Yes, you must file a report to let ATF know that you had no activity. A lack of activity is just important as significant activity because it helps provide an accurate, overall statistical profile of the firearms industry in the United States for a particular period.
You may file an amended report with ATF at any time. You should write the words “Amended Report” across the top of the AFMER form and be sure that you clearly and accurately identify the period for which you are amending your data. It is also helpful to ATF if you provide a contact name and daytime telephone number for us to use if we have any questions about your amendments.
AFMER data is compiled into an annual statistical profile and released each January on ATF’s website (www.ATF.gov). Final release is deferred by one year, so 2009 data was not released until January 2011, for example. Published AFMER data is referenced by academic researchers, industry trade associations, regulatory agencies, the media, private interest groups, and others having an interest in the scope, vitality, and diversity of the U.S. firearms industry.
ATF Industry Operations Investigators verify compliance with the AFMER filing requirement and the accuracy of data reported to ATF when performing compliance inspections of licensed firearms manufacturers.
Whether or not you need to report this as production depends upon whom you received the firearm from and the nature of the modifications you make. If you received the firearm (to include a firearm frame, receiver, action, or barreled action) from a licensed firearms dealer (Type 01 FFL) or a non-licensee, then you would not report it provided your modifications didnot change the firearm’s AFMER category. If your modifications altered the firearm’s AFMER category then you would include firearm in your AFMER report in the category of firearm you produced. If you received the firearm from another licensed manufacturer, then production would be reported once you entered it into commerce.
- You are a licensed manufacturer and obtain a riflefrom a non-licensee or firearms dealer. You remanufacture the rifle by adding custom parts and accessories before selling it at retail as a rifle.. You would not include the firearm in your AFMER report since the firearm waspreviously reported by its original manufacturer and your modifications did not change it into a different type of firearm.
- You are a licensed manufacturer and obtain a used rifle from a non-licensee or firearms dealer. You strip off the parts and replace the receiver with a new receiver that you acquired from a licensed manufacturer then sell the firearm at retail. You would include this on your report as a rifle, since you entered the new receiver into commerce as a rifle. IN CONTRAST, if you had purchased the new receiver from a licensed dealer you would not report it since the original manufacturer would have reported it previously. You are a licensed manufacturer and obtain receivers from a manufacturer who sold them to you through their firearms dealer’s license. You use the receivers to manufacture rifles and sell them at retail. This would not be reported since the receiver manufacturer would have included them on its report when transferring them from its manufacturing inventory to its dealer's inventory.
- You are a licensed manufacturer and obtain a rifle from a licensed dealer or non-licenseethen remanufacture it into a pistoland sell it at retail. This would be included in your AFMER report because your modification resulted in a change to the firearm’s type (i.e., from rifle to pistol). This would also be reportable for rifles turned into short-barreled rifles, semi-automatic weapons turned into machineguns, or any other remanufacturing that changes the AFMER classification of the weapon.
Each fall ATF sends out a final filing reminder to manufacturers for whom we have no record of having received an AFMER report for the preceding calendar year. If you believe ATF may not have received your report, you should call Program Analyst Tom DiDomenico at 304-616-4590 to resolve the situation. Always be sure to make and retain a copy of your signed and dated AFMER report for your own records. This can save work and duplicate research if re-submission of your report becomes necessary for any reason. You may contact ATF if you need to obtain copies of AFMER reports for previous reporting periods.
No. The AFMER report is used to report the number of firearms that are produced and have entered commerce
- If you produce 100 firearms in a calendar year but only 30 have entered commerce within that same calendar year, then you would only report 30. The other 70 firearms are still in your possession (and on your books) and would not be reported until the calendar year that they enter commerce.
Production of items that are not currently listed on the AFMER form should be recorded in section 8(g), Miscellaneous Firearms. Identify the type of miscellaneous firearm by writing it in section 8(g) or, if necessary, on a separate sheet of paper. If there are multiple types of miscellaneous firearms to be reported, please separate the totals by type instead of just providing a total for all miscellaneous firearms. Future versions of the AFMER form will provide categories for additional types of firearms. If you are uncertain where to report an item, you can contact FESD Program Analyst Tom DiDomenico at (304) 616-4590 for guidance.
AFMER reports can be filed by mail, fax or email. ATF encourages email submission as the fastest and least costly method
If you file your report through email (AFMER2@atf.gov) you will receive a receipt confirmation email within a few business days. If you mail or fax your report, or if you emailed your report but did not receive a receipt confirmation email, you can contact FESD Program Analyst Tom DiDomenico at (304) 616-4590 to verify that ATF received your report. You may wish to retain your receipt confirmation email to document your timely compliance with the filing requirement during an ATF compliance inspection.
No, AFMER is not a tax form. It is used for statistical purposes only.
No, you are not allowed to report before the calendar year ends unless you have permanently discontinued business, in which case you have no later than 30 days following the end of business to report.
- You manufactured 2 firearms in July 2011 and sell only 1 of them in September 2011.
- You decide to send in your 2011 report on December 15, 2011, but sell the last firearm on December 31, 2011. Your report would be inaccurate due to premature filing.
- You go out of business on July 1, 2011 and turn in a final report on July 11, 2011, within the 30-day deadline. In this case, your report will be accepted because it is the last report to be filed under your license.
Yes, section 2 (a) on the second page of the form states that separate frames or receivers, actions or barrel actions are to be included in your report when they are exported or disposed of in commerce to a person other than a licensed manufacturer. The licensed manufacturer who provided you the firearm would not include it on its own report because section 3 (b) on the second page of the form states that firearms disposed of to another licensed firearms manufacturer for the purpose of final finishing and assembly would be reported as zero.
No, a license to manufacture destructive devices also authorizes you to manufacturer firearms, the production and sale of which must be reported. But even if you produce only destructive devices, the filing requirement still applies to you.
ATF usually sends out the filing notice to all licensed manufacturers in late February or early March. According to Section 1(c) of the second page, manufacturers have until April 1st to submit an annual report covering the preceding calendar year’s business activity.
- If you receive a request letter in the mail on March 5, 2012, then the notice from ATF is requesting calendar year 2011 production data.
According to section 3 (b) on the second page of the form, firearms disposed of to another licensed firearms manufacturer for the purpose of final finishing and assembly need to reflect a production of zero.
Section 2 (a) on the second page of the form defines production as firearms manufactured during the calendar year, to included separate frames or receivers, actions or barreled actions, disposed of in commerce. A manufacturer who acquires these items from another licensed manufacturer in the assembly and production of complete firearms will include the manufacture of these firearms in their own report. Separate frames or receivers, actions, or barreled actions are to be included in this report when they are exported or disposed of in commerce to a person other than a licensed manufacturer.
- If you manufacture and sell a firearm you are to report it.
- If you manufacture firearms and send them to another licensed manufacturer to finish assembly and the other manufacturer sells the firearms into commerce or exports them, then you do not include these firearms on your report.
- If you manufacture a firearms part, send it to another licensed manufacturer for further assembly, and the other manufacturer returns it to you for sale into commerce or export, then you include these firearms on your report.