Let’s face it: If you are a firearms enthusiast of any kind, there is a really good chance that at some point you are likely to encounter a situation that requires professional legal assistance. It should not be that way, but it is. Having a firearm means that you face the very real possibility of having to defend the use of that firearm. And we know that our members need great assistance at a reasonable cost. We have found a partnership that we believe will work to the benefit of our members in this uncertain environment.

The U.S. & Texas LawShield organization (uslawshield.com) was founded in 2009, when a group of pioneering lawyers became fed up with the hostility and abuse in the legal system directed towards responsible gun owners. Every day, they saw innocent people suffering the terrible consequences of someone else’s choice to commit crime. And to make matters worse, those people were tied up in the legal system, struggling to defend themselves … for defending themselves. Innocent people were experiencing financial duress, bankruptcy or worst of all, jail time.

The Second Amendment states “… the right of the people to keep and bear Arms, shall not be infringed.” And yet, every day, the organization’s founders saw innocent, responsible gun owners experiencing mistreatment in the legal system—as if they were the ones that had done something wrong. To fight these injustices, the founders chose to stand up for the rights of the American people and become a champion for good and the voice of justice.

Thus, the idea for U.S. & Texas LawShield® was born—the first concealed weapon legal defense program to truly provide legal defense for self-defense. The legal defense team’s mission is to educate our members in self-defense law; empower them to handle critical, life-threatening situations with confidence; and protect them from potential injustices in the legal system after acts of self-defense. The team believes in empowering members through knowledge, education and a self-defense mindset. U.S. & Texas LawShield challenges the status quo regarding the affordability of legal defense. The program exists to support and protect our members’ fundamental legal rights in a potentially hostile legal system.

U.S. & Texas LawShield’s vision is to create a united movement of life-saving awareness, from protecting your liberties and freedoms, to ongoing education and preparedness, to specialized first aid certification, to taking responsible self-defense measures, so that all Americans are vigilant and empowered. They are driven by their love of America, freedom and family. They are a strength-in-numbers community that ensures equal access to justice and affordable legal representation for our members. Their higher purpose is to create a united community of responsible individuals who believe in liberty and the inalienable right of self-defense.

The legal defense team is proud of its story, proud to be Americans and proud to protect our members with an industry-leading concealed weapon legal defense. These attorneys are always at the ready to stand up and fight for those who have had to defend their own safety. Safety—a word of such significance and worth, they’ve built their core values upon it.

The NFATCA is pleased to announce a partnership with the U.S. & Texas LawShield organization. Over the coming weeks and months, you will learn about exciting and valuable products and services that can help each and every member of our organization deal with the intricacies of the legal entanglements that can occur when using a firearm or operating a firearms enterprise.

We will soon be rolling out 365/24/7 coverage options for our members and will also be developing educational programs and seminars to keep all of you up-to-date on the issues and concerns that matter the most.

And before you wonder if this is just another bunch of lawyers, all of them are folks “with a gun problem,” just like the rest of us! The NFATCA is committed to providing our members and our community with advocacy and resources. This is just another way we are trying to deliver upon that commitment. Please join or renew your membership today at nfatca.com. 

Don’t Fake Your Love Letters

One of the great challenges of writing a regular column for a magazine is embracing the lag between writing the column and having it published. There’s a lot that goes on in between those two events, and it takes effort and time to get things right. That lag also means that it can be difficult to maintain a firm connection with current events, but I don’t think that this column will have a problem with currency in this issue. As this column is being written, there is a small kerfuffle (always wanted to use that word in this column!) on social media regarding a small aspect of the National Firearms Act (NFA).

The latest topic that is fanning the flames is the current activity deployed by ATF’s NFA Division in regard to dealer sample machine guns. Back tracking a moment, the machine gun world in the United States is divided roughly among fully transferable firearms, so-called “pre-May” dealer samples and post-May dealer samples, also known as “posties.” FFL/SOT’s have been able to obtain these posties by way of submitting documentation, along with the Form 3 application for transfer, that establishes that the firearm is particularly suitable for use by a law enforcement agency (or military unit). Such information must show why a sales sample of a particular firearm is suitable for such use and the expected governmental customers who would require a demonstration of the firearm. Information as to the availability of the firearm to fill subsequent orders and letters from governmental entities expressing a need for a particular model or interest in seeing a demonstration of a particular firearm would establish suitability for governmental use. This documentation is often called a “love letter” and has been a long-standing component of the NFA landscape. Some dealers obtained these love letters with ease, and others encountered great difficulty. Apparently, ATF has now decided that some love letters are not quite what they seem and have begun verification of the letters.

