Pending Gun Legislation 2013 and 2014

The following is a snapshot of pending firearms related legislation before Congress and state legislatures as of today. Not all the bills and resolutions included are necessarily related to current gun laws. Congress passed 4 bills that have been signed by the President during the current legislative session.         

Firearms Factoid:

As of today, there are 165 bills and resolutions before the 113th United States Congress in various stages containing the word "firearms" in the text.  Four bills have been signed into law.

There are 3,948 bills or resolutions that contain the word "firearms" in the text pending before state legislatures, including "dead" bills.  New Jersey tops the list with 408 pending "firearms" bills or resolutions.

Source: Govtrack.us

        

Multiple Gun Sales Reporting | ATF Multiple Sale Form | ATF Form 3310.4 | ATF Definition of "Consecutive Business Days"

Under certain circumstances a Report of Multiple Sale, ATF Form 3310.4 will have to be submitted even if the second transfer of a handgun takes place 6 or more days after the initial disposition of a handgun.

An FFL who is open for business five or more days per week will not necessarily have to report a second handgun purchase by the same person made on the 6th calendar day following the initial transfer.

A licensee who is open 3 days per week will have to submit a Report of Multiple Sale even if the second firearm is transferred up to 9 calendar days after the first handgun was purchased.

See full article 

References:

27 CFR 478.126a

Federal Firearms Regulations Reference Guide 2005, Page 181 (F5)

      

FFL Compliance Inspections | Right of Entry and Examination | Warrantless Entry Prior to 12 Months Elapsing

In accordance with 27 CFR §478.23 (Right of Entry and Examination), ATF may enter a licensed premises during "business hours" for the purpose of examining records without a warrant "not more than once during any 12 month period". In other words, ATF compliance inspections cannot be conducted prior to the passing of at least 12 months from the last one.

ATF Trace Request

However, can ATF otherwise enter your business premises to examine records and inventory prior to the 12 month period passing? Yes they can. It is lawful for ATF to enter the licensed premises prior to the passing of 12 months after an inspection if.....the FFL is unable to complete a trace and a "bona fide criminal investigation" is ongoing, an ATF Officer may enter your premises without first seeking a warrant.

Another reason to keep an accurate FFL record of acquisition and disposition of firearms.  http://www.fflconsultinggroup.com/atf-log-book-compliance-matters/.

Electronic "Bound Book"

If you keep an electronic ATF book, make sure your system is able to produce results for serial numbers or other identifiers that are close to the identifiers of the actual trace request firearm. Most commercial record keeping programs are capable of this function, but it's not always activated.

JR Valdