The Thompson submachine gun needs no introduction to most firearm enthusiasts. It was made popular by television shows from the 1960s and was often envisioned around the world as a “gangster’s” gun primarily used by criminals. Although somewhat true, its criminal use has overshadowed the Thompson’s service in World War II by the United States and many of her allies.

The Thompsons of the Roaring ‘20s

The first Thompsons made infamous by the likes of John Dillinger, Baby Face Nelson and others were manufactured by Colts’ Patent Fire Arms in 1921-1922. Colt was subcontracted by the Auto-Ordnance Corporation that did not have any facilities to manufacture the weapon. Only 15,000 were made. Later, due to slow sales, Auto-Ordnance reinvented the Thompson with the introduction of “new” models. These were nothing other than 1921 Models that were reconfigured to promote sales. Although the Thompson was tested by the U.S. military, few were purchased. In the end, Thompson sales were very slow, and with the bad publicity, the future of Auto-Ordnance Corporation appeared quite bleak. By all appearances, the concept of the Thompson submachine gun was a failure. The Thompson would have to wait for nearly 20 more years for its widespread acceptance by the U.S. military.

In the years following the Thompson’s production, the Auto-Ordnance Corporation was deep in debt. By all accounts, the Thompson submachine gun was a financial disaster.

Russell Maguire

During the late 1930s, war clouds were gathering in Europe. Russell Maguire was a shrewd businessman who believed that there soon would be a great worldwide demand for weapons. Maguire decided to purchase the failing Auto-Ordnance Corporation. Through some financial dealings and last-minute ultimatums, Maguire was able to obtain controlling stock in the Corporation.

Collect Colt or GI?

The dilemma facing many potential purchasers is which model to choose: the 1920s Colt-era Thompson, a military 1928 series or a military M1-M1A1 (Colt-era Thompson Models 1921A, 1921AC, 1928A, 1928AC, 1928 Navy or 1927).

The Colt-era model started life as a Model of 1921 The AC suffix designates that the muzzle has a Cutts compensator.

All Thompson submachine guns are expensive, but Colt Thompsons are VERY expensive and pretty much fit into the “advanced collector” category. The Colt gun spare parts are also unique, rare and expensive. Thus, owners of Colt Thompsons, as a general rule, don’t shoot them. Those who do, replace as many parts as they can with World War II Thompson parts. However, it isn’t practical to replace the barrel. Bulging a Colt barrel would be catastrophic; replacement barrels are very hard to find.

World War II Thompsons

Model of 1928, U.S. Model of 1928A1, Model of 1928AC* and M1-M1A1

During World War II there were approximately 1.5 million Thompson submachine guns manufactured. So, there are a fair number of transferable examples available for collectors. World War II Thompsons were made by Savage Arms, and starting in 1941 Auto-Ordnance opened their own factory. Parts are fairly common, but the supply grows smaller each year, as owners “stock up.”

The 1928 Model

On December 15, 1939, Savage Arms Company signed the first contract to manufacture the Thompson. The 1928 Model Thompsons were the very first Thompsons to come off Savage’s production line, and there were several variations. Many of these guns were sold to the British. A few were sold to Law Enforcement (LE) agencies in the U.S. The LE Thompsons are often referred to by collectors as “Savage Commercials.” The early Thompsons were fitted with finned barrels and Lyman adjustable rear sights and “knurled” cocking (actuator) handles and control levers. Early 1928 Thompsons were fitted with a vertical foregrip. The vertical foregrip of the Thompson submachine gun did not appeal to the U.S. Ordnance Department, and as a result, the vertical style foregrip was replaced by the horizontal grip on most U.S. military contract Thompsons.

U.S. Model of 1928A1

Thompsons made under contract for the U.S. military had “U.S.” and “A1” added to their receiver markings. These were typical issue U.S. military guns and were given to the Allies after the Lend Lease Act was passed. Early production of the U.S. Model of 1928A1 Thompsons had finned barrels and Lyman adjustable rear sights; later to expedite production and reduce cost, cooling fins were no longer machined onto barrels, and a simple L-type rear sight was fitted. Savage-made Thompsons have a letter “S” prefix serial number, and Auto-Ordnance Bridgeport guns an “AO” prefix serial number.

Model of 1928AC

The 1928AC Thompsons were originally U.S. Model of 1928A1 models but had the “U.S.” marking ground off, and the number “1” in “A1” was overstamped with a letter “C.” Often the serial number had a letter “X” prefix added. Most known examples are Auto-Ordnance Bridgeport production. These were intended primarily for U.S. law enforcement sales.

The receiver serial number of every 1928 and 1928A1 Thompson was also roll marked on the underside of the trigger frame, generally located in the area where the stock was attached. The buttstock must be removed to view the number.

It is quite common to find military issue guns with mismatched trigger frame and receiver serial numbers.

