Electronic Nicotine Delivery Systems (ENDS)
An aerosol is a suspension of fine solid or liquid particles in a gas. Vapor, mist, fog, smoke, and steam are all forms of aerosols.
An electronic device is a device that operates by using an electrical current; either stored or on-demand.
According to the Prevent All Cigarette Trafficking (PACT) Act, the term "electronic nicotine delivery system (ENDS)" refers to any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.
According to USC 15 U.S.C. §§ 375 and 376, ENDS products include:
- E-Cigarettes
- E-Hookahs
- E-Cigars
- Vape pens
- Advanced refillable personal vaporizers
- Electronic pipes; and
- Any component, liquid, part, or accessory of such a device regardless of whether that item is sold separately from the device.
Equitable Sharing
Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies. Through equitable sharing, any state or local law enforcement agency that directly participates in a law enforcement effort that results in a federal forfeiture may either request to put tangible forfeited property into official use or an equitable share of the net proceeds of the forfeiture. The exercise of this authority is discretionary. The Attorney General is not required to share property in any case. Where the Attorney General chooses to share forfeited property, federal law, as set forth in the Controlled Substances Act, at 21 U.S.C. § 881(e)(3), for example, provides that:
The Attorney General shall assure that any property transferred to a state or local law enforcement agency…
(A) has a value that bears a reasonable relationship to the degree of direct participation of the state or local agency in the law enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law enforcement effort with respect to the violation of law on which the forfeiture is based; and
(B) will serve to encourage further cooperation between the recipient state or local agency and Federal law enforcement agencies.
Source: Asset Forfeiture Policy Manual (2016).
Experience (Special Agent)
Applicants may apply to any job they wish to be considered for. However, to make the best use of your time and the agency’s time, we recommend reviewing the qualifications and the entire announcement before you apply. If you feel that you meet the requirements of the job, then apply!
When reviewing resumes, we review the entire applicant’s experience, which also includes an analysis of all valuable experience (i.e., experience gained in religious, civic, welfare, service and organizational activities, regardless of whether pay was received). It is ultimately your decision what to include and what to exclude from your resume. However, not including certain work experiences may raise questions and a selecting official may wonder why you left off periods of employment. Whatever decision you make, ensure that you thoroughly address the qualifications of the announcement. Please note that during your background investigation, you will be required to provide a full and detailed description of all your work experiences. If we discover that you intentionally omitted work experience in your resume to avoid a negative reference check during the selection process, this may be grounds for removing you after you begin employment.
If the position has an education requirement or you are qualifying on the basis of education, you need to list your education history including the type of degree and your major of study. If the position requires a certain number of credit hours, you are strongly encouraged to list the relevant courses in your resume. Unless specified in the announcement, ATF typically does not require transcripts at the time of application, but you are encouraged to provide unofficial copies as it can help with your determination.
Your resume must thoroughly describe how your skills and experiences align to the criteria defined in the qualifications section of the job announcement and support your responses to the assessment questionnaire. Over including is generally not an issue but elaborating on irrelevant experience may distract reviewers and hurt your chances. Avoid adding information just to make your resume longer. Our reviewers at ATF are very experienced. Adding filler or buzz words without providing any context (who, where, what, when, why and how) will not help your chances. Our reviewers are trained to not consider this type of experience qualifying.
Do not include a photograph or video of yourself, or any sensitive information (age, date of birth, marital status, protected health information, religious affiliation, social security number, etc.) on your resume or cover letter or anywhere in your application package. We will not access web pages linked on your resume or cover letter to determine your qualifications. If you have information on a web page you want us to review, copy and paste it into a cover letter and submit it with your application.
Please do not submit any other supplementary documentation that is not requested of you in the announcement. To protect your personal information, we will only send your resume and cover letter to the selecting official or hiring manager.
The amount of experience required varies for each job. Some entry-level jobs require no specialized experience, while other jobs require years of specialized experience.
If you have questions related to how much experience you need for a job, review the Job Requirements > Qualifications section of the job announcement. For additional questions, contact the hiring agency listed in the job opportunity announcement.
The Basics
Like any employer, the federal government needs individuals to be well-qualified for the jobs they hold. The Office of Personnel Management (OPM) publishes qualification standards to help ensure federal employees can successfully and safely perform the work of the position. Whatever your background has been, it is likely that you are basically qualified for many different jobs, and highly qualified for some.
When meeting the basic eligibility requirements, the agency evaluates and then ranks your work experience, accomplishments, education, training and overall qualifications background against the qualification requirements of the position. You will receive a score or ranking based on how closely your background matches with the requirements of the position. Job applicants who receive the highest scores or rank in the top category are referred to the selecting official.
