiths ….”  It’s unclear how this new threshold approach will play out in practice.  If each step is carried out by a different subcontractor, the ruling would seem to require that each frame or receiver so “manufactured” would have to be serialized and marked by each subcontractor.

The logic in the ruling is stretched especially thin where it describes when the “sale or distribution” of a firearm necessary to trigger the manufacturer licensing requirement.  BATFE claims a sale or distribution includes situations in which a gunsmith receives a firearm from a manufacturer, performs a “manufacturing operation,” and then returns the firearm to the same customer.  The ruling states:

BATFE claims a sale or distribution includes situations in which a gunsmith receives a firearm from a manufacturer, performs a “manufacturing operation,” and then returns the firearm to the same customer.Although licensed gunsmiths return firearms to their customers after performing the contracted work, the GCA does not consider this to be a sale or distribution of the firearms manufactured. This is because the returned firearm has only been repaired or temporarily received for custom work – it has not been machined in a manner or otherwise created or made suitable for use as part of a weapon. However, when a licensed gunsmith takes in a frame or receiver to perform machining or other manufacturing process, that gunsmith “distributes” a firearm to the customer upon return because that manufacturing activity results in the making of a different “frame or receiver” and also a “weapon … which will or is designed to or may readily be converted to expel a projectile” – both defined separately as a “firearm” under the GCA.

Unfortunately for gunsmiths, the ruling gives no guidance to determine the difference between “custom work,” which seemingly is not considered manufacturing, and “machining,” which is manufacturing (at least when one of the identified thresholds is crossed) and would therefore require a gunsmith to comply with all of the GCA’s requirements for licensed manufacturers. 

While the GCA’s requirements for obtaining a manufacturer’s license may not appear substantially more difficult than obtaining a dealer-gunsmith license at first glance, there are numerous requirements beyond obtaining the additional license.  Not only must a manufacturer obtain a slightly more expensive manufacturer’s license, but manufacturers are required to serialize and mark every firearm or receiver they manufacturer and the markings must comply with specific requirements in federal law.  Manufacturers are also subject to additional record keeping requirements beyond those required of a licensed dealer.  Perhaps most importantly for dealer-gunsmiths, if merely working on a firearm means that a new firearm is manufactured, the GCA would prohibit return of the “new” firearm to the owner without a background check, and, in the case of an owner who lives in another state, the “new” firearm must first be transferred to a licensed dealer in the owner’s state of residence.  On top of the GCA requirements, the International Traffic in Arms Regulations require anyone who manufacturers firearms to complete a costly annual registration.  With all of these additional costs, some dealer-gunsmiths could be forced to abandon their current gunsmithing work.

In addition to limiting the machining work that gunsmiths can engage in, the ruling claims that an FFL not licensed as a manufacturer or an unlicensed machine shop may not allow unlicensed persons to “initiate or manipulate a CNC machine, or to use machinery, tools, or equipment under its dominion or control to perform manufacturing processes on blanks, unfinished frames or receivers, or incomplete weapons.”  This portion of the ruling appears to require any business that rents out its machinery or tooling to ensure that the tooling is not used in any part of the manufacturing of a firearm or of a firearm frame or receiver.  It’s unclear how BATFE reaches this result without completely rewriting the GCA’s definition of manufacturing, which BATFE does not have the authority to do by formal regulation, much less an informal “ruling.”     

Although BATFE may have intended this ruling to act as a “clarification,” the new guidelines raise far more questions than they answer.  In fact, the only thing truly “clarified” by this ruling is that the Obama administration will continue to bypass Congress with more executive gun control measures. 

TRENDING NOW
Bye-Bye, Biden! Trump Inauguration Signals Sea Change on the Second Amendment

News  

Tuesday, January 21, 2025

Bye-Bye, Biden! Trump Inauguration Signals Sea Change on the Second Amendment

Some elections are won and lost on narrow grounds. But on many of the most important issues of the day, Donald Trump’s policies promise not just to be different from, but the opposite of, Joe ...

Will the DNC go Hogg Wild?

News  

Tuesday, January 21, 2025

Will the DNC go Hogg Wild?

We haven’t written much about one of America’s most irksome or notorious or galling  gun-ban extremists, David Hogg, in quite some time.  

ATF (Sort of) Walks Back Braced Pistol Comments

News  

Tuesday, January 21, 2025

ATF (Sort of) Walks Back Braced Pistol Comments

Last week, we reported that an unnamed ATF official, speaking for the agency’s Firearms Industry Programs Branch (FIPB), counseled a gun owner via ATF’s official email that ATF considers all pistols equipped with stabilizing braces ...

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

Saturday, January 18, 2025

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

This coming Tuesday is going to be a critical day for law-abiding gun owners across Washington, with three separate hearings scheduled to review anti-gun legislation. 

“Public Order” at the Cost of Public Order

News  

Tuesday, January 21, 2025

“Public Order” at the Cost of Public Order

In recent years, the United Kingdom has served as a cautionary tale for what can happen when citizens don’t adequately safeguard individual rights - most notably, the right to free speech and the right to ...

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

NRA Files Lawsuit Challenging Recreational Shooting Ban on Sonoran Desert National Monument

Tuesday, January 21, 2025

NRA Files Lawsuit Challenging Recreational Shooting Ban on Sonoran Desert National Monument

On January 17, the NRA joined the U.S. Sportsmen’s Alliance Foundation and Safari Club International in filing a lawsuit against the Bureau of Land Management (BLM) over its near prohibition on recreational target shooting on ...

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Wednesday, January 15, 2025

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Yesterday, NRA filed an amicus brief supporting firearm manufacturers in a case where the plaintiffs allege that the manufacturers’ pro-Second Amendment social media posts caused a third party to commit a horrific public shooting.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

California: DOJ Announces Proposed Rulemaking on Carry Concealed Weapons Licenses

Tuesday, January 14, 2025

California: DOJ Announces Proposed Rulemaking on Carry Concealed Weapons Licenses

The California Department of Justice announced proposed rulemaking on Carry Concealed Weapons License regulations, including the qualifications required to apply for a license and to be a CCW DOJ Certified Instructor. This package of proposed ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.