The M1 Thompson Submachine Gun

Late in 1941, the U.S. Ordnance Department had several meetings with Auto-Ordnance officials and engineers to discuss the immediate need to increase production of submachine guns by nearly 100 percent. In November 1941, the engineering staff at Savage began a study of how the M1928A1 model could be simplified. Consuming much of the manufacturing effort was the receiver, more specifically, the rails inside of the receiver that the bronze lock traveled on. The three-piece bolt/lock/actuator of the 1928 model was also labor-intensive to manufacture. The engineers at Savage doubted that the locking device was necessary. In late February of 1942, a prototype of the Savage “simplified” Thompson submachine gun was ready to be submitted to the Ordnance Department for testing. The Savage Corporation told Auto-Ordnance that it was submitting the redesigned Thompson, “ … without any claims for compensation, reimbursement, royalty or patent interest.” The updated Thompson was sent to Aberdeen Proving Ground for testing and evaluation. The Aberdeen trials of the new Thompson were concluded on March 21, 1942. The Aberdeen report stated that “The overall consideration of the mechanical functioning leads to the judgment that the gun as a mechanism is equivalent or superior to the M1928A1.”

One of the major design differences between the M1 Thompson and the M1928A1 model was that the M1 used a straight blowback design and did not use the actuator or controversial bronze “Blish” lock system. The M1 bolt assembly was a simple rectangular block of steel. This allowed the receiver to be redesigned for easier manufacture and its width reduced. The inside of the M1 receiver had a rectangular channel milled into it to accommodate the bolt. The internal felt oiler of the earlier 1928 model was eliminated. The cocking handle and slot were moved from the top of the receiver to the right side. Since drum type magazines had proven unsuitable for military use, the M1 series did not have the drum cutouts and used only stick magazines. Like the 1928 and M1928A1, the early M1 Thompson used a separate firing pin and spring, the same as used in the earlier models. A separate hammer was also used, but the hammers for the M1 were configured differently than that of the 1928 and M1928A1 models.

Both the pilot rod and the buffer were redesigned for the M1 receivers. The pilot rod for the recoil spring was simplified for easier manufacture and was held in place by the new type of buffer. The M1’s pilot rod was made longer than those for the 1928 design to help contain the spring, and along with the new buffer, made disassembly and assembly of the weapon much easier. The M1’s pilot rod and buffer lessened the possibility of damaging the recoil spring during assembly and disassembly; a problem often encountered with the earlier 1928 design. The pilot rod could be removed and installed through the rear of the receiver after the buffer was removed.

The M1 featured a barrel without the radial cooling fins, similar to the one fitted to the late M1928A1 models, but the muzzle end was not threaded for a compensator. A simple blade sight was fitted and pinned to the muzzle. The configuration of the rear portion of the M1’s trigger frame was redesigned slightly to fit the beveled contour of the redesigned receiver. The frame design did not include provisions for the removable buttstock of the M1928A1 version. Early M1s were manufactured using the same paddle-type rocker pivot and safety levers, without the knurled surfaces. These were eventually replaced with the simpler two-piece pin type.

One of the immediately noticeable features of both the M1 and M1A1 guns is their bolt. The bolt was redesigned with two sear notches. This allowed the weapon’s safety lever to be engaged when the bolt was in the forward position on an empty chamber.

The rear sight installed on early production M1 Thompsons was the same simple unprotected “L” type, also fitted on late production M1928A1s. This design proved to be easily damaged and was replaced by a similar sight but with protective side “ears.” The new sight first appeared on the Savage Arms M1 Thompsons in the high 137000 serial number range.

The pistol grip and stock were reconfigured and designed to fit the M1 trigger frame. The contour of the stock differed from the earlier 1928 and M1928A1 designs. The stock’s buttplate was also simplified but retained a trap door for storage of a large cylindrical oil bottle. By July 1942, Savage began delivery of the first of the new Thompson models, designated as the Caliber .45, M1 Submachine Gun.

The M1A1 Model

In September 1942, Aberdeen Proving Ground was instructed to test “A modified version of the M1 submachine gun that eliminated the firing pin, firing pin spring, the hammer and hammer pin.” The four parts were eliminated from the design by making the firing pin an integral part of the bolt. Tests at Aberdeen indicated that the M1 submachine gun equipped with a fixed firing pin functioned slightly better than the standard M1 submachine gun. It was also noted that the fixed pin design saved considerable manufacturing time and that the bolt was strengthened by the elimination of the deep drilling operation necessary to accommodate the firing pin and spring. The Springfield Ordnance District was notified that manufacture of a fixed firing pin bolt for use in the M1 submachine gun was authorized. In order to distinguish between submachine guns equipped with separate firing pins and fixed firing pins, the submachine guns fitted with the fixed firing pin would be designated as Gun, Submachine, Caliber .45, Thompson M1A1 (A1= Alteration 1).

The design of the M1A1, along with the redesign of many other parts for faster production, had reduced the time required to manufacture an M1A1 by 10.11 hours over the earlier M1928A1 model.

Miscellaneous small parts common to all World War II Thompson models include: the trigger, sear, sear lever, trip, disconnector, pivot plate, frame latch pin and spring, rocker, rocker pivot, safety lever, sling swivels, foregrip, grip mount, foregrip and pistol grip screws, 1928-type magazine catch and extractor. The hammer pin, firing pin and spring were common to the 1928, 1928A1 and M1 models.