Qualifying With Higher Education
Some federal occupations require a college degree with a certain major field of study or completion of specific academic courses at the baccalaureate or graduate level. Such occupations tend to involve research, scientific or professional work (such as a specialist in contracts, medicine, engineering, biology, psychology or accounting). To qualify, all college-level courses must have been completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the Secretary of the U.S. Department of Education.
There are many occupations where a baccalaureate degree in any field is acceptable. Job applicants usually enter such occupations at the entry grade levels (typically GS-5 or GS-7 grade levels [or equivalent]) and acquire on-the-job training and work experience before advancing to higher grade levels. Such occupations are sometimes advertised as “trainee,” “intern” or “student program” positions.
You may qualify for a GS-9 grade (or equivalent) level position on the basis of a master’s degree, and for the GS-11 grade (or equivalent) level on the basis of a doctoral degree. At these levels, however, the advanced degree must be directly related to the work of the job to be filled.
Specialized experience, or experience closely related to the work to be performed in the job for which you are applying, can often be substituted for an educational requirement or qualify you for a higher grade. Generally, for jobs at the GS-7 grade (or equivalent) level and higher, your background must have included specialized experience. At least one year of the specialized experience must have been equivalent to the level of the next lower grade in the federal service. This means, for example, to qualify for a GS-12 grade (or equivalent) level, you must have had a minimum of one year of specialized experience equivalent to a GS-11 grade (or equivalent) level.
Qualifying for a Non-Degreed Job
If you have been in the job market for a while and have accumulated an extensive work history, you may be well qualified for many positions even without a college degree. Except for certain professional and scientific positions, a college education may not be necessary. The nature of your work experience is what really counts.
Job applicants can qualify for most federal occupations based on job-related work experience. If you are just starting out, you can qualify for jobs at the GS-2 level with just a high school diploma or as little as three months of general work experience for most clerical and assistant positions. “General experience” is a type of work experience that is not necessarily directly related to the position but demonstrates the ability to acquire the particular competencies/knowledge, skills and abilities to perform the work of the position.
At higher grade (or equivalent) levels, additional work experience is required. Starting at the GS-5 grade (or equivalent) level, positions generally require one year of specialized experience equal to the next lower grade. “Specialized experience” is a type of work experience that is directly related to the position for which you are applying. This means, for example, to qualify for a GS-6 grade (or equivalent) level, you must have had a minimum of one year of specialized experience equivalent to a GS-5 grade (or equivalent) level.
For more information, consult the General Schedule qualification standards.
Applicants or selectees who have completed part or all of their education outside of the U.S. must have their foreign education evaluated by an accredited organization to ensure that the foreign education is comparable to education received in accredited educational institutions in the U.S. An evaluation is required before human resources can make an official job offer. We will only accept the completed foreign education evaluation.
The announcement will list details to help you determine whether you are qualified for the position. We encourage you to pay close care to these descriptions and guidelines so that you are fully aware of the specifics of the position and desired qualifications/requirements. We highly encourage you address the specialized experience requirements in your resume. Do not copy and paste the specialized experience into your resume; provide examples, illustrations and achievements instead, so we can better assess your experience.
Everyone hired for a federal job undergoes a basic background check of his or her criminal and/or credit histories to ensure that all federal employees are “reliable, trustworthy, of good conduct and character and loyal to the United States.” The U.S. Office of Personnel Management, a central agency that serves as the corporate human resources organization for the federal government, performs the majority of background checks. In addition, federal positions that include access to sensitive information generally require a security clearance. This clearance must be obtained to determine the applicant’s trustworthiness and reliability before granting him or her access to national security information.
Types of Security Clearances and Background Checks
Positions in the federal government are classified in three ways: Non-Sensitive Positions, Public Trust Positions and National Security Positions. Each of these positions requires some level of background investigation. The elements that make up a background investigation vary depending on the level of clearance that is deemed necessary for a position. Background investigations for lower risk levels generally rely on automated checks of an individual’s history. For a secret clearance in a national security position, the investigation requires agents to interview people who have lived or worked with the candidate at some point in the last seven (or more) years.
Once the agency has selected a candidate to hire, the applicant will typically receive a job offer contingent upon successfully obtaining a security clearance. The extensive background investigation takes place after the initial offer has been accepted.
The length and depth of the background investigation will depend on the position’s requirements, as well as the type of security clearance needed (if applicable) for a particular job or internship. This process may take several months or up to a year depending on backlog, need for more information, depth of the investigation process and other factors.
