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		<title>INDUSTRY NEWS: ATF MAKES MAJOR REVISION TO FORM 4473</title>
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		<pubDate>Thu, 19 Feb 2009 18:43:00 +0000</pubDate>
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					<description><![CDATA[By Robert M. Hausman The Bureau of Alcohol, Tobacco, Firearms &#38; Explosives has revised ATF Form 4473 (Firearms Transaction Record Part I &#8211; Over-the-Counter). The new form includes numerous changes as follows: GENERAL Color.&#160;Changed the color of the form from white to yellow. This change will ensure FFLs do not use obsolete versions of the [&#8230;]]]></description>
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<p><em>By Robert M. Hausman</em></p>



<p>The Bureau of Alcohol, Tobacco, Firearms &amp; Explosives has revised ATF Form 4473 (Firearms Transaction Record Part I &#8211; Over-the-Counter). The new form includes numerous changes as follows:</p>



<p><strong>GENERAL</strong></p>



<ul class="wp-block-list"><li><strong>Color.</strong>&nbsp;Changed the color of the form from white to yellow. This change will ensure FFLs do not use obsolete versions of the form.</li><li><strong>Form.</strong>&nbsp;The form is composed in a booklet format.</li><li><strong>Blocked Format.</strong>&nbsp;Streamlined the recordkeeping process to help ensure all required entries are accurately completed.</li><li><strong>Warning Statement.</strong>&nbsp;Added law cites “18 U.S.C. Section(s) 921 et.seq.” Bolded and put into all capital letters “PLEASE PRINT” and added “handwritten in ink.”</li><li><strong>Page Numbering.</strong>&nbsp;Each page is now numbered, and if pages are separated must be stapled together. The page also guides the transferee (buyer) and transferor (seller) to continue to the next page where needed.</li></ul>



<p><strong>SECTION A</strong></p>



<ul class="wp-block-list"><li><strong>Question 2.</strong>&nbsp;U.S. Postal abbreviations are acceptable. Made block for county wider.</li><li><strong>Question 3.</strong>&nbsp;Changed question to read “U.S. City and State or Foreign Country.”</li><li><strong>Question 5.</strong>&nbsp;Added “lbs.” to clarify weight is being asked in pounds.</li><li><strong>Question 9.</strong>&nbsp;Added instructions for the buyer “see instructions for question 9.”</li><li><strong>Question 10.</strong>&nbsp;Added instructions for the buyer “see instructions for question 10.”</li><li><strong>Question 11.</strong>&nbsp;Added instructions for buyer to clarify answering this section “Answer questions 11.a. (see exceptions) through 11.l. and 12 (if applicable)” by checking or marking “yes” or “no” in the boxes to the right of the questions.</li><li><strong>Question 11.a.</strong>&nbsp;Added instructions for the buyer “see instructions for question 11.a. Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.b.</strong>&nbsp;Added instructions for the buyer “see instructions for 11.b.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.c.</strong>&nbsp;Added instructions for the buyer “see instructions for 11.c.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.d.</strong>&nbsp;Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.e.</strong>&nbsp;Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.f.</strong>&nbsp;Added instructions for the buyer “see instructions for 11.f.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.g.</strong>&nbsp;Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.h.</strong>&nbsp;Added instructions for buyer “see instructions for question 11.h.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.i.</strong>&nbsp;Added instructions for buyer “see instructions for question 11.i.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.j.</strong>&nbsp;Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.k.</strong>&nbsp;Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 11.l.</strong>&nbsp;Added “see instructions for question 11.l.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 12.</strong>&nbsp;Added information “If “yes,” the licensee must complete question 20.d. See instructions for question 12. If question 11.l. is answered with a “no” response, then do NOT respond to question 12 and proceed to question 13.” Added a block for “yes” to be checked or marked and a block for “no” to be checked or marked.</li><li><strong>Question 13.</strong>&nbsp;Changed question to read “What is your State of residence (if any)? (See instructions for Question 13.)” Blocked questions 13-15 to make the form easier to follow.</li><li><strong>Question 14.</strong>&nbsp;Added “If you are a citizen of the United States, proceed to question 16.” Blocked questions 13-15 to make the form easier to follow.</li><li><strong>Question 15.</strong>&nbsp;Blocked questions 13-15 to make the form easier to follow.</li></ul>