Of course, there is a great deal of jumping to conclusions: “Love letters are dead!” “Prices will sky-rocket for the going-out-of-business posties!” “ATF is changing the rules again!” “I predicted the end of this!” A copy of a recent rejection of a love letter has surfaced, and it seems to be the focus of the consternation as shown above.

As is often the case, the ire of social media may, indeed, be slightly misplaced. Most, if not all, FFL/SOTs are still able to utilize bona fide love letters to justify the acquisition of a postie. There is no end to the process, as codified in Federal regulation. There is no change at the NFA Division in Martinsburg, West Virginia. NFA Division has always investigated transfer requests that may be viewed as suspicious. Yet seeing proof of NFA Division doing its job has become a cause celebre’ for the denizens of Facebook and gun forums. Nothing has changed. You can still use a love letter to obtain a postie. What you cannot do is abuse the system. And you absolutely must make certain that the love letter process is legitimate: The CLEO executing the validating statement understands what he or she is affirming and that NFA Division may actually verify the document. Further, the love letter states that a demonstration is requested for contemplation of a future purchase. Don’t submit the letter if you have no intention of doing the demonstration! In short, don’t fake the love letter.

The NFATCA reviews these types of issues on a very regular basis. Let us know if you run across something that catches your eye! We will be happy to check things out and provide some basis in fact for what appears to be happening. Send us an email at info@nfatca.org. Or visit us online at nfatca.org or facebook.com/NFATCA.

Show Changes and the Challenge of Form Processing

I’ve returned from Kentucky after representing the NFATCA at the bi-annual Knob Creek Machine Gun Shoot. Also representing the NFATCA were board members Curt Wolf, Bob Landies and Robert Segel. There have been significant changes for the event that have been evolving for quite some time now. I’d like to brief you on those changes and also what was discussed at our regular Thursday afternoon meeting at “The Creek.”

Knob Creek Format Change

First up is the really big news: Beginning with the spring event, Knob Creek will be morphing into a two-day show. Set-up for vendors will still happen on Thursday. It’s the rest of the show that changes! The show will be open from 9:00am until 9:00pm on Friday and Saturday. There will be a night shoot on both days to help entertain the crowds. Vendors may begin tearing down after 9:00pm on Saturday, or, vendors may choose to come back Sunday morning for tear down. Knob Creek will provide security overnight and through 11:00am on Sunday. Most are viewing this change as being responsive to the changing atmosphere of the event and are eager to see the change be well-received.

Attendance was fairly strong during this fall production. Savvy buyers were snapping up deals on parts kits and accessories. Some machine guns did change hands, as well. There was a gentleman who had a table full of rotary 26.5mm flare launchers that looked like something from a science fiction movie. Those seemed to draw a lot of attention, and I believe he sold all but one or two (he had dozens). The weather was damp and cold. This was actually a good thing! There were no pesky fires started on the mountainsides by tracer fire and no stoppages as a result. The line was hot and rolling, and the crowds seemed to be very much into all the lead going down range. The dust was held down, mostly as a result of the very much appreciated concrete floor installed under the pole barn. The morning invocations went as expected. And the always tongue-in-cheek bake sale to raise funds for the Kentucky Diabetes Network was a success.