The M1 and M1A1 weapons that the Savage and Auto-Ordnance factories produced are identical in appearance and specification, and all parts were completely interchangeable. Unlike the 1928 Thompsons, the manufacturer’s initials, AO or S, were not used as a serial number prefix on the M1 series. To identify who made a particular M1 or M1A1 Thompson, the manufacturer stamped its code letters on the bottom of the receiver where the front grip mount is fitted. The letters used were “S,” which indicated Savage manufacture, or “A.O.C.” for weapons made at the Auto-Ordnance Bridgeport plant. Savage-made Thompsons are more common than those made at the Auto-Ordnance factory. However, regardless of the manufacturer, the receivers are all marked “Auto-Ordnance Bridgeport, Connecticut.”

In January 1943, the Ordnance Department announced to the Auto-Ordnance Corporation that the Thompson was going to be replaced by the new U.S. M3 submachine gun. There were several manufacturing problems encountered with the M3 that had required Thompson production to be extended for several months until production difficulties could be solved. On February 15, 1944, the very last M1A1 Thompson submachine gun was accepted by the government.

The Savage Arms Corporation manufactured an estimated total of 464,800 M1 and M1A1 model Thompsons, while the Auto-Ordnance Bridgeport plant turned out an estimated 249,555 M1 and M1A1s. The protected rear sight began to appear on Savage M1 models at the high 137000 serial number range.

Pros and Cons

The 1928 Models

The 1928A1 military model seems to be more popular among collectors because of its recognizable “Thompson” appearance. There are also more transferable 1928 Thompsons than the M1-M1A1 in the registry. A substantial number of U.S. 1928A1 spare part kits, less receivers, in new condition were imported a few years ago, making spare parts available. The top-mounted cocking handle makes the weapon suitable for left- or right-handers. Drum or box magazines can be used. If a more compact weapon is desired, the buttstock is easily removed by pushing a button and sliding it off the receiver. This model is more common than the M1-M1A models and easily controlled in full-auto fire due to its weight.

The M1 and M1A1

The M1 Thompsons are less complicated and easier to field strip. The receiver is narrower and the weapon is lighter than a 1928. The overall length is shorter without a compensator, which is difficult to clean. Simple rear sights are designed for faster target acquisition—easier to use than the Lyman adjustable sight. The M1 and M1A1 were in military service longer than the 1928 series, serving in World War II, Korea and Vietnam. The M1 model may appeal more to a collector of militaria. M1 and M1A1 models are less common than their 1928 counterparts. Parts for the M1 and M1A1 are not as common as those for the 1928, but many internal parts are the same. Collectors cannot use a drum magazine; magazines are limited to 20- and 30-round box magazines. The stock is attached to the frame with screws and cannot be easily removed as the 1928 model. The safety can be applied with the bolt closed. The M1 is easily controlled in full-auto fire due to its weight.

Recommended reading: American Thunder III, the Military, the Thompson Submachine Guns, available from Chipotle Publishing, LLC. www.smallarmsreview.com

BUSHNELL
XRS II RIFLESCOPE

Delivering precisely aimed rounds at extreme distances is a skill honed with practice–and the proper scope. The XRS II is Bushnell’s flagship optic, crafted to the most exacting standards. ED Prime Glass delivers rich color and contrast, even in low-light conditions. The 4.5-30x zoom and wide 50mm objective lens are designed to acquire targets well beyond 1,000 yards. Making adjustments is a simple and accurate process, with a lock windage turret and an elevation turret featuring a RevLimiter Zero Stop that will not turn past zero. Military, law enforcement and competitive shooters demand precision, and the XRS II delivers.

Industry Leading Features:

• Removable Throw Lever–Enables quick magnification changes.
• Precise–10 MILs per revolution on elevation, windage turrets for exact adjustments.
• Locking Diopter–Maintains scope’s focus, no matter what.

bushnell.com

SRT ARMS
Integrally Suppressed Ruger MkIV Pistol

This is the latest version of the outstanding integrally suppressed Ruger pistol we have been manufacturing for 20 years. Unmatched sound reduction as tested by the US Army using 40Gr CCI Minimag ammo. The professional model Ruger MkIV is available in 7.1-inch and 7.8-inch tube lengths as measured from the front of the grip frame. 110-116 db absolute sound signature depending on ammo. Cycles most ammos including many subsonic and std vel .22LR ammos. www.srtarms.com

ALEXANDER ARMS
Tactical Series/.17 HMR and .50 Beowulf Tactical Models

Our Tactical Series is available in the following calibers: .50 Beowulf, 6.5 Grendel, .17 HMR, 5.56 NATO or 300 AAC Blackout. The series features a flat-top receiver, low-profile gas block, Manticore Arms Transformer Rail handguard, B5 Systems SOPMOD BRAVO Collapsible Stock and an upgraded trigger (choice of Geissele SSA or Alexander Arms Tactical Trigger). Comes in Flat Dark Earth (FDE), OD Green or Black. Standard-specification lower receiver assembly with our name, logo and caliber engraved. Ships in an Alexander Arms soft carry bag with one 7-round magazine and six Manticore panels (2 sets of 3). www.alexanderarms.com

JP ENTERPRISES
.224 Valkyrie Barrels

JP Enterprises is proud to announce pricing and shipping details for their adoption of Federal’s new long-range cartridge, the .224 Valkyrie. In addition to their EnhancedBolt assembly for 6.8 SPC II / .224 Valkyrie, JP will be releasing three new Supermatch barrel contours to support this new caliber:

20in 1:7 light-weight contour
20in 1:7 medium-weight contour
22in 1:7 medium-weight contour

JP is confident that this variety will provide options for hunters and long-range competition shooters excited about the .224 Valkyrie. As with JP’s other barrels, each of these new Supermatch offerings will be available not only in complete rifles and upper assemblies, but also as component barrels and complete barrel kits (including choice of gas system and muzzle device pre-installed). Both of these component barrel options will also include an individual head-spaced EnhancedBolt assembly for optimum performance. www.jprifles.com

DRD TACTICAL
Paratus P762 Gen-2 in 6.5 Creedmoor

Paratus Gen-2 is a patented quick take down semi-automatic rifle chambered in 7.62 NATO or 6.5 Creedmoor. The rifle can be assembled in less than 60 seconds without the use of any tools. It is the most compact auto-loading rifle in the world, with features like folding Magpul adjustable stock. The patented internal recoil system eliminates standard buffer tube/spring which allows the rifle to be fired with the stock folded. The rifle comes with hard case with high density custom cut foam. drdtactical.com

STREAMLIGHT
Dualie Magnet Flashlight

The Dualie Rechargeable Magnet Flashlight is a lithium ion battery-powered rechargeable LED flashlight that is safety-rated for use in Division 1 environments. The new dual-function light features both a forward-facing spot beam and side-facing flood light for use individually or simultaneously for optimizing navigation and eliminating blind spots. The Dualie Rechargeable Magnet Flashlight features opposing switches for easy, one-handed beam operation. It includes an integrated, non-protruding, spring-loaded belt clip that conforms to the light’s body, while easily grabbing onto shirts, pockets and other gear for hands-free use. Two integrated magnets, one on the top of the clip and the other on its tail end, provide easy attachment to metal surfaces for hands-free lighting.

Run times for the Dualie Rechargeable Magnet Flashlight are 7.25 hours for spot mode, 13.5 hours for flood mode and 5.5 hours when the beams are combined. streamlight.com

A*B ARMS
The Power to the People Program

As a champion of the 2nd Amendment, American Built Arms Company wants every American to have the opportunity to build his or her own “Made in the USA” bolt-action rifle. The Power to the People Program combines two outstanding firearms products—the A*B Arms MOD*X GEN III Modular Rifle System and the Remington Model 700 SPS Tactical AAC-SD Barreled Action. Both products are shipped together to the consumer’s local FFL Dealer for pickup. Once in the buyer’s hands, assembly takes about 15 minutes. www.abarms.com

OTIS
Mission Critical MC-10 High Performance Cleaner & Lubricant

Otis’ Mission Critical MC-10 High Performance Lubricant ensures ultimate performance for firearms. It withstands extreme conditions and will not freeze, burn or carbonize. MC-10 is recommended for use on any metal-on-metal contact points, such as slides, slide rails, bolt/bolt carriers and actions. It also has protectant qualities.

Safe on all gun metals and finishes, the Mission Critical MC-10 Cleaner prepares the surface for the MC-10 Lubricant and removes oils and contaminants. In addition, it is formulated specifically to remove the lubricant, if desired and is the only surface cleaner that will do so. otistec.com

STREAMLIGHT
Enduro Pro Headlamp

Streamlight has launched the Enduro Pro, a versatile, low-profile headlamp with a sleek design for outdoor enthusiasts, industrial professionals and consumers alike. The new light offers three lighting modes to cover a variety of tasks, including: spot LEDs for focused, task lighting; flood beams for soft, area illumination; and red LEDs to preserve night vision.

The compact headlamp uses three AAA alkaline or lithium batteries, which can be easily replaced by opening the light’s rear cover, eliminating the need for tools, and has a 45-degree tilting head for ultimate ease-of-use and flexibility. It uses two power LEDs and two Red LEDs for a total of eight output modes, three each for spot and flood and two for night vision. The headlamp features a case constructed from tough polycarbonate thermoplastic material with elastomer over mold and unbreakable polycarbonate lenses. The light is IPX4-rated for water-resistant operation and tested to two meters for impact resistance. streamlight.com

BLACK RAIN ORDNANCE
Black Rain Tactical Range Bag

This premium tactical range bag secures your rifle with padding and durable Velcro straps. Available in 38 inches or 46 inches, the bag has three large removable moly attachments for extra storage and stores your rifle securely, even when you’re on the move. A courtesy Black Rain patch is included. blackrainordnance.com

ANDERSON MANUFACTURING
AM-15 EXT 15in, 5.56 24in – SNIPER

With manufacturing all our parts here at Anderson Manufacturing we are able to offer you Affordable, American Made, Quality for Less! The AM-15 Sniper is a high quality rifle for a low cost. Just add an optic of your choice, and you are ready to take on range day! www.andersonmanufacturing.com

SPECIES: Semi-Automatic Precision Rifle
CALIBER(S): 5.56 NATO
MAGAZINE CAPACITY: (1) 30 round
OVERALL LENGTH, STANDARD MODEL: 24in Heavy barrel, straight fluted, forearm ext 15in
WEIGHT, STANDARD MODEL, EMPTY MAGAZINE, NO OPTIC OR BIPOD: N/A
ADDITIONAL SPECS/NOTES: Barrel is compatible with .223 Ammunition. Harris Bi-Pod Included
FEED SYSTEM: Gas
EFFECTIVE RANGE: N/A
MSRP: $2,442

LWRC INTERNATIONAL, LLC
REPR MKII 6.5 CREEDMOOR—ELITE PROOF BARREL MODEL

New LWRCI REPR MK II model chambered in 6.5 Creedmoor. High performance features include short stroke gas piston with 20-position adjustable gas block, Monoforge upper receiver, full ambi lower receiver, Proof Research carbon fiber wrapped match grade barrel, Geissele SSA E 2 stage Precision Trigger, LWRCI Ultra Brake and more. Sub MOA accuracy capable. https://lwrci.com

SPECIES: Rapid Engagement Precision Rifle
CALIBER(S): 6.5 Creedmoor
MAGAZINE CAPACITY: 20 round/10 round
OVERALL LENGTH, STANDARD MODEL: 43.5in
BARREL LENGTHS AVAILABLE: 22in Heavy barrel or proof research options
WEIGHT, STANDARD MODEL, EMPTY MAGAZINE, NO OPTIC OR BIPOD: 10.05lbs Proof research barrel, 11.80lbs Standard heavy barrel
FEED SYSTEM: Gas piston
EFFECTIVE RANGE: 1200yds
MSRP: $4,150—$4,303 Heavy barrel, $4,950—$5,303 Proof research barrel

HECKLER & KOCH
MR556A1 5.56mm Rifle

A direct descendant of the HK416 and M27 IAR, the MR556A1 is a 5.56mm semi-automatic rifle developed by Heckler & Koch with match rifle capability. The MR556A1 uses the HK proprietary gas piston operating system, employing a piston and a solid operating system. www.hk-usa.com

SPECIES: Semi-Auto Precision Rifle
CALIBER(S): 5.56mm
MAGAZINE CAPACITY: 10-, 20-, 30-round
OVERALL LENGTH, STANDARD MODEL: 33.90–37.68in
BARREL LENGTHS AVAILABLE: 16.5in
WEIGHT, STANDARD MODEL, EMPTY MAGAZINE, NO OPTIC OR BIPOD: 9.10lbs
FEED SYSTEM: Gas piston
EFFECTIVE RANGE: N/A
MSRP: $3,399

CHRISTENSEN ARMS
Modern Precision Rifle

Developed with a proprietary chassis and weighing less than 7 pounds (16-inchin .308), the Modern Precision Rifle incorporates the very best of our 20 years of carbon fiber and custom firearms experience. Equipped with an aerograde carbon fiber barrel, comb and free-floating handguard, this rifle is built for your next adventure. www.christensenarms.com

SPECIES: Modern Precision Rifle
CALIBER (S): .308 Win, 6.5 Creedmoor
MAGAZINE CAPACITY: 5-round
OVERALL LENGTH, STANDARD MODEL: 34.5in (26in with stock folded – 16in barrel)
BARREL LENGTHS AVAILABLE: 16in, 22in, 24in, 26in
WEIGHT, STANDARD MODEL, EMPTY MAGAZINE, NO OPTIC OR BIPOD: 6.9lbs
FEED SYSTEM: Bolt action
EFFECTIVE RANGE: N/A

VOERE PRÄZISIONSTECHNIK GmbH
X3

The VOERE X3 is a long-range precision rifle with switch barrel system available in five different calibers: 6.5 Creedmoor, 308 Win, 300 Win Mag, 338 Lapua Mag, 408 CheyTac. The features are as follows: stainless steel fluted Lothar Walther barrel, 5-, 6- or 10-round magazine capacity depending on caliber, adjustable two-stage trigger, adjustable straight standard or folding stock with adjustable cheek piece, 3-position firing pin safety, three locking lugs and optional accessories available. www.voere.at/en/

SPECIES: Precision Rifle
CALIBER(S): 6.5 Creedmoor, 308 Win, 300 Win Mag, 338 Lapua Mag, 408 CheyTac
MAGAZINE CAPACITY: 5-, 6- and 10-round, depending on caliber
OVERALL LENGTH, STANDARD MODEL: 122cm / 99cm folded
BARREL LENGTHS AVAILABLE: 26in / 27in / 28in depending on caliber
WEIGHT, STANDARD MODEL, EMPTY MAGAZINE, NO OPTIC OR BIPOD: 6.9kg
FEED SYSTEM: Push feed from detachable magazine
EFFECTIVE RANGE: 1800m in 408CheyTac
MSRP: $1,306–$9,493 depending on caliber

HECKLER & KOCH
MR762A1 7.62mm Rifle

Like its 5.56mm counterpart, the MR762A1 is a direct descendant of the HK416 / 417 series, only in a semi-automatic rifle configuration. Using the HK proprietary operating system, the MR762A1 is gas-operated and uses a piston and a solid operating system. www.hk-usa.com

SPECIES: Semi-AutoPrecision Rifle
CALIBER(S): 7.62mm
MAGAZINE CAPACITY: 10- to 20-round
OVERALL LENGTH, STANDARD MODEL: 35.94in-39.10in
BARREL LENGTHS AVAILABLE: 16.50in
WEIGHT, STANDARD MODEL, EMPTY MAGAZINE, NO OPTIC OR BIPOD: 9.84lbs
FEED SYSTEM: Gas piston
EFFECTIVE RANGE: N/A
MSRP: $3,999

Applying for a Federal Firearms License

We are frequently asked to provide assistance to individuals and companies who wish to obtain a federal firearms license (FFL) from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This article provides guidance on the process of applying for a FFL and how to avoid problems and delay.

