ATF

Sample Block


Bureau of Alcohol, Tobacco, Firearms and Explosives


 

FEDERAL FIREARMS LICENSEE INFORMATION SERVICE


PROVIDED BY THE U.S. DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

WASHINGTON, DC


VOLUME 1

SEPTEMBER 1995




STREAMLINED APPLICATION PROCESS


In response to concerns voiced by the firearms industry, ATF has reduced
the paperwork volume of the Federal firearms license application package.

The Violent Crime Control and Law Enforcement Act of 1994 increased
the amount of information required to qualify for a Federal firearms license.
The collection of this information initially increased the number of forms
in the application package to 6. This increased paperwork caused the Firearms
and Explosives Licensing Center (FELC) in Atlanta to become extremely backlogged.
ATF has now consolidated the information so the package will consist of
only 2 forms. We anticipate that the reduced number of forms in the package
will decrease applicant preparation hours, ATF processing time, and printing
costs, thereby saving taxpayer dollars.

ATF believes that this form consolidation enables ATF to obtain the
information it needs to maintain our licensing standards while at the same
time providing some relief from the paperwork burden to licensees. Though
some questions may have been deleted as a result of the consolidation,
ATF s field inspection program provides an opportunity to clarify any areas
of concern and assist in determining whether the applicant is eligible
for a firearms license.

In addition, some of the new information required (e.g. pictures, fingerprints
and notification to local law enforcement of intent to engage in business)
is only necessary on a one time basis. Once this information is provided
to ATF, if there are no changes in the location and conduct of the business,
it will not be required again in 3 years when the license is renewed.

The new simplified licensing package is now available and can be obtained
by contacting the FELC or your local ATF Regulatory Enforcement office.

NEW PUBLICATIONS


The following publications have been updated and are scheduled to be printed
and distributed to you in October of 1995.

ATF P 5300.4, Federal Firearms Regulation Reference Guide (Formerly
known as (Your Guide to) Federal Firearms Regulation), more commonly known
as the red book . The color of the new book is yellow.

ATF P 5300.11, Firearms Curios or Relics List

NEW FACES


There have been two recent personnel changes within ATF that will be of
interest to the firearms industry.

Mr. Andrew L. Vita has been appointed as Associate Director for Enforcement.
Mr. Vita joined ATF as a special agent in the Bureau s Chicago office in
1969. Subsequent assignments included Group Supervisor in Chicago; Special
Agent in Charge of the Organized Crime Branch, Washington, DC; and Special
Agent in Charge of the Special Programs Branch, Washington, DC. In 1983,
Mr. Vita was named Assistant Special Agent in Charge o the Philadelphia
District Office and Supervisor of the Northeast National Response Team.
In March 1988, he was appointed Special Agent in Charge of the Seattle
District Office, and in 1989, he was reassigned as Special Agent in Charge
of the Los Angeles District Office. Mr. Vita entered the Senior Executive
Service in July 1991. With ATF s restructuring in 1994, Mr. Vita was named
as Deputy Associate Director of Criminal Enforcement Programs. He was promoted
to his current position in August 1995.

Mr. Vita is a graduate of the University of Illinois, the Center of
Creative Leadership, and the Federal Executive Institute. He is a member
of the International Association of Chiefs of Police (IACP), having served
as Chairman of the Firearms Committee and an ATF/(International Association
of Bomb Technicians(IABTI) Critical Incident Peer Counselor.

Mr. Walfred A. (Wally) Nelson has been appointed as the Chief, Firearms
and Explosives Regulatory Division and will officially report for duty
in January 1996. Currently Mr. Nelson is Assistant District Director for
the Midwest District in Chicago. He directs the alcohol, tobacco, firearms
and explosives inspection activities for the district, which is composed
of eight area offices and nineteen posts of duty in ten states.