<p><strong>PAGE 2 of FORM 4473</strong></p>



<ul class="wp-block-list"><li><strong>Certification Statement for buyer.</strong>&nbsp;Added “complete,” moved “and” to make statement read “I certify that my answers to Section A are true, correct, and complete.” Reworded second sentence to read “I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473.” Added “and may also violate State and/or local law” in the third sentence and the second-to-last sentence. Also added “(See Instructions for Question 16).”</li><li><strong>Question 18.</strong>&nbsp;Changed “Both” to “Other Firearm (Frame, Receiver, etc. See instructions for Question 18.)” and added “(check or mark all that apply):”</li><li><strong>Question 19.</strong>&nbsp;Added “Name of Event” and a line for writing. Moved “City, State” to the front of line.</li><li><strong>Question 20.a.</strong>&nbsp;Added “(e.g. Virginia driver’s license (VA DL)” and “(See Instructions for Question 20.a.)”; also added “Issuing Authority and” before type of identification.</li><li><strong>Question 20.c.</strong>&nbsp;Added “All Aliens,” removed “only,” and added “(See Instructions for Question 20.c.).”</li><li><strong>Question 20.d.</strong>&nbsp;Added “Must Provide,” bolded the word “exception,” and added “(See Instructions for Question 20.d.).”</li><li><strong>Question 21.a.</strong>&nbsp;Date was put into a blocked format and added “Month, Day, Year.”</li><li><strong>Question 22.</strong>&nbsp;Added “(See Instructions for Question 22).”</li><li><strong>Section C.</strong>&nbsp;Added “Must be Completed Personally by Transferee (Buyer).”</li><li><strong>Below Section C</strong>&nbsp;and before signature. Added “(See Instructions for Question 24 and 25).”</li><li><strong>Above Section C</strong>&nbsp;signature line. Added “and complete” to wording.</li><li><strong>End of Page 2.</strong>&nbsp;Added page numbering 2 of 6. Each page is now numbered and a statement “DO NOT SEPARATE PAGES” has been added. The page also guides the transferee (buyer) and transferor (seller) to continue to the next page where needed.</li><li><strong>Question 26.</strong>&nbsp;Added “(If the manufacturer and importer are different, the FFL should include both.).”</li><li><strong>Question 29.</strong>&nbsp;Added “receiver, frame” and “(See instructions for question 29).”</li><li><strong>Question 30.a.</strong>&nbsp;Added block “Total Number of Firearms (Please handwrite by printing e.g., one, two, three, etc. Do not use numerals).”</li><li><strong>Question 30.b.</strong>&nbsp;Added block “Is any part of this transaction a Pawn Redemption?” with a “Yes” or “No” block for marking.</li><li><strong>Question 30.c.</strong>&nbsp;Added block “For Use by FFL (See Instructions for Question 30.c.).”</li><li><strong>Question 32.</strong>&nbsp;Added “(Must contain at least first three and last five digits of FFL Number X-XX-XXXXX).”</li><li><strong>Certification Statement for seller.</strong>&nbsp;Added “I certify that my answers in Sections B and D are true, correct, and complete.” Reworded second sentence to read “I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473.”</li><li><strong>Question 33.</strong>&nbsp;Bolded “please print.”</li><li><strong>Question 36.</strong>&nbsp;Changed question to read “Date Transferred.”</li><li><strong>Notices, Instructions, and Definitions.</strong>&nbsp;Combined “Important Notices” “Instructions to Transferee/Buyer,” “Instructions to Transferor/Seller,” and “Definitions” to apply to each question.</li><li><strong>Purpose of the Form.</strong>&nbsp;(Previously number 2 under “Important Notices”) Added “lawfully,” changed “keep” to “maintain,” and added after long gun “(rifle or shotgun).”</li></ul>



<p>Licensees may order a supply of Form 4473s on-line at: http://www.atf.gov/dcof/index.htm or by contacting the ATF Distribution Center at (703) 455-7801.</p>



<p><strong>Notes on ATF Compliance Inspections</strong></p>



<p>With certain exceptions, the GCA allows ATF to conduct one warrantless, annual compliance inspection of a federal firearms licensee (FFL). The purpose of the inspection program is to educate the licensee about regulatory responsibilities and to evaluate the level of compliance.</p>



<p>During inspections, ATF industry operations investigators (IOI) review records, inventory, and the licensee’s conduct of business. Compliance failures, which constitute violations of law and regulation, commonly disclosed during the inspection process include failure to verify purchaser eligibility; inability to account for firearms received and disposed; failure to ensure firearms traceability due to improper recordation of firearms receipt and disposition; failure to properly document firearms transfers; and failure to report multiple sales of handguns.</p>