NFATCA Current Events

The Thursday meeting held by the NFATCA in the range house reviewed current events on the minds of everyone. Curt Wolf reviewed the proposed changes in administration of ITAR from State Department to Commerce Department. Although not complete, these changes are welcome and needed. However, Curt rightly pointed out that manufacturers of NFA items such as suppressors and machine guns will still be regulated by State, along with the continued need for complicated registration and payment of onerous fees. We will continue to advocate via various avenues for the reduction or elimination of this burdensome regime, especially for those who do not export. I also detailed the challenges currently being experienced by many with forms processing. It is true that Form 1 is back online with the eForms system. It is also true that the NFA Division is still not capable of receiving electronic fingerprints. As a result, using eForms for a Form 1 will require a somewhat complicated “dance” that entails a portion of the process online, a receipt of a cover letter for use with hard copy fingerprints and then mailing in of the fingerprint cards with the cover letter. It is hoped that the NFA Division will be able to fine tune this process and then return Form 4s to the eForms roster in short order. The NFA Examiners appear to have broken the backlog of most of the transfer and making applications. Dealers are reporting Form 3 approvals in terms of days or hours. End user processing is still problematic, though. Some forms have been languishing for a year or more. And some current submissions are dealing with a reported bottleneck at FBI for background check processing. NFATCA has a scheduled meeting with ATF senior management and will obtain more detail on the FBI logjam. The capacity crowd at the meeting in the range house/snack bar was strongly encouraged to make sure to get out and “vote red” in the upcoming election. The reminder should not be necessary, though. As NFA enthusiasts, we should always vote in every election, and we should always make sure that we are voting for candidates that support the Second Amendment. The meeting wrapped up with a complimentary BBQ dinner, provided by Knob Creek proprietors, Kenny & Tracy.

The NFATCA attends many events each year to ensure effective membership outreach. Fall and Spring Knob Creek, SAR West, SHOT Show and the NRA Annual Meeting are always on our roster. If you are attending any of these events, make sure to stop by and say “hi.” We’d love to hear from you. As we pass 15 years of service to the NFA community, we want to thank you for your continued support. If you already are a member, thanks! If you are interested in becoming one, you can sign up at nfatca.org today.

The Future of Gun Shows

I am writing this column with about a month before the start of the Fall Knob Creek Machine Gun Shoot. Twice a year, stretching back for decades, Knob Creek has put on the classic event with few exceptions. “God willing and the creek don’t rise” actually has meaning for this event. If that creek in front of the range gets out of hand, the event gets cancelled. It doesn’t happen often, though. Many regular exhibitors and attendees of the event have chatted at great length about how the Knob Creek classic has evolved. Recently, exhibitors received a letter from the management of the event.

The letter describes how the Knob Creek Shoot is changing from a 3-day event to a 2-day event, with night shoots on Friday and Saturday. The Sunday portion of the event appears to have been eliminated. Is this a good thing? Only time will tell. Certainly, many of the exhibitors have been griping for years that the Sunday sales had all but evaporated. Knob Creek is being responsive to that concern. The bigger question is: What is happening to shows, in general? Whether it is a “Class 3” event or a “regular” gun show things have certainly changed. Sales have slowed, excitement has waned. Even the offerings seem to have become “strained” in terms of “gun stuff.” Again, what has happened?

It used to be that if you wanted a shot at getting something great in terms of a machine gun or a suppressor, Knob Creek was the place to be.  Not so much anymore.  One long-time suppressor vendor at Knob Creek laments that there have been several shows where he has not sold a single suppressor.  “So why do you keep coming?”  “I like the people.”  And those machine guns?  Pretty much every single attendee at any show can whip out their smart phone and have access to dozens, if not hundreds, of venues offering a nearly limitless selection of offerings at competitive prices.  The regular gun shows are suffering the same information overload.  That great deal on a Glock or a Remington 700 is just a click away.  Snarky t-shirts, beef jerky, bulk ammo and the missing part for Grandpa’s shotgun are just a few search clicks on Google away.

Yet the shows endure.  Pretty much everyone who we see at the shows on a regular basis clearly states that they love the reunion of friends, the social aspects of the event.  But we all want to make it better.  Better for the attendees, better for the exhibitors, better for the promoters.  All of us are wondering what the magic dust would look like to make things better.  So maybe it’s time to ask the biggest constituency of gun shows, the attendees, what they are looking for?  The NFATCA participates in many events, and having a good show is an important part of what we do.  What can the exhibitors and the promoters do to make the experience better?  Are there things that you would like to see and do?  Demonstrations?  Classes?  What would make the show experience, especially an NFA-oriented show, better for you?