Background

The Gun Control Act of 1968 (GCA), 18 U.S.C. Chapter 40, makes it unlawful for any person to engage in the business of importing, manufacturing or dealing in firearms without obtaining a license from ATF. The GCA sets forth the fees ATF may charge for a license and the criteria ATF must apply in approving or denying an application. The statute requires ATF to issue a license if the following criteria are satisfied:

• The applicant is 21 years of age or over (this requirement applies only to sole proprietors and not to corporations, partnerships and other business organizations);
• The applicant (including responsible persons, discussed in more detail below) is not prohibited from transporting, shipping or receiving firearms or ammunition under the statute;
• The applicant has not willfully violated the GCA or implementing regulations;
• The applicant has not willfully failed to disclose any material information or made any false statement as to any material fact on the license application;
• The applicant has in a state premises from which he will conduct business subject to the license or from which he intends to conduct business within a reasonable period of time;
• The applicant certifies to compliance with state or local law in the place where the licensed premises are located; and
• In the case of a dealer’s license, the applicant certifies that secure gun storage or safety devices will be available at the licensed premises.
• The GCA requires ATF to approve or deny an application within the 60-day period beginning on the date it is received. ATF’s position is that the 60-day time period begins to run on the date the agency receives a complete and accurate application.

Pursuant to ATF’s regulations implementing the GCA, applicants for manufacturer and importer licenses do not need a separate license to deal in the firearms they manufacture or import, but ATF does require a separate license for each place (premises) at which the firearms business will be conducted, with the exception of separate storage facilities.

Before applying for an FFL, it is imperative to understand the responsibilities that go along with a license. Licensees must comply with all recordkeeping and firearm and ammunition transfer requirements and restrictions. In addition, the GCA authorizes ATF to conduct warrantless compliance inspections once every 12-month period, during which ATF may inspect all records required under the GCA and the regulations. In addition, licensees are required to respond to ATF trace requests within 24 hours of receipt, which can place a significant burden on resources. Licensees who fail to operate their businesses in compliance with federal and state law may be subject to inventory seizures, federal and state investigations and/or license revocation.

The Process of Applying for a License

1. Business Establishment

Before starting the licensing process with ATF, every business needs to be created under state law. There are any number of forms a business can take, including a sole proprietorship, general partnership, limited liability company, limited liability partnership and various types of corporations. Before ATF will issue a license, it will confirm that the applicant may engage in the business specified on the Form 7 Application for Federal Firearms License, including possession of all licenses, permits or variances required under state and/or local law. It is also important to ensure that zoning for the location will not present an issue for operation of a firearms business. One of the most common reasons for license denial is a zoning problem of which the applicant was not aware before filing the license application.

The Form 7 application requires identification of the physical address of the licensed premises and whether the premises are owned, leased or rented. If the property is leased or rented, ATF may contact the landlord to ensure the tenant/applicant is not prohibited under the terms of the lease or rental agreement from operating a firearms business at the premises. It is wise for an applicant to discuss this in advance with the landlord to avoid delays in processing the ATF application.

2. Fill out the Form 7 Application

Applicants for FFLs must complete ATF Form 7, Application for Federal Firearms License. The form is available on ATF’s website, www.atf.gov. The form is fillable and should be completed on a computer for readability. Once completed, the Form 7 should be printed on standard white paper and all copies executed under penalties of perjury and include information relating to each “responsible person” of the applicant.

The instructions for the Form 7 define the term “responsible person” to include a sole proprietor and— In the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management, policies, and practices of the corporation, partnership, or association, insofar as they pertain to firearms.

In the case of a partnership, responsible persons would include all partners. In the case of a corporation, responsible persons would generally include all officers and directors. However, if a particular officer or director does not have the authority to direct the management and policies of the corporation as to its firearms business, that individual is not a responsible person. For example, ATF has in the past advised licensees that a Vice President for Human Resources is not a “responsible person” if the individual’s authority does not extend to operation of the firearms business. If the business has an on-site manager, ATF generally views that individual as a responsible person. Questions about particular employees and whether they are responsible persons should be referred to ATF’s Federal Firearms Licensing Center.

The law and regulations also require that each responsible person submit photographs and fingerprints with the Form 7. Photographs must be 2×2 inches and be recent (within the last 6 months); fingerprint cards must be completed on FBI Form FD-258. Most state and local police departments prepare fingerprint cards for a modest fee.