<p>During compliance inspections conducted in 2007, ATF investigators identified nearly 130,000 firearms that FFLs could not locate in inventory or account for by sale or other disposition. By working with industry members, IOIs reduced this number to approximately 31,000 firearms that FFLs could not account for. As such, ATF investigators improved the success rate of potential firearms traces of previously unaccounted firearms by 76 percent. Although this is a significant improvement, over 30,000 firearms remained missing.</p>



<p>When violations of the law and regulations are disclosed during an inspection, a Report of Violations is issued to the licensee that outlines the discrepancy and the requirements for corrective action. ATF also works to gain cooperation and compliance from FFLs by issuing warning letters and holding warning conferences.</p>



<p>In Fiscal Year 2007, ATF conducted approximately 10,000 compliance inspections. More than 40 percent of the licensees inspected were determined to be in full compliance with the law and regulations and no violations were cited. Approximately 100 federal firearms licenses were revoked or were denied renewal due to willful violations of the GCA. This figure is approximately 1 percent of the number of licensees inspected.</p>



<p><strong>License Revocation Process</strong></p>



<p>When an ATF inspection results in a warning conference or potential revocation, the licensee is provided an opportunity to develop a written plan that details the steps taken to correct the problems identified and measures implemented to ensure future compliance. To assist licensees in achieving and maintaining compliance, ATF conducts recall inspections on all licensees who have committed violations that warranted a warning conference. In 2007, recall inspections resulted in an overall 85-percent reduction in the total instances of violations. Recall inspections also resulted in a 78-percent reduction in disclosed prohibited sales and a 90-percent decrease in inventory discrepancies.</p>



<p>Willfulness is not defined in the regulations but is defined by case law to mean the intentional disregard of a known legal duty or plain indifference to a licensee’s legal obligations. ATF does not revoke for all willful violations. Recommendations for revocation often result from FFLs repeating violations despite ATF efforts to educate and assist them with compliance. Violations commonly cited in revocation cases include failure to account for firearms, failure to verify and document purchaser eligibility, failure to maintain records requisite for successful firearms tracing, and failure to report multiple sales of handguns.</p>



<p>The revocation process begins when an IOI recommends revocation following an inspection. The recommendation is subject to a rigorous, thorough internal review process. The authority to revoke rests with ATF’s directors of industry operations (DIO). If the DIO concurs with revocation of the license, the report is reviewed by ATF field division counsel for legal sufficiency.</p>



<p>To ensure consistency throughout the country, a newly implemented procedure requires the DIO to notify Bureau Headquarters of his or her preliminary decision to pursue revocation. If the DIO, division counsel, and Headquarters review results in disagreement on pursuing revocation, the report is reviewed and a final determination is made by a panel consisting of two Headquarters deputy assistant directors and the deputy chief counsel.</p>



<p>If revocation is pursued, procedures are followed as specified under Title 27 Code of Federal Regulations Part 478. The licensee is provided with a Notice of Revocation that includes findings describing the reasons for pursuing revocation. The licensee has 15 days from receipt of the notice to request a hearing before a hearing officer. The licensee may be represented by an attorney at the hearing and may bring employees and documentation to address the violations cited in the notice. ATF is generally represented at hearings by ATF Counsel and the IOIs who conducted the inspection(s) resulting in the revocation recommendation. Unless special circumstances apply, the licensee can continue operations while a final decision is made by the DIO.</p>



<p>During a hearing, the licensee has the opportunity to challenge the violations, establish that the violations were not willful, and address intention for future compliance. Based on the evidence presented at the hearing by the licensee and ATF, the hearing officer submits a report of findings and a recommendation to the DIO. Based upon the hearing testimony, exhibits presented during the hearing, and the hearing officer’s recommendation, the DIO decides whether to continue with the revocation. If the DIO’s decision is to revoke following a hearing, or in cases where a hearing is not requested, then a Notice of Final Revocation is sent to the licensee with a summary of the findings that warrant revocation.</p>



<p>A licensee who receives a Notice of Final Revocation may, within 60 days of receipt of the final notice, file a petition for de novo review with the U.S. District Court. If the licensee makes a request to the DIO to allow continuance of business operations, the DIO may allow the licensee to operate during the appeal process. If the DIO prohibits continuance of operations during judicial review because of the risk to public safety, the FFL can appeal to the court to continue operations during the review process. Of those cases that were appealed to the U.S. District Court between April 2001 and April 2008, 49 of 52 final decisions in District Court have supported ATF’s decision to revoke.</p>