We would like to hear from you.  Let us know what is on your mind.  Have some thoughts about shows?  Great!  We would love to hear from you about what you think we should be working on, what legislative efforts are on your mind, the political climate or the world of NFA, in general.  Send us an email at info@nfatca.org.  Or visit us online at www.nfatca.org or www.facebook.com/NFATCA.  The NFATCA is approaching nearly 20 years of service to the NFA community.  While things may be a little “slow” right now, we can assure you that we are still hard at work and have plenty of irons in the fire.

This article first appeared in Small Arms Review V22N10 (December 2018)

ITAR Compliance a Nightmare for Firearms Manufacturers

One of the most intense NFA discussions over the past many years has surrounded the topic of the State Department implementation of the International Trafficking in Arms Regulations (ITAR). This bit of legalese has been the subject of scorn and hassle for many. To put a fine point on it: State Department required each and every licensed manufacturer of firearms or ammunition, regardless of whether they exported or not, to register and pay at least $2,250 per year. Many manufacturers simply ignored the requirement, though we have diligently warned of the requirement and the penalties for willfully avoiding it.

Then, the State Department started stepping up their enforcement efforts. When manufacturers were brought to heel, they were often politely asked to provide a list of all the manufacturers that they had done business with. A shopping list for the State Department, as it were. It was pointed out that a complete list of every FFL, in every class, was published on the ATF website every month for anyone to download and read. Industry Operations Investigators (IOIs) for ATF began inquiring during site inspections regarding whether the potential or existing licensees had registered with State Department. Many had not and were politely and professionally advised of the requirement. A bit of concern spread like a virus throughout the FFL world. Many licensees that had flown under the radar were now stepping out in to the sunlight.

Those licensees learned that registration for ITAR compliance was anything but easy. Assemble a raft of documents establishing that your enterprise, in fact, existed. Download an instruction sheet on how to submit your payment from a difficult-to-navigate State Department website. Applicants must note that credit cards, check and money orders are not accepted as valid forms of payment of the onerous registration fee. The only methods accepted are automated clearing house (ACH) and something called Fedwire. Applicants will spend hours and sometimes days asking what Fedwire is. Eventually they will learn that Fedwire is just a government name for a normal wire transfer. Go to the bank and arrange for the ACH or wire transfer (usually at some additional expense) and send it off with State’s very precise instructions for what items need to appear in what fields of the payment transaction. Now wait until your bank provides confirmation of funds delivery. Download the application for registration. Fill out that form and save it as an unsigned document. Now sign a printed copy of that document, sign it, scan it and save it as a new document. An applicant will also want to scan and save a copy of the bank’s confirmation of payment because simply entering the transaction confirmation number on the application is not sufficient.

            With all of this in hand, go back to the cryptic website and proceed to the ominous DDTC registration portal. You will be walked through the submission process where you will upload all the various bits mentioned above. Assuming that you have done everything correctly, you’ll get a confirmation that your registration submission is complete. Now you wait for what will seem like a very long time to receive a notice that your registration is complete and that you have been assigned your own special State Department DDTC M code number.

            Now it is time for the good news and the bad news. The good news is that many firearms-related items are moving from State Department to Commerce Department. Many manufacturers will no longer have to go through the onerous and expensive State Department hassle. There will be simple forms to fill out if one is actually exporting, no annual $2,250 tithe to the fed. That is the good news. The bad news is that the National Firearms Act (NFA) community is unlikely to catch this break. As currently written, the proposed new rules do not provide for machine guns and suppressors to be transferred to Commerce Department purview. If you are an 07/SOT, you are still on the State Department hook.

            The NFATCA will continue to work with and support efforts to move all NFA items over to Commerce. International arms trafficking regulations should only apply to those that are actually involved in international transaction. Of course, that makes too much sense. And it is very hard for any government institution to give up an established revenue stream. We keep fighting. Thank you for your continued support. Please sign up and renew at www.nfatca.org.

This article first appeared in Small Arms Review V22N9 (November 2018)

Confused by California’s Gun Laws? See the Attorney General

Jeffrey Scott Kirschenmann of California, CEO of Scott Kirschenmann Farms, Inc., was recently charged with a dozen weapons-related felonies, after he attempted to comply with California’s state-mandated gun registration laws. He attempted to register an AR-15 using the state’s website and electronically submitted photographs of the firearm, which he was required to do by the end of June. Investigators seized two “silencers,” 230 rounds of ammunition and 12 firearms in the search. On May 17, the district attorney’s office charged Kirschenmann with a dozen felony weapons-related charges. He was subsequently released on $150,000 bond.