Mr. Nelson joined ATF in 1972 as an Inspector in Tuscola, Illinois.
During the period from 1973 to 1978, he served as an Inspector in Peoria,
Illinois, Kansas City, Missouri, Omaha, Nebraska and as a Special Inspector
in St. Paul, Minnesota. From 1978 to 1985 he served as Area Supervisor
for the Detroit Area Office. From 1985 to 1987 he was a Management Examiner
on the staff of the Assistant Director (Compliance Operations), which included
service as National Training Coordinator. He served in the U.S. Army from
1969 to 1971, which included a tour with the Infantry and Military Police
in Vietnam. He attended Indiana University, Bloomington, Indiana and received
a BA in American history in 1969.

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT TEMPORARY REGULATIONS

Temporary regulations were published in the Federal Register on April 6,
1995, pursuant to the enactment of the Violent Crime Control and Law Enforcement
Act of 1994. Except for certain marking requirements, the regulations were
effective upon publication in the Federal Register.

FIREARMS THEFT


Federal firearms licensees are required to report the theft or loss of
firearms from their inventory or collection to local authorities as well
as to ATF within 48 hours after the theft or loss is discovered.

The notification to ATF must be made through our toll free theft hotline
number which is 1-800-800-3855

The hotline is operational 24 hours a day, 7 days a week. The caller
should indicate that he is a Federal firearms licensee and be ready to
furnish his license number. The hotline representative will provide the
licensee with an incident number which should be recorded in the licensee
s bound book.

The verbal notification must be followed up by a written notification
to ATF within the same 48-hour period. The written notification should
be made on ATF F 3310.11, Federal Firearms Licensee Theft/Loss Report,
in accordance with the instructions on the form. This form is available
from the ATF Distribution Center, P. O. Box 5950, Springfield, Virginia
22150-5950, (703) 455-7801.

RESTRAINING ORDERS


The Violent Crime Control and Law Enforcement Act of 1994 amended existing
firearms statutes to make it unlawful for persons subject to certain restraining
orders to receive, ship, transport or possess firearms or ammunition. To
be disabling, the restraining order must:

Be issued after a hearing of which notice was given to the person and
at which the person had an opportunity to participate.

Specifically restrain the person from harassing, stalking, or threatening
an intimate partner (e.g., spouse or former spouse) or the child of an
intimate partner .

Include a finding that the person subject to the order represents a
credible threat to the intimate partner or child OR explicitly prohibits
the use, attempted use, or threatened use of physical force against the
partner or child that would reasonably be expected to cause bodily injury.

This new amendment does not prohibit persons subject to such restraining
orders from receiving or possessing firearms or ammunition for use in performing
official duties on behalf of a Federal, State or local law enforcement
agency.

ATF Forms 4473, Firearms Transaction Record, have been amended to include
this category of prohibited person. Federal firearms licensees should destroy
all obsolete 4473 s and use only those that include this category.

If you have any questions regarding prohibitive restraining orders,
please contact your nearest ATF office.

NOTE: We were unable to revise ATF Form 5300.35 (Brady form) due to
the strict wording of the Brady Handgun Violence Prevention Act regarding
the information that can be requested on that form. However, if a licensee
has reason to believe that a person is subject to a disabling restraining
order, the licensee should not transfer a firearm to that individual.

LAW ENFORCEMENT SALES


The Violent Crime Control and Law Enforcement Act of 1994 amended existing
firearms statutes to make it unlawful to manufacture, transfer or possess
a semiautomatic assault weapon or a large capacity ammunition feeding device.
One of the exceptions to the restrictions on these items is for law enforcement
officers purchasing them for official use.

Licensees may transfer semiautomatic assault weapons and large capacity
ammunition feeding devices to law enforcement officers with the following
documentation:

A written statement from the purchasing officer, under penalty of perjury,
stating that the weapon or device is being purchased for use in performing
official duties and hat the weapon or device is not being acquired for
personal use or for purposes of transfer or resale; AND

A written statement from a supervisor of the purchasing officer, under
penalty of perjury, stating that the purchasing officer

is acquiring the weapon or feeding device for use in official duties,
that the weapon or device is suitable for use in performing official duties,
and that the weapon or device is not being acquired for personal use or
for purposes of transfer or resale.

In the case of semiautomatic assault weapons, licensees are required
to retain the above statements in their permanent records for a period
of 5 years.