<p><em>The author publishes two of the small arms industry’s most widely read trade newsletters. The International Firearms Trade covers the world firearms scene, and The New Firearms Business covers the domestic market. Visit&nbsp;<a href="http://www.firearmsgroup.com/" target="_blank" rel="noopener">www.FirearmsGroup.com</a>. He may be reached at:&nbsp;<a href="mailto:FirearmsB@aol.com">FirearmsB@aol.com</a>.</em></p>



<figure class="wp-block-table aligncenter is-style-stripes"><table><tbody><tr><td class="has-text-align-center" data-align="center"><em>This article first appeared in Small Arms Review V12N5 (February 2009)</em></td></tr></tbody></table></figure>
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		<title>INDUSTRY NEWS: ATF PUBLISHES NFA HANDBOOK</title>
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		<pubDate>Mon, 01 Oct 2007 06:14:35 +0000</pubDate>
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					<description><![CDATA[By Robert M. Hausman A comprehensive reference on the National Firearms Act of 1934 has been published by the Bureau of Alcohol, Tobacco, Firearms &#38; Explosives &#8211; the ATF National Firearms Act Handbook. Of interest to those in the business of importing, manufacturing and dealing in firearms defined by the National Firearms Act or persons [&#8230;]]]></description>
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<p><em>By <strong>Robert M. Hausman</strong></em><br><br>A comprehensive reference on the National Firearms Act of 1934 has been published by the Bureau of Alcohol, Tobacco, Firearms &amp; Explosives &#8211; the ATF National Firearms Act Handbook.<br><br>Of interest to those in the business of importing, manufacturing and dealing in firearms defined by the National Firearms Act or persons intending to go into an NFA firearms business, the nearly 200-page handbook is the product of a joint effort between ATF and the National Firearms Act Trade and Collectors Association (NFATCA).<br><br>The handbook&#8217;s fifteen chapters are intended as a user-friendly reference enabling the user to quickly find answers to questions concerning the NFA. It should also be useful to attorneys seeking information about the NFA and how the law has been interpreted by ATF. Although the principal focus is the NFA, the handbook necessarily covers provisions of the Gun Control Act of 1968 and the Arms Export Control Act as these bodies of legislation impact NFA firearms businesses and collectors.<br><br><strong>Contents</strong><br><br>The introductory chapter includes a history of the NFA and explains how Title II of the Gun Control Act of 1968 cured a constitutional flaw in the NFA.<br><br>As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury Department could supply information to state authorities about the registrant&#8217;s possession of the firearm. State authorities could then use the information to prosecute the person whose possession violated state laws. For these reasons, the U.S. Supreme Court in 1968 held in the <em>Haynes</em> case (<em>Haynes v. U.S., 390 U.S. 85</em>) that a person prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution &#8211; the registration requirement imposed on the possessor of an unregistered firearm violated the possessor&#8217;s privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Haynes decision thus made the 1934 Act virtually unenforceable.<br><br>Title II of the Gun Control Act of 1968 amended the NFA to cure the constitutional flaw pointed out in <em>Haynes</em>. It did so by first removing the requirement for possessors of unregistered firearms. Under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person.<br><br>Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration (26 U.S.C. Section 5848). In 1971, the Supreme Court reexamined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA (<em>U.S. v. Freed, 401 U.S. 601</em>). Title II also amended the NFA definitions of &#8220;firearm&#8221; by adding &#8220;destructive devices&#8221; and expanding the definition of &#8220;machine gun.&#8221;<br></p>



<ul class="wp-block-list"><li><strong>The introductory chapter</strong> also mentions that the Firearms Owners&#8217; Protection Act of 1986 amended the NFA definition of &#8220;silencer&#8221; by adding combinations of parts for silencers and any part intended for use in the assembly or fabrication of a silencer. As most SAR readers know, the 1986 Act also amended the 1968 Gun Control Act to prohibit the transfer or possession of machine guns (18 U.S.C. Section 922(o)). Exceptions were made for transfers of machine guns to, or possession of machine guns by, government agencies, and those lawfully possessed before the effective date of the prohibition, May 19, 1986.</li><li>An explanation of What Constitutes &#8220;Firearms&#8221; under the NFA are detailed in <strong>Chapter 2</strong>, the types of shotguns, rifles, weapons made from a rifle or shotgun, Any Other Weapon, machine gun, silencer, destructive device, explosive device, large caliber weapon, and Curios and Relics. Also covered are applications to remove firearms from the scope of the NFA as collector&#8217;s items or by modification/elimination of components.</li><li><strong>Chapter 3</strong> delves into the Registration of NFA Firearms and explains the National Firearms Registration and Transfer Record, including registration by state and local agencies, registration by makers, importers, and manufacturers as well as registration to transferees. Also covered is how to determine the registration status of an NFA firearm, lost or stolen registration documents, and correcting incorrect registration documents.<br></li><li>The Taxes Imposed by the NFA are the subject of <strong>Chapter 4 </strong>to include making, transfer and special (occupational) taxes, exemption from tax, and the exportation of firearms.</li><li><strong>Chapter 5 </strong>details Qualifying to do Business in NFA Firearms including license fees, standards, registration by firearms manufacturers and exporters with the U.S. Dept. of State, etc.</li><li><strong>Chapter 6 </strong>covers the Making of NFA firearms by Non-Licensees and explains the preparation of ATF Form 1 and other subjects, including the reactivation of a registered unserviceable NFA firearm.</li><li>The Manufacturing of NFA Firearms is the subject of <strong>Chapter 7 </strong>to include qualifying for a license, engaging in business in multiple locations, makers of destructive devices, registration exemption for fabricating articles for research and development, and the ATF firearm classification process.</li><li><strong>Chapter 8 </strong>goes into Importing NFA Firearms and explains the necessary licensing, payment of special (occupational) taxes, importation for use as a model by a registered manufacturer, importation as a sales sample, and marking requirements.</li><li>The Transfer of NFA Firearms is explained in <strong>Chapter 9 </strong>to include the forms used for transfers, as well as transfer of silencers for repair, distribution of estate firearms, manufacturers&#8217; use of contractors to perform work on firearms, etc.</li><li><strong>Chapter 10 </strong>covers Collectors of NFA Firearms Curios &amp; Relics, transfers, acquisition and dispositions, etc.</li><li>The Exportation of NFA Firearms is the subject of <strong>Chapter 11 </strong>to include the Arms Export Control Act, firearms and firearm component parts subject to the AECA, license requirements for permanent and temporary exports of defense articles, etc.</li><li><strong>Chapter 12 </strong>covers Recordkeeping including the manner in which registration documents must be kept, custody of NFA firearms by employees of FFLs/SOTs, etc.</li><li>The Required Reports and Notifications to ATF for NFA businesses are covered in <strong>Chapter 13</strong>.</li><li><strong>Chapter 14 </strong>details the procedures that must be followed when Going-Out-of-Business.</li><li><strong>Chapter 15</strong> warns of the Penalties and Sanctions for non-compliance with regulations.</li></ul>



<p>Spanning nearly 200-pages, the NFA Handbook is available from the ATF website (<a href="https://www.atf.gov/" target="_blank" rel="noopener">www.atf.gov</a>) or a reprint may be ordered from the industry trade journal, The International Firearms Trade by e-mailing: INTLFT@aol.com. The cost from IFT is $55. postpaid. Customers outside the U.S. must add $10 shipping.<br><br><strong>AG Gonzales Proposes ATF Reforms</strong><br><br>U.S. Attorney General Alberto R. Gonzales has announced the Violent Crime and Anti-Terrorism Act of 2007, a Dept. of Justice proposal. The bill provides greater flexibility in the penalties that could be imposed on federal firearms licensees who violate the Gun Control Act.<br><br>Specifically, the bill would establish additional, graduated sanctions for certain violations of the federal firearms laws, including suspension of federal firearms licenses and imposing civil monetary penalties. Such lesser sanctions will enable ATF to more effectively address violations of the Gun Control Act, the Justice Dept. has said.<br><br><strong>Guidance on Post Office Box Addresses of Gun Buyers</strong><br><br>ATF has issued an Open Letter to federal firearms licensees (dated June 7, 2007) advising on procedures to follow when a firearms purchaser presents an identification document showing only a post office box or rural route number as their legal address. Though the Form 4473 (Firearms Transaction Record) includes language stating that a post office box is not an acceptable residence address, it is possible to get a variance.<br><br>While the Form 4473 requires that the buyer&#8217;s residence address be provided, the term &#8220;residence address&#8221; is not defined in the law or regulations. Since non-licensed purchasers are generally restricted to their state of residence in acquiring firearms, ATF requires that the residence address provided on the Form 4473 be sufficient to identify the physical location of the purchaser&#8217;s residence in the event the firearm is the subject of a trace request. Persons in rural areas may have only a post office box or rural route number as their only legal address, but this does not necessarily mean that such persons are prohibited from buying firearms.<br><br>ATF says it wants to assist dealers in verifying the addresses of purchasers and will issue a variance to dealers (who request it) who may then transfer firearms to customers who can only provide a post office box or rural route number as their address. However, the following conditions must be met:</p>