According to retired Kern County Sheriff’s Office Commander Joe Pilkington, a court-recognized firearms expert, California’s rapidly changing gun laws have created a significant amount of confusion with regards to what requirements are currently mandated. He suggests that anyone struggling to understand the current requirements should meet with a licensed firearms dealer.

That is really bad advice. Most licensed firearms dealers (FFLs) are not lawyers. As such, practicing law by giving legal opinions, advice and direction is not one of the best places for an FFL to be. It’s actually a horrible place to be. Legal advice should be obtained from a lawyer. Preferably one who specializes in the subject matter at hand. Obtaining legal advice from FFLs, friends who mean well, the Internet, social media or the folks on the line at the shooting range is a recipe for disaster.

It is often said that there are 50,000+ laws, rules and regulations that control firearms in the United States. The United States Code, the Gun Control Act, the National Firearms Act, the Tax Code, the Code of Federal Regulations, state laws, municipal laws, codes and regulations and EPA (really) … . There are any number of ways that one can run afoul of the law. For most of the things that collectors, dealers, manufacturers and importers do, there are easily accessible best practices and guides. But there are always questions beyond the run of the mill. When those question arise, it is best to seek competent legal direction.

This does not always mean hiring an expensive lawyer! Contrary to Mr. Pilkington’s advice, the first place a California resident with questions should go to for direction is to the State Attorney General’s office. Getting direction from those who will be enforcing and interpreting the law is always the best, first inquiry. The same mode holds for local and federal issues. Start with the folks who will be responsible for the issue at hand. This is not the clerk at the county tax desk. This is not the NFA Division receptionist on the phone. Each regulatory agency has a specific office tasked with providing an official, legal opinion. That is where you should start.

The same holds true for the legal documents that you may be using to acquire firearms or create legal structures for your business. When there is a problem, go to who wrote the instrument. Trusts, articles of incorporation, etc. Sure, it’s cheap and easy to use a trust in a box or an online template to build your LLC. And most of the time they work in an adequate manner. But who do you go to when something goes wrong? That FFL who sold you the inexpensive trust is not the lawyer who created the document and should not be dispensing legal advice. It should also go without saying that Facebook is not the best resource for addressing legal woes.

The NFATCA has often written in this column about the perils of obtaining legal advice from unqualified resources. It bears repeating because the consequences of violating federal, state and local laws can be significant. Confiscation and loss of property, staggering fines and incarceration are all part of the potential penalties for running afoul of the law. Do you really want to risk that on the word of a random profile of a Facebook group member? The NFATCA spends a great deal of time answering questions and pointing people in the right direction. We also connect people with qualified experts when the need is present. We want to make sure that you get what you need, when you need it. We tip our hats to those who have supported our efforts over the past 15 years, and we thank those who continue to do so.

What We Have Done for You

Apologies are offered in advance to anyone who winds up having a certain Janet Jackson song playing on an internal record player for the rest of the day. We have just wrapped up our annual participation in the industry gathering known as the National Shooting Sports Foundation SHOT Show in Las Vegas. NFATCA has been an exhibitor at this event for many years, and it is always great to reconnect with 60,000+ firearms enthusiasts. Most everyone who stopped by had one question: What have you done for me lately?

Fortunately, we had prepared an easel for assisting in answering this very question. And while some may have had issue with the route we have taken, nobody argued with the information that we had on the bold sign on the easel that detailed our previous accomplishments and our future agenda:

• Plain English NFA Handbook—DONE
• Eliminate CLEO Approval—DONE
• Another Amnesty Registration
• Repeal the Hughes Amendment
• Remove Suppressors from NFA
• Remove Short-Barreled Weapons from NFA
• Roll Back ITAR, eliminate or reduce

We made it perfectly clear that our efforts were measured in long-term diligence. As we approach our 15th year, we know that there is no such thing as a flash in the pan or a quick hit. Eliminating the CLEO approval process took a decade. “Watching grass grow is exciting. This is like watching dry paint fade.” That quip got chuckles (and quotes in national media). But the clear message was unambiguous. We have listened to our community, and we have made it crystal clear where we stand. Our agenda is exactly what our community has stated that it wants. And we have asked for assistance in funding our efforts. To our surprise, many folks at SHOT Show opened up their wallets on the spot. 2018 SHOT saw one of the largest influx of new members and membership renewals in many years.