BEFORE YOU MOVE


The new requirements under the Violent Crime Control and Law Enforcement
Act of 1994 regarding certification by licensees that their firearms business
will be conducted in compliance with State and local law and notification
to the Chief Law Enforcement Officer that a firearms business will be conducted
in their jurisdiction have necessitated the creation of a new form for
amended licenses.

A licensee who moves his or her licensed premises to a different location
during the term of an existing license is required to submit ATF Form 5300.38,
Application for Amended Federal Firearms License, in accordance with the
instructions on the form, to the Firearms and Explosives Licensing Center
(FELC) not less than 30 days prior to the move.

For further information contact the FELC at (404) 679-5040.

FINAL BRADY REGULATIONS


Final Brady regulations were published in Volume 60 of the Federal Register
on February 27, 1995. These regulations have been made available through
the Internet and they are also included in the new Federal Firearms Regulation
Reference Guide.

MULTIPLE SALES REPORTS


Licensees must forward ATF Form 3310.4, Multiple Sale or Other Disposition
of Pistols and Revolvers, to the ATF Criminal Enforcement Field Division
Office for their area, not later than the close of business on the day
the multiple sale or other disposition occurs. Both copies 1 and 2 should
be mailed to ATF in accordance with the instructions on the form. The addresses
of ATF s criminal enforcement offices are listed on the reverse side of
the multiple sale form.

NO IMPORT PERMITS TO ARMSCOR


The Armaments Corporation of South Africa (ARMSCOR) was indicted by a U.S.
Federal Grand Jury in October 1991, for violating and conspiring to violate
the Arms Export Control Act (AECA). The Department of State advised ATF
that the AECA prohibits the granting of a license to export an item on
the United States Munitions List to applicants who are the subject of an
indictment for violating the AECA or when any party to the export i the
subject of such indictment. In administering the import provisions of the
AECA, ATF is subject to the guidance of the Departments of State and Defense
on matters affecting world peace and the external security and foreign
policy of the United States. The Department of State has requested that
all import requests for defense articles or defense services from ARMSCOR
be denied. Accordingly, ATF will deny all import applications for defense
articles or defense services when ARMSCOR or any of its successors or subsidiaries
is a party to the importation.

Provided below is a list of South African companies affiliated with
ARMSCOR. This list is not all inclusive. If you have reason to believe
that a company not on the list is a successor or subsidiary of ARMSCOR
and the company would benefit from the importation you are planning, you
should contact the Firearms and Explosives Imports Branch at (202) 927-8320
for a determination concerning the company s relationship to ARMSCOR.

Advena

Atlas Aircraft Corporation

Bonanero Park Ltd.

Dendex

Denelpen

Dinmar

Eloptro

Ergotech

Gennan

Gerolek

Houwteg

Industek

Infoplan

Kentron

LIW

Lyttleton Engineering Works

Media Makers

Mexa

Musgrave Manufacturers and Distributors

Naschem (formerly an African Explosives and Chemicals Industries factory)

OTR (Overbag Test Range)

Pretoria Metal Pressings

Simera Aicraft

Somchem (formerly an African Explosives and Chemicals Industries factory)

Swartklio Products (formerly Ronden, the Cape Peninsula Fireworks Firm)

Umed

LICENSING TELEPHONE


For several years, the Firearms and Explosives Licensing Center (FELC),
in Atlanta, Georgia, was accessible by a toll-free number for questions
related to licensing. The toll-free number was officially disconnected
on March 1, 1995. The licensing center can continue to be reached at (404)
679-5040.

CHANGE IN EXCISE TAX DEPOSITS


Public Law No. 103-465, the Uruguay Round Agreements Act, changes the deposit
requirements for importers and manufacturers who are liable for the firearms
and ammunition excise tax imposed by 26 U.S.C. 4181. Effective January
1, 1995, taxpayers who are required to make deposits of tax with respect
to semimonthly periods (generally any person who incurs more than $2,000
in excise tax for any month in the preceding quarter) will be required
to accelerate the last deposit for the fiscal year.