<ol class="wp-block-list" type="1"><li>The FFL has information indicating the purchaser resides in a state where a post office box or rural route number is considered by the jurisdiction to be a legal residence address.</li><li>. The dealer has no reason to believe the purchaser is not telling the truth about his address.</li><li>The government-issued identification document of the prospective buyer must include a photo, date of birth and residence address.</li><li>After the variance is approved, the dealer must require the purchaser to indicate the actual physical location of his residence on the Form 4473.</li></ol>



<p><br>FFLs may request authority to use this alternate method by sending a request in writing to: ATF, Firearms Programs Division, Room 7400, 650 Massachusetts Ave., N.W., Washington, D.C. 20226.<br><br><strong>ATF Seizes Inventory of New Orleans Retailer</strong><br><br>The owner and two employees of Elliot&#8217;s Gun Shop in the New Orleans area were arrested in mid-May by ATF and Secret Service special agents on charges of falsifying firearms records and aggravated identity theft. The store&#8217;s inventory and business records were seized.<br><br>Herman Eicke, 65, of Kenner, LA, the store&#8217;s owner, and employees Timothy Harris, 54, and Rebecca Zitzmann, 42, both of Jefferson, LA, were arrested without incident. Zitzmann was charged with falsifying federal firearms records and Eicke and Harris with aggravated identity theft.<br><br>The ATF investigation found that firearms purchased at Elliot&#8217;s had an extremely short &#8220;time to crime&#8221; &#8211; the time from the sale of the firearm to its recovery after use in a crime.<br><br>During the period March 1, 2002, to March 1, 2007, more than 2,300 firearms purchased at Elliot&#8217;s Gun Shop and its predecessor, Elliot&#8217;s Small Arms, were recovered by various law enforcement agencies in relation to crimes. Over 125 of these were related to murder investigations and more than 500 were related to crimes involving illegal drugs.<br><br>According to the criminal complaint, an informant and an undercover ATF agent posing as a &#8216;straw buyer&#8217; were able to purchase a firearm from Elliot&#8217;s with Zitzmann&#8217;s assistance. Zitzmann illegally sold a handgun to the informant (according to the complaint), but allowed the undercover ATF agent to complete the ATF paperwork to make it appear that the agent purchased the gun.<br><br>In February 2005, ATF revoked a FFL held by Harris, who was operating the store as Elliot&#8217;s Small Arms. Prior to losing his license, ATF cited Harris on numerous occasions for failing to comply with federal firearms regulations regarding the sale of guns. Immediately after having his license revoked, Eicke, who had been an employee of Harris at Elliot&#8217;s Small Arms, obtained a FFL under the trade name of Elliot&#8217;s Gun Shop. An ATF undercover investigation reportedly revealed that Harris was still running the business even though Eicke held the license.<br><br>ATF announced it also uncovered an Eicke-Harris scheme that included forging law enforcement officers&#8217; signatures and using a photocopy of their law enforcement credentials to purchase handguns from a distributor in New York at discounted prices to increase the store&#8217;s profit margin. Upon confirming that Eicke and Harris were &#8220;stealing&#8221; the identities of law enforcement officers, ATF invited the Secret Service into the investigation due to its expertise in identity theft and financial crimes investigations. The Secret Service has jurisdiction for crimes of aggravated identity theft.<br><br><strong>Anti-Violence Activist Arrested by ATF on Gun Charges</strong><br><br>The founder (and an allegedly &#8220;documented&#8221; gang member) of &#8220;NOGUNS-Networks Organized for Gang Unity and Neighborhood Safety,&#8221; an alleged gang intervention program, has been arrested on California state firearms charges.<br><br>During the investigation, an undercover agent was able to facilitate the purchase of a machine gun, three assault rifles, one handgun and two silencers from the founder of the group.<br><br>Hector Marroquin Sr., 51, of Downey, CA was held on charges for the illegal transfer/possession of the arms and conspiracy. Two others were also arrested.<br><br><strong>CA Assembly Approves Micro-Stamping Bill</strong><br><br>California Democrats are refueling a firearm micro-stamping proposal that has already passed the state Assembly. The measure, AB1471, would require starting in 2010 that all semiautomatic pistols sold in California contain a mechanism to stamp the gun&#8217;s make, model and serial number on the shell casing of the bullet every time the pistol is fired.<br><br>California state Department of Justice records reportedly show that about 2,400 homicides are committed each year and about 60% involve the use of a handgun. Moreover, about 70% of new handguns sold in California are semiautomatic pistols.<br><br>Last year, then-Assemblyman Paul Koretz, D-West Hollywood, introduced a similar bill that passed several hurdles but came up two votes shy in the Assembly on the last day of the legislative session. The latest bill was approved by the Assembly in a 44-29 vote, largely along party lines. The bill now heads to the state Senate.<br><br>The primary difference in this year&#8217;s bill is that the measure requires the micro-stamping mechanism to etch the information from at least two different places in the pistol. Last year&#8217;s bill only required one and the firing pin was widely considered as the most logical piece of the firearm to stamp the information.<br><br>Opponents argued then, and now, that the firing pin can be removed and defaced, or simply replaced. That&#8217;s why this latest bill requires the etching to occur in more than one place inside the gun.<br><br>To negate the arguments of opponents that the proposal will greatly add to the manufacturing costs of handguns equipped with the technology, proponents of the measure have gotten the patent owner, NanoMark Technologies of Londonderry, N.H., to agree to give away the patents to gun manufacturers if the bill is enacted.<br><br>The proposal has also gotten the attention of the U.S. Congress. One of the leading proponents of gun control of all sorts, Sen. Edward Kennedy, D- Massachusetts, has said that he will craft a micro-stamping bill to be introduced in the U.S. Congress in the near future.<br><br><strong>Denel Eyes New Ventures</strong><br><br>South African arms manufacturer Denel has been holding talks with various overseas and local companies, as part of its strategy to unbundle the organization and make it more open to mergers and acquisitions, according to trade sources.<br><br><strong>Bushmaster in Joint Venture</strong><br><br>Bushmaster Firearms International, LLC (Bushmaster) and Iron Brigade Armory, Ltd. (IBA) have formed Bushmaster Custom Shop by Iron Brigade (BMCS) &#8211; a new joint venture to focus on premium AR rifle systems, and customized tactical precision bolt action rifle platforms, initially for law enforcement and military applications.<br><br>The new firm will be based in Jacksonville, North Carolina with Norm Chandler, Jr. as its CEO. Bushmaster will be the majority owner and will provide the initial funding for facilities and personnel. &#8220;The opportunity to work with IBA allows Bushmaster to extend our brand to the premium end of the AR-15 market place with customized solutions at lower volumes than our Windham facilities can handle economically, and is something that our customer base is telling us is important in addressing their needs,&#8221; stated E. Scott Blackwell, Bushmaster President and Chief Sales and Marketing officer.<br><br>Initially, BMCS will focus on custom AR-15 platforms based on the .223 and 5.56 caliber ammunition, with first products being available for sale in mid summer 2007. BMCS will also leverage the work done by Iron Brigade Armory and its founder &#8211; weapons designer and sniper author LTC. (ret) Norm Chandler, Sr. &#8211; to offer tactical precision rifles later this year.<br><br>Formed in 1994, IBA specializes in designing, producing and selling customized Sniper Weapon Systems (SWS). IBA&#8217;s focus is to provide field/combat reliable SWS that are capable of urban as well as long range operations.<br><br><strong>Beretta has New Director of Sales</strong><br><br>Beretta USA Corp. has promoted Rob Viner to Director of Sales/Dealers. Viner joined the company in 1997 as a Commercial Field Sales Representative. Most recently he held the position of South East Commercial Regional Business Development Manager. At the Beretta National Sales Meeting Awards Banquet he was recognized with the coveted Beretta Trident Ring for being named the 2006 Regional Business Development Manager of the Year.<br><br><strong>Sabre Defence Has New Director of Commercial Operations</strong><br><br>Sabre Defence Industries of Nashville, Tennessee has hired Michael Curlett as Director of Commercial Operations. Curlett will oversee all of the production, sales and marketing activities for Sabre&#8217;s Commercial Products in the U.S. He will assist with commercial, police and military sales in the international market.<br><br>Curlett comes to Sabre Defence from EOTech, a subsidiary of L3 Communications, one of the largest defense contractors in the U.S. As Director of European Sales for L3-EOTech, he worked to expand their sales and distribution channels throughout Europe and the Middle East<br><br><em>The author publishes two of the small arms industry&#8217;s most widely read trade newsletters. The International Firearms Trade covers the world firearms scene, and The New Firearms Business covers the domestic market. He also offers FFL-mailing lists to firms interested in direct marketing efforts to the industry. He may be reached at: FirearmsB@aol.com.</em></p>



