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ATF Ruling 2016-5 Guidance - Marking Variance for Government Defense Contractors

Answers to questions about marking variances for destructive device munitions manufactured as part of a valid United States Government (USG) contract.

Why is ATF issuing this guidance for Ruling 2016-5?

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Pursuant to ATF Ruling 2016-5, how should the alternate markings be applied to satisfy the requirements of, and comply with, the existing United States Government (USG) contract?

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How must the markings be applied to the destructive device munitions?

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Are there any other marking requirements?

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What information must be supplied to ATF prior to engaging in the manufacturing process?

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What, if anything, can be done with the destructive devices that are ultimately rejected from a USG contract or are overages from a USG contract?

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Does the marking variance extend to sub-contractors associated with the contract?

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When is a subcontractor considered “a party” to “an existing USG contract” for purposes of ATF Ruling 2016-5?

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Does the marking variance extend to any Foreign Military Sale (FMS) customers included in those DOD USG contracts?

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Can the manufacturer submit additional lot numbers, if needed, as a result of lot “slippage” or a change in lot number mid-production due to unforeseen issues? If so, how should this be done?

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