Under existing deposit rules, the deposit for the last semimonthly period
of September (Setember 16-30) would be due on October 9. However, the new
provisions of the law require that semimonthly depositors make the deposit
for the period September 16-25 no late than September 29.

Regulations implementing the new deposit requirements were published
in Volume 60 of the Federal Register on June 28, 1995. In addition, ATF
Industry Circular 95-3 announcing the new regulatory requirements was sent
to all excise taxpayers on July 10, 1995.

GOING OUT OF BUSINESS


ATF continues to receive inquires regarding the records to be surrendered
upon permanent discontinuance of business by Federal firearms licensees.
If the business is being discontinued completely, the licensed dealer is
required, within 30 days, to forward his records to the

ATF

Out-of-Business Records Center

Falling Waters, West Virginia 25419

The records consist of the licensee s bound acquisition/disposition
(A/D) records, ATF Forms 4473, ATF Forms 5300.35 (Brady forms), ATF Forms
3310.4 (Multiple Sale), and records of transactions in semiautomatic assault
weapons. If the licensee was granted a variance to use a computerized recordkeeping
system, the licensee is required to provide a complete print-out of his
entire A/D records.

If someone is taking over the business, the original licensee will underline
the final entry in each bound book, note the date of transfer, and forward
all records and forms to the successor (who must apply for and receive
his own license before lawfully engaging in business) or forward the records
and forms to the ATF Out-of-Business Records Center. If the successor licensee
receives records and forms from the original licensee, the successor licensee
may choose to forward these records and forms to the ATF Out-of-Business
Records Center.

Failure to surrender the required records is an offense punishable by
fine and/or imprisonment. A licensee discontinuing business must immediately
notify the Firearms and Explosives Licensing Center in Atlanta, Georgia.

RESTORATION OF FEDERAL FIREARMS PRIVILEGES


ATF anticipates that the 1996 fiscal year Congressional appropriations
provisions will continue to prohibit ATF from expending funds to investigate
and act upon applications for relief from Federal firearms disabilities,
except for applications filed by corporations. For more specifics, contact
the Firearms Enforcement Branch at (202) 927-8040.

THE NET


This edition of the FFL Newsletter is the first of several ATF publications
to be made available to the public through the Internet. Information published
by ATF may be accessed by using the ATF address atf.ustreas.gov. In the
future we anticipate extending internet services to the explosives industry.
For further information, contact Ms. Lee Alston-Williams, Firearms and
Explosives Operations Branch, (202) 927-8310.

INDUSTRY MEETINGS


During the past year, ATF has worked to implement a strategic plan that
will enable us to operate more effectively and fulfill our mission in the
fight against violent crime. One of the major goals of this plan is to
establish a cooperative working relationship with the firearms and explosives
industry. A stronger working relationship with the firearms and explosives
industry will strengthen our ability to define key issues and design administrative
and legislative solutions.

In workig toward this goal, ATF has held several meetings with various
segments of the firearms and explosives industry. These meetings have provided
a forum for the concerns of the industry to be passed on to ATF. In turn,
ATF has been able to more clearly enunciate its responsibilities and objectives,
and has identified areas of common interest with the industry where we
can work for improvement through collaborative efforts.

Some examples of the meetings held during the last year are:

January 1995 A series of meetings in Las Vegas during last year 's SHOT
SHOW with various segments of the firearms industry.

May 1995 Gunshow Promoters in Denver, Colorado

May 1995 Fireworks Industry in Cincinnati, Ohio

July 1995 Auctioneers in Buffalo, New York

August 1995 Pyrotechnics Industry in Stevens Point, Wisconsin

SHOT SHOW


Once again, we have accepted an invitation from the National Shooting Sports
Foundation to participate in the SHOT SHOW. Although the details are not
yet final, we anticipate having another series of meetings with industry
groups during this event. In addition, we will have a booth at the show.
Please stop by! We would be happy to listen to any questions, comments,
or suggestions you may wish to offer.

The FFL Newsletter is published by the Bureau of Alcohol, Tobacco and
Firearms, Firearms and Explosives Operations Branch, 650 Massachusetts
Avenue, NW, Suite 5100, Washington, DC 20226. Letters to the editor are
encouraged.