Applicants for manufacturer licenses may also be required to complete ATF Forms 5000.29 and 5000.30. Information on ATF’s website indicates it is the responsibility of the applicant to determine whether these forms are required and ATF investigators will verify the need for the forms during the on-site application inspection. Both forms are required for manufacturers only if the manufacturing activity may result in a discharge of pollutants into navigable waters. Questions concerning completion of these forms should be referred to the Federal Firearms Licensing Center or the nearest ATF office.

3. Submit the Application to ATF and State/Local Law Enforcement

The instructions for the Form 7 indicate that Copy 3 of the Form 7 must be submitted to the Chief Law Enforcement Officer (CLEO) of the locality in which the premises sought to be licensed are located. The CLEO is the Chief of Police, Sheriff or an equivalent officer in the appropriate jurisdiction.

One copy of the Form 7 must be submitted with the appropriate fee, photographs and fingerprint cards to a post office box in Atlanta, Georgia. The other copies of the Form 7 should be retained by the applicant. The copy of the Form 7 mailed to ATF is processed by contract personnel in Atlanta. Those personnel deposit the payment for the license and forward the license application to the Federal Firearms Licensing Center in Martinsburg, West Virginia. Personnel in Martinsburg will make sure the application is complete. If the application is not complete the applicant will be contacted, and the additional information will be requested. If the applicant fails to provide information within the timeframe requested, the application will be deemed abandoned. Personnel in Martinsburg will send the responsible person fingerprints and photographs to the Federal Bureau of Investigation (FBI) to conduct a criminal background check. While background checks are being processed, the application will be forwarded to the appropriate ATF field division for a field inspection.

What happens if the background checks result in a determination that one or more of the responsible persons is prohibited from possessing firearms because of a felony conviction or other GCA disability? If such a determination is made, the FBI will notify the individual of the determination and his or her appeal rights. ATF will also be notified that the individual is prohibited. ATF will then notify the applicant the individual is prohibited and may not act as a responsible person on the license. The applicant will be given an opportunity to revise the license application to remove the prohibited individual so the application may continue to be processed. If the applicant refuses to remove the individual as a responsible person, ATF will deny the application.

4. Application Inspection

All applicants for FFLs will be contacted by their local ATF office for a field inspection. An Industry Operations Investigator (“IOI”) will make contact to arrange a convenient time for the on-site application inspection. During the inspection, the IOI will go over the requirements of the law and regulations. It is likely the IOI will complete a form titled “Acknowledgement of Federal Firearms Regulations.” This form lists a number of areas of regulatory compliance, including the following:

• Definitions (e.g., “ammunition,” “firearm,” “frame or receiver,” “engaged in the business”)
• Miscellaneous Provisions (e.g., right of entry and examination, straw purchase, tracing request, compliance with state law, reporting thefts or losses of firearms)
• Licenses (e.g., duration/renewal, premises covered, discontinuance of business)
• Conduct of business (e.g., sales/deliveries between FFLs, gun show guidelines, NICS requirements, obliterated serial number, non-resident aliens, sales to law enforcement officers)
• Required records (e.g., Form 4473, acquisition & disposition record; report of multiple sales, personal firearms)
• State laws and local ordinances (e.g., waiting periods, concealed carry permits)
• NFA dealer (the IOI will go over this topic only if the applicant will be engaging in transactions involving National Firearms Act firearms)
• Importer (the IOI will go over this topic only if the applicant will be importing firearms, ammunition or other defense articles)
• Firearms and ammunition manufacturers (the IOI will go over this topic only if the applicant is applying for a manufacturer license)

The IOI will go over all the requirements outlined on the acknowledgement form and answer any questions the applicant raises. Applicants should take advantage of this training opportunity and ensure you understand all that is expected of you as a federal firearms licensee.

One of the most important aspects of the on-site license application inspection will be determining compliance with state or local law. As indicated above, the Form 7 application requires certifications that the applicant has either complied with state or local law or that the applicant will comply with state or local law before conducting the firearms business. The IOI conducting the inspection will ask about required state business licenses, compliance with zoning ordinances and compliance with any other requirements of state law. ATF investigators are generally familiar with the requirements of state and local law and will expect applicants to either have all licenses/qualifications or be in the process of obtaining such qualifications from appropriate authorities. A wise applicant will be familiar with state and local law requirements before the ATF investigator shows up for the license application inspection.

If it is not possible for the applicant to comply with state or local law or if the applicant fails to comply with such law, ATF has the authority to deny the application. The basis for denial will be a false statement on the Form 7 application indicating that the business to be conducted is not prohibited by state or local law. For example, if the business premises are zoned residential and zoning ordinances prohibit operation of a business in such an area, it will not be possible to operate the firearms business in compliance with local law. Unless there is a process for obtaining a zoning variance, ATF will likely deny such a license application. ATF will also deny a license application (or revoke a license if it has already been issued) if the applicant fails to obtain any business licenses or other qualifications required under state law.

5. Issuance of the License

If the field inspection results in a finding the applicant is qualified and meets all the criteria for licensing, the ATF field division will recommend the Federal Firearms Licensing Center issue the license. The licensing center will print the license in Martinsburg, West Virginia, and mail it to the applicant. Licenses are valid for 3 years from the date of issuance.

