If you are applying for a FFL (Federal Firearm License), you should know that the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) is in charge of ensuring that proper regulations are followed by all applicants and licensees when obtaining a FFL.
The ATF therefore plays both a vital and decisive role in making sure firearm law on a federal level is handled justly and with competency.
Firearm Law and the Function of the ATF
Fulfilling FFL law on a federal level includes the enforcement of the Gun Control Act (GCA) and the National Firearms Act (NFA).
The ATF will ensure both these laws are enforced.
Gun Control Act - Gave the government more control over how firearms are circulated as well as regulating the trade and commerce of firearms, both foreign and interstate.
National Firearms Act - This Act regulates the manufacture, sale, registration and transfer of certain firearms including short-barreled rifles and shotguns, machine guns, sound suppressors (silencers), fully-automatic firearms and more.
These laws are designed to prevent illegal arms trafficking as well as being able to track any firearm that is used in a crime.
FFL Inspections
The ATF ensures compliance with firearm law via inspections by Industry Operations Investigators (IOIs).
Their duties include the adherence of local, state and federal law in regards to firearms.
This type of inspection will generally occur at a licensee’s business or at other locations such as storage facilities that are located off-site and which store firearms.
FFL inspections can include the following:
Reviewing ATF forms related to the business.
Checking business ownership credentials.
Perusal of business operations.
Checking the "bound book", known as the Acquisition and Disposition (A&D) record. It is a listing of firearms both acquired and disposed of by the business.
Inventory of all firearms related to the business.
The perusal of security measures and internal controls.
FFL Violations
Analysis and scrutiny by the ATF may result in fines, license suspension or license revocation. In severe non-compliance matters, criminal charges may be filed against FFL holders by the ATF.
Compliance by FFL's include several common violations that are often the most abused:
The transfer of firearms to restricted and barred individuals.
Background checks that are not pursued.
Records that are falsified or "cooked".
Ignoring ATF firearm tracing demands.
FFL Best Practices
Planning a regular schedule of internal audits.
Managing records with correct and factual archives that are kept up-to-date.
Vigorous training of employees.
Ensuring correct security methods.
Helpful Resources
It is imperative that FFLs comply with, and understand, both the regulations and pertinent laws that are enforced by the ATF. Having lawyers that focus on firearm law specifically will ensure that the proper machinations and legalizations are established and followed. Our law firm serves the firearm industry on a local, state, and federal level. This includes firearm manufacturers, distributors, and retailers. We can help with FFL applications as well as any issues with the ATF. Our services include Federal Explosives Licenses (FEL) and Federal Explosives Permits (FEP).
You can call us at 888.399.7863 or email us at info@munitionsgroup.com.
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