Of particular note is the reaction to the NFATCA advocating for the repeal of the Hughes Amendment. The amendment was part of a larger act called the Firearm Owners Protection Act (FOPA). The Bureau of Alcohol, Tobacco and Firearms and Explosives (BATFE) interpreted the Hughes Amendment as a prohibition on the civilian ownership of any fully automatic firearm manufactured after May 19, 1986. Hughes created the transferable, pre-May and post-May classes of machine guns and is the foundation for the ever-increasing prices for those transferable machine guns. Many folks fell back on the inaccurate assumption that the NFATCA was a good old boys club, intent on “protecting the value of their collections.” We took the opportunity to dutifully explain that truly collectible weapons would not lose their value and that eliminating Hughes would give everyone the opportunity to own more NFA weapons at more reasonable prices—something that would allow dealers to make more money because they were selling MANY more weapons! Yes, common guns would take a value hit. The so-called good old boys are simply not invested in those common guns. An authentic M1917 Browning belt-fed is always going to be worth much more than a reproduction. With Janet Jackson’s tune playing in our heads, we then asked for financial support to get the job done.

People seemed to understand that we are establishing expectations that are measured in the long term and that we are determined to stick around for the long fight to make sure that our goals will be achieved. We have engaged top-shelf counsel in our efforts. Our board is actively searching for new voices to augment our leadership. And we still need your help in fighting the good fight. Is it time for you to renew? Have you, for some reason, put off your renewal? Would you like to increase the level of your support? Would you like to join our effort? Our agenda is your agenda, and it is time to step up. Head over to www.nfatca.org and click on the Join Now! link on the left. We never left the fight, and we are in it for the long haul.

Mixed Messages from Shows

This NFATCA Report is being written while the temperatures in Brownsville, Texas are significantly colder than the temperatures in Anchorage, Alaska—a bit unsettling for the first week of January 2018. That said, the unusual weather patterns appear to be mimicking the unusual legislative and regulatory activity going on in Washington, D.C. You never know quite what you’re going to get, and you will be hard-pressed to come up with a solid reason This NFATCA Report is being written while the temperatures in Brownsville, Texas are significantly colder than the temperatures in Anchorage, Alaska—a bit unsettling for the first week of January 2018. That said, the unusual weather patterns appear to be mimicking the unusual legislative and regulatory activity going on in Washington, D.C. You never know quite what you’re going to get, and you will be hard-pressed to come up with a solid reason for why it is happening. Or maybe it’s just that the reasons are difficult to fathom.

There was a Notice issued by the Department of Justice (DOJ) on December 21, 2017, just before Christmas. A list of 25 guidance documents was withdrawn after a November 17 memorandum from Attorney General Sessions prohibiting the DOJ from using guidance documents to circumvent the rulemaking process. A handful of the 25 rulings and circulars involved the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) and were dumped as being obsolete, redundant or unnecessary:

• ATF Procedure 75-4, guidance incorporated into current document
• Industry Circular 75-10, guidance incorporated into current document
• ATF Ruling 85-3, obsolete
• Industry Circular 85-3, obsolete
• ATF Ruling 2001-1, obsolete
• ATF Ruling 2004-1, obsolete

There was a considerable buzz from the community and even the media trying to divine what ATF might be up to. To quote Dr. Freud, “sometimes a cigar is just a cigar.” The referenced items were obsolete and redundant and needed to go. Unfortunately, getting rid of these items may also be paying heed to the President’s requirement that two regulations must be tossed for each new one brought to bear.