<figure class="wp-block-table aligncenter is-style-stripes"><table><tbody><tr><td class="has-text-align-center" data-align="center"><em>This article first appeared in Small Arms Review V11N1 (October 2007)</em></td></tr></tbody></table></figure>
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		<pubDate>Sat, 01 Apr 2006 01:33:00 +0000</pubDate>
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					<description><![CDATA[By John Brown The NFATCA is pushing forward early in 2006 continuing to work diligently in getting to closure on the NFA Guide Book. Our contractors have completed, and we have reviewed, the first six chapters of the manual. These first six chapters have now been forwarded to ATF for examination. We plan to continue [&#8230;]]]></description>
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<p><em>By <strong>John Brown</strong></em></p>



<p>The NFATCA is pushing forward early in 2006 continuing to work diligently in getting to closure on the NFA Guide Book. Our contractors have completed, and we have reviewed, the first six chapters of the manual. These first six chapters have now been forwarded to ATF for examination. We plan to continue this process in hopes of having the manual completed and published by late spring of this year. Many of you have asked if you could review some of the information in the manual but we have kindly refused these requests. At this stage our contractors are expert in the rulings, the guidelines, and court decisions on all of this information and we are moving to publish the first version of this book as soon as possible. For those of you I have spoken with, I have mentioned to you that Long Mountain Outfitters has, for many years, provided us with&nbsp;<em>The Machine Gun Dealers Bible.</em>&nbsp;It has served many of us as the only source for good information on everything from forms to gun classifications. The NFA Handbook is kind of like the&nbsp;<em>Machine Gun Dealers Bible</em>&nbsp;on steroids. Keep in mind this will simply be the first version of an NFA Handbook and our plans are to continue to keep it updated with the results of the latest rulings and information that we discover in our workings with ATF. I’m sure though there will be plenty of questions and criticism. Nevertheless, this will be the most comprehensive set of information ever provided to the NFA community. More information on the details of the hand book will be in our next&nbsp;<em>SAR</em>&nbsp;report.</p>



<p>In earlier articles we have mentioned that we have been invited to assist ATF in the electronic forms process. The NFA Branch is making a presentation at SHOT this year to unveil the workings of the first two forms in the electronic conversion process. We still have a lot of work to be completed in this area but are certain that we will all be pleased in the progress ATF and their contractors have made in recent months in getting this portion of the process completed. 2006 will be a banner year for us to see major improvements in the forms processing arena.</p>



<p>For those of you who have experienced the rapid change in the form processing events in recent months, we can all see the differences in what is happening especially with form three transfers. Our most recent record was a fax of three form threes on a Thursday with approved documents back in the dealer’s hands by the following Wednesday. This is a marked improvement in service.</p>



<p>In light of the many experiences we have all had with the introduction of the new form three, in recent meetings, we have opened the door to tackling the infamous 4473 to streamline the process of filling out the form, filing the information and making it easier for compliance checks in the future. The new form has brought its own share of criticism from all sides of the community. We know we have an issue here and the NFATCA and ATF plan to work, again, in a collaborative effort to resolve any further issues in this process.</p>



<p>On a final note, several of you have criticized us for not providing “more meat” in our efforts to keep you informed. We plan on responding to that in our next issue by dedicating the entire article to the contents of the NFA Handbook. We will give as much information as possible to keep you apprised on the details of our workings. Please understand that in many situations our work with ATF is just beginning and that publishing the details and the events will not help the progress we are making. Unveiling new products and results, once we complete the work, is our best strategy and we will continue down that path. We only ask for your patience, your persistence, and your loyalty to an effort unprecedented in the NFA community.</p>



<figure class="wp-block-table alignright is-style-stripes"><table><tbody><tr><td class="has-text-align-center" data-align="center"><em>This article first appeared in Small Arms Review V9N7 (April 2006)</em></td></tr></tbody></table></figure>
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