If the field inspection results in a finding that the applicant fails to meet the licensing criteria of the GCA, the ATF field office conducting the license application inspection will recommend denial. If the Director of Industry Operations for the ATF field division agrees, the applicant will receive notification that the license has been denied. The notice of denial (ATF Form 4498) will provide the legal basis for the agency’s determination and provide information on requesting a hearing to review the denial. The applicant will be given 15 days from the date of receipt of the notice in which to request an administrative hearing. If no request is submitted, the application will be disapproved. Administrative hearings to review license denial recommendations are held before ATF hearing officers. If the hearing results in a finding that the denial is legally justified, the applicant will receive a final notice of denial. The agency’s denial may be appealed to federal district court. If the hearing results in a finding that the application should be issued, the license will be issued by the Federal Firearms Licensing Center.

Conclusion

Before deciding to obtain a federal firearms license, it is important to learn the requirements of federal, state and local laws applicable to firearms businesses. Firearms are heavily regulated commodities, and FFLs must maintain consistent levels of regulatory compliance to avoid criminal and civil penalties, including license revocation.

The information contained in this article is for general informational and educational purposes only and is not intended to be construed or used as legal advice or as legal opinion. You should not rely or act on any information contained in this article without first seeking the advice of an attorney. Receipt of this article does not establish an attorney-client relationship.

ABOUT THE AUTHORS

Teresa Ficaretta is an expert on ATF regulations under the Gun Control Act, the National Firearms Act, the Arms Export Control Act and Federal explosives laws. Teresa served as legal counsel to ATF for 26 years, followed by 2 years as Deputy Assistant Director in Enforcement Programs and Services. Teresa joined Reeves & Dola in 2013 and was partner from January 1, 2016 until December 31, 2017. Teresa can be reached at jtficaretta@gmail.com.

Johanna Reeves is the founding partner of the law firm Reeves & Dola, LLP, in Washington, DC (www.reevesdola.com). For 15 years she has dedicated her law practice to advising and representing U.S. companies on compliance matters arising under the federal firearms laws and U.S. export controls. Since 2011, Johanna also has served as Executive Director for the FireArms Importers/Exporters Roundtable (F.A.I.R.) Trade Group (http://fairtradegroup.org). In 2016, Johanna was appointed by the U.S. Department of State, Bureau of Political-Military Affairs to serve on the 2016-18 Defense Trade Advisory Group (DTAG). Johanna can be reached at 202-683-4200, or at jreeves@reevesdola.com.

Mixed Messages from Shows

As this report is being written, it is December and the show season has pretty much wound down. The NFATCA just returned from the SAR West Show in Phoenix, and there is a mixed bag of news to report. In general, dealer sales at a variety of venues are scattered from dismal to mind-blowing. Commodity items, such as AR models, seem to be in the doldrums, while truly desirable collector pieces are enjoying robust sales. At a recent show, reports separated by mere minutes clearly demonstrated the broadness of the spectrum: one dealer lamented that sales were off by more than 50% at the show while another guardedly reported that they had already done six figures before the public had even showed up. There seems to be a “new normal,” yet nobody is able to define it.

The same holds true for the vagaries of the industry and community, as a whole. The NFATCA dutifully presents news to the community at many events. And although we do seem to cover much of the same territory, it is surprising that there are so many who have not learned what some consider to be “the basics.” For example, at each meeting that we hold, we go over the fact that marijuana is, indeed, legal in many states yet is still illegal at the federal level. We highlight the language on Form 4473 that clearly states, “The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” We remind dealers that merely seeing a medical marijuana card in the wallet of a potential customer is sufficient grounds to terminate a potential transfer. We remind dealers that merely knowing that a particular customer enjoys an occasional smoke of the banned item is enough to make it unlawful for the dealer to make a transfer. This still comes as a shock to many. Along the same train of thought, it is still surprising to learn that many licensed manufacturers are unaware of or are avoiding registering with the State Department under the International Traffic in Arms Regulations (ITAR). Every manufacturer, by State Department definition, not ATF’s, must register and pay at least $2,250 every year, regardless of whether or not items are manufactured for export. It is not optional, and the only research and development exemptions granted by State are for accredited institutions of higher learning. Period. Yet we hear the lament that somebody, somewhere, read on the Internet that … So, it must be true. We all know how that works out!

Many are surprised to learn that the NFA Division is churning through the form processing cycle with increasing efficiency. Form processing times across the board continue to drop. Some are reporting Form 3 approvals in days and even just hours! All of this is occurring as volume has rebounded from last year’s July crash. July saw the peak of a surge, then an inevitable crash. Now we are seeing forms submissions normalize and even begin to rise. Even though we are through the worst of it, NFA Division Chief, Alphonso Hughes, has reported that he is determined to work towards further efficiency and time-to-process reductions. It is still all hands on deck, and the NFA community is enjoying the benefits.

With lower processing times and the improved ability to find exactly what you are looking for, the NFATCA suggests that NOW is the best time to make that move you have been putting off. Most agree that there is no pending NFA legislation that will be heading to the President’s desk in the near future. Prices continue to rise. And more people are getting into the NFA game. Pull that trigger! At the same time, more people are pulling the trigger on joining the NFATCA, or increasing the level of their existing support. To them we say thanks! And we invite you to join them and us as we diligently continue to make more NFA items available to more people, more often.