And then there is the three-ringed circus surrounding bump stocks and other firearms accessories. The previous administration previously determined that such accessories were not firearms and did not fall under the purview of firearms enforcement regulations of any kind. BATFE appeared to be toeing this line after the Las Vegas mass-shooting incident. However, calls to do something could not be resisted. Conflicting messages were bandied about from many pro-2A and gun-control advocates. Recently, the BATFE and the DOJ announced their intentions to change the settled landscape view on Advanced Notice of Proposed Rulemaking (ANPRM): https://goo.gl/5q5jji. It is uncertain as to whether BATFE will come to the same conclusions, whether BATFE will determine that legislation is required to make any changes in enforcement or if there is something else, entirely different, at work.

The NFATCA strongly opposes any attempt by BATFE and the DOJ to “re-interpret” the legislative definition of National Firearms Act items, specifically machine guns, to include so-called “bump/slide fire” stocks and other similar, non-firearm accessories. Previous BATFE/DOJ research has found that these devices do not meet the definition of firearms or machine guns, and nothing has changed since those recent evaluations were made on numerous occasions.

The NFATCA encourages everyone to participate in the open comment period and clearly express their views when BATFE makes the ANPRM public.

It is not unusual to receive mixed messages from regulators and legislators. Indeed, it can be quite difficult to determine which way the wind is blowing (apologies for another weather connection). Even seasoned legislative professionals can come up short when trying to figure out exactly what is going on. That is why it is important to stay on top of the issues and to learn as much as you can from as many sources so that you can present a reasoned and cogent perspective. The NFATCA is certain that 2018 will present many opportunities to the NFA community. Hopefully, those challenges will include the elimination of even more unnecessary regulation and the rejection of new regulation that serves no public interest.

Disaster Strikes: What to Do

Readers should consider this a follow-up to last month’s report, which was written as Hurricane Harvey prepared to make landfall. Harvey did, indeed, make landfall. And Harvey dumped over 50 inches of rain on the Houston metropolitan area, where I live, in just a few short days. Most of you have likely seen pictures and read reports of the devastation that the biblical deluge caused. The water simply had nowhere to go and flooded out many in seemingly random ways. My home averted being flooded out by only one inch. A few doors down, hundreds of neighbors have not been so lucky. The FEMA investigators have labeled most of those homes “uninhabitable,” and 10-foot-high debris and rubbish piles line the curbs. It could have been much worse.

As the tension mounted, I received several communications from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding disaster preparedness. They gave me a few general heads up pointers regarding safeguarding my records and my inventory. Frankly, those communications did not inspire confidence. ATF maintains a public record of all Federal Firearms Licensees (FFLs) and those records are mere clicks away to anyone with an internet connection. The water rose inexorably, and I waited. Eventually, the National Guard and the Sheriff’s office came by and pounded on the door. The evacuation order had been given, and it was time to get out. No can do.

“You don’t understand, sir. This is a mandatory evacuation order and you have to leave now.” And then I went on to explain what an FFL was and that there was no way that I was going to abandon my inventory to potential looters. A few glances were exchanged, and I was told to be safe. Off they went. ATF’s guidance states “If a disaster is imminent, consider relocating inventory.” For the life of me, I could not understand how that is practical. I had about a pallet of bottled water, 45 gallons of gas for the generator, plenty of food and strategically placed defenses, should looters decide to show up. I used some plastic sacks full of potting soil to block the front door. I hunkered down (remind me never to use that term again) and waited with my wife. To busy myself, I got all the inventory that was near floor level up and out of harm’s way.

We watched the 24/7 marathon of storm coverage on satellite TV that never faltered. The power never went out, either. Every hour, on the hour, I poked my head out the front door to see the water rising. First to the curb, then up the front yard and creeping toward my front door. As I wrote earlier, the water got to within an inch and then stopped. And then began to recede. That was when the real work began.

Neighbors began to salvage their belongings. Many of them asked if they could store firearms with me since my home was safe and dry. Being the dutiful FLL, I asked each person that brought guns by to give me written instructions to inspect, clean and repair any water damage for each weapon they presented. I made a copy of their driver’s license and then entered each weapon in my Acquisition and Disposition book. After the weapons were secured, my entire family began helping those same neighbors dismantle their homes. Carpeting and padding had to be cut out and hauled to the curb. Same for soggy sheet rock, water-logged cabinets and furniture, mattresses and appliances. Weeks of work that was just plain nasty.