In order to help speed the process along, begin to gather relevant information now. Once you are offered the position, you’ll be asked to submit a series of forms and information about yourself. Gather this information now so you can save time on your end. You can view the forms for background checks (SF-85: Questionnaire for Non-Sensitive Positions) and security clearances (SF-86: Questionnaire for Non-Sensitive Positions) on the Office of Personnel Management’s website.
Once you have submitted the documentation, the designated agency will proceed with the investigation, depending on backlog and priority.
Filing a Claim, Petition, or Contesting Forfeiture of Property
TO CONTEST THE FORFEITURE OF THE PROPERTY IN UNITED STATES DISTRICT COURT YOU MUST FILE A CLAIM. Failure to file a claim may result in the seized property being forfeited to the United States.
- To file a claim: A claim must be filed with the agency that gave notice of the seizure and intent to forfeit. To contest the forfeiture, the claim must be sent to the notifying agency’s address which is identified within the notice. A claim should be sent by mailing it with the U.S. Postal Service, or by using a Commercial Delivery Service, and sending it to the notifying agency’s address. If no address is provided in the notice, then the claim should be sent to Associate Chief Counsel; Office of Chief Counsel; 99 New York Avenue, NE; Mail Stop 3N 600; Washington, DC 20226.
- Time limits: A claim must be filed by the deadline date identified in the notice. See 18 U.S.C. § 983(a)(2). A claim is deemed filed on the date received by the agency if mailed with the U.S. Postal Service or if sent by Commercial Delivery Service.
- Requirements for claim: A claim must (1) be in writing, (2) describe the seized property, (3) state your ownership or other interest in the property, and (4) be made under oath, subject to penalty of perjury. See 18 U.S.C. § 983(a)(2)(C) and 28 U.S.C. § 1746.
- Claim forms: A claim need not be made in any particular form, but a claim form is available in PDF format. You may print and deliver the form to the agency pursuant to the instructions above. See 18 U.S.C. § 983(a)(2)(D).
- Supporting evidence: Although not required, you may submit supporting evidence (for example, title paperwork or bank records showing your interest in the seized property) to substantiate your claim.
- When you file a claim: A timely claim stops the administrative forfeiture proceeding. The seizing agency forwards the timely claim to the U.S. Attorney’s Office for further proceedings.
- Penalties for filing false or frivolous claims: If you intentionally file a frivolous claim you may be subject to a civil fine. See 18 U.S.C. § 983(h). If you intentionally submit a claim containing false information, you may be subject to prosecution. See 18 U.S.C. § 1001.
- If no claim is filed: Failure to file a claim by the deadline date may result in the property being forfeited to the United States.
- No attorney required: You do not need an attorney to file a claim. You may, however, hire an attorney to represent you in filing a claim.
Source: Forfeiture.gov
THE GOVERNMENT MAY CONSIDER GRANTING PETITIONS FOR REMISSION OR MITIGATION WHICH PARDONS ALL OR PART OF THE PROPERTY FROM THE FORFEITURE.
TO REQUEST A PARDON OF THE PROPERTY YOU MUST FILE A PETITION FOR REMISSION OR MITIGATION
- You may file both a claim and a Petition for Remission or Mitigation (Petition). If you file only a petition, and no one else files a claim, your petition will be decided by the seizing agency.
- The petition must be in writing and sent to the official address provided in the notice of seizure within thirty (30) days of the last date of publication on the forfeiture.gov website, or the deadline set forth in the personal notice letter. If no address is provided in the notice, then the petition should be sent to Associate Chief Counsel; Office of Chief Counsel; 99 New York Avenue, NE; Mail Stop 3N 600; Washington, DC 20226.
- The petition must include a description of your interest in the property supported by documentation and any facts you believe justify the return of the property and be signed under oath, subject to the penalty of perjury. See 28 U.S.C. § 1746.
- The authority to grant remission or mitigation in administrative forfeiture cases is given to the federal agency that seized the property. The ruling official in judicial forfeiture cases is the Chief, Asset Forfeiture and Money Laundering Section, Criminal Division, Department of Justice. See 28 C.F.R. § 9.1.
Final Rule - 2021R-05F
Licenses are not transferrable. A new ATF Form 7 must be submitted to obtain a different license type or a new license. However, fingerprint cards and photographs are not required for any Responsible Person (RP) listed on the previous license.
Please contact ATF’s Federal Firearms Licensing Center (FFLC) if you have questions about this matter at (866) 662-2750 or FFLC@atf.gov.
No. The effective date of the final rule is August 24, 2022. No grace period will be given, thus affected licensees requiring a new license type should act as soon as possible to ensure their business activities may continue uninterrupted.
Yes. Amended regulations 478.129(b), (d) and (e) require ALL licensees to retain ALL required records until the license is discontinued. Forms 4473 must be kept on paper or in an approved electronic format at the licensed business premises and accessible for inspection. A warehouse may be used to store paper records older than 20 years of age. That warehouse would be subject to inspection and cannot be used to conduct other firearms business activities without obtaining a separate license.
Licensees can no longer send their records older than 20 years to the Out of Business Records Center, National Tracing Center. They can only submit their records upon discontinuance of business under the license.
No. In cases where the acquiring FFL is contracting out marking services of PMFs to a licensed gunsmith (or unlicensed engraver), the gunsmith or engraver may only perform such engraving services on the spot under the direct supervision of the requesting FFL. The marking FFL need not record the PMF in his/her A&D records.
The final rule amends 27 CFR 478.92(a)(2) and explains that an acceptable method of identifying a polymer frame privately made firearm (PMF) is by placing a serial number on a metal plate that is permanently embedded into a polymer frame or receiver, or other method approved by the Director.
A marking variance can be applied for under 478.92(a)(4), as amended, which states:
Exceptions—(i) Alternate means of identification. The Director may authorize other means of identification to identify firearms upon receipt of a letter application or prescribed form from the licensee showing that such other identification is reasonable and will not hinder the effective administration of this part.
Yes. Except for a firearm received for adjustment or repair that is returned to the person from whom it was received on the same day, any federal firearms licensee (FFL) who takes an unmarked PMF into inventory must mark the PMF in accordance with 27 CFR 478.92(a)(2).
Any cost associated with marking PMFs is to be determined by the licensee and the customer.
The final rule does not require licensees to notify ATF when a PMF has been marked. PMF marking and corresponding recordkeeping requirements ensure traceability of those PMFs should they be recovered.
Yes. Licensees who acquire PMFs into inventory for any reason, including private party transfers, are required to mark those PMFs, unless already marked by another licensee pursuant to 478.92(a)(2).
The term ‘‘receiver’’ in 478.12(a)(2) means the part of a rifle, shotgun, or projectile weapon other than a handgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments are required to connect such component to the housing or structure.
The term ‘‘receiver’’ as stated in 478.12I shall include a partially complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver, i.e., to house or provide a structure for the primary energized component of a handgun, breech blocking or sealing component of a projectile weapon other than a handgun, or internal sound reduction component of a firearm muffler or firearm silencer, as the case may be. The term shall not include a forging, casting, printing, extrusion, unmachined body, or similar article that has not yet reached a stage of manufacture where it is clearly identifiable as an unfinished component part of a weapon (e.g., unformed block of metal, liquid polymer, or other raw material). When issuing a classification, the Director may consider any associated templates, jigs, molds, equipment, tools, instructions, guides, or marketing materials that are sold, distributed, or possessed with the item or kit, or otherwise made available by the seller or distributor of the item or kit to the purchaser or recipient of the item or kit. The amended regulations examples that illustrate the definitions.
The term “readily” as defined in 478.11 means a process, action, or physical state that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speediest, or easiest process, action, or physical state. With respect to the classification of firearms, factors relevant in making this determination include the following: (1) Time, i.e., how long it takes to finish the process; (2) Ease, i.e., how difficult it is to do so; (3) Expertise, i.e., what knowledge and skills are required; (4) Equipment, i.e., what tools are required; (5) Parts availability, i.e., whether additional parts are required, and how easily they can be obtained; (6) Expense, i.e., how much it costs; (7) Scope, i.e., the extent to which the subject of the process must be changed to finish it; and (8) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction.
The absence of a serial number is irrelevant in determining whether a weapon is a firearm.
Licensees may voluntarily request a determination whether a receiver is a regulated firearm by contacting ATF’s Firearms and Ammunition Technology Division (FATD).
The term “firearm” is defined in 27 CFR 478.11 to includes a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive, and would not include a weapon parts kit, in which the frame or receiver of such weapon is destroyed.
Licensees may voluntarily request a determination whether a weapons parts kit is a regulated firearm by contacting ATF’s Firearms and Ammunition Technology Division (FATD).
A weapon parts kits that is determined to be a firearm shall be recorded as a “firearm” in the licensees’ A&D records and on ATF Form 4473.