It was during this demolition that I received a phone call. I could tell from the caller ID that it was one of the Houston area Industry Operations Investigators, and I was immediately on edge. I answered quickly not knowing what was going on. As it turns out, ATF was making personal phone calls to each FFL. ATF wanted to know the status of each of us. Were we safe? Were the premises compromised? Was the inventory secure? Were the records secure? I knew the IOI on the other end of the call. We had previously worked together on an inspection, and I knew that he was a consummate professional. I told him that everything was cool and calm on my end and that I appreciated his phone call to make sure. Frankly, I expected something along the lines of just another automated alert from ATF’s robo-dialer. The personal touch was appreciated.

NFATCA wound up receiving many calls from members wanting to know the right way to take care of things that were scrambled by the hurricane. It happened again when Irma hit Florida. We told our members and others who called that the best way to do things was by the book. Take care of yourself first and then take care of weapons by the book, no shortcuts. Document, document, document every activity. There are still tropical events spinning up near the United States and there could easily be more calamity. It’s never too early to create or hone your disaster plan.

Be Prepared …

There have been many quite prescient individuals that have offered the opinion that a failure to plan is a plan for failure. It seems simple enough. The thought is that exerting a little bit of effort up front will result in less than catastrophe in the future. So why is it that so many of us fail to heed the sober warnings of those who have quite obviously been through “it” before? Why are so many folks, particularly those involved in firearms, caught up in calamity that could have been avoided with some simple, diligent planning on the front end?

I do not pretend to offer commentary on the human condition. I will suggest to you that I am speaking from personal experience. Prior Planning Prevents Poor Performance. Like many of you, I hold a Federal Firearms License (FFL); in my case an 07/SOT as a manufacturer. It is all too easy to put off checking in deliveries. It can wait. It is much less fuss to copy down the information from the invoice into the Acquisition and Disposition book when I get a few spare moments. It is all too easy to just punch holes in the 4473s and shove them in the giant binder.

But that is a recipe for disaster. Boxes that aren’t handled could easily be forgotten or dealt with far past ATF’s entry timeline requirements. Working from an invoice for critical record information? What are the chances that the shipper made a mistake? Not proofreading the 4473s? Nobody ever makes a mistake on those. We all know that reality is somewhat different than our ideal state of bliss. So, I deal with the shipping boxes as soon as they arrive. I open the boxes. I lay eyes on each and every serial number and reconcile it with the invoice right away. The right serial number goes in the A&D book right then. Every line on every 4473 is checked. How about that? I forgot to sign at least one of them. Pretty sure that the Industry Operations Investigator would have cheerfully pointed that out to me. Doing it right, the first time, reduces the unpleasant prospect of having to do it again under scolding eyes—or worse.

There is also another aspect to good planning that many of us tend to miss or purposefully ignore: our own demise. Sadly, I am currently dealing with the loss of a parent and am very familiar with the ocean of detail that must be dealt with as the result of someone’s passing. I combine this direct knowledge with the all-too-frequent inquiries that the NFATCA receives from folks who are dealing with the passing of an FFL holder. “What do I do with all these guns?” Unfortunately, many FFL holders do not have any type of succession plan or even a basic list of instructions as to what to do or how to dispose of things. The survivors are confronted with a pile of guns, a mountain of paperwork, an ocean of confusing regulation and the icy paralysis of indecision. Of course, adding NFA items to the mix only heightens the anxiety. “Exactly what am I supposed to do with this machine gun?”

Each of us should have a will. Or, at the very least, a set of instructions as to what comes next. Diligent planners will have worked with an estate planning professional (well worth the relatively minor expense) to make sure that their desires are carried out with a minimal amount of difficulty for the survivors. Every single person or entity that holds an FFL should have a similar set of plans laid out for their firearms enterprise. How will (or must) weapons be disposed of? Will the FFL continue or dissolve? What paperwork will be needed? What about those posties? Can the spouse just keep it all? This need not be difficult, confusing or overwhelming. A little planning up front will save a lot of anguish for those who watched you build over the years.

Need some direction? The NFATCA offers help for this and a host of other things that directly support the NFA community. Over a dozen years into its existence, the NFATCA still helps to bring more NFA opportunities to more people, more often. And we will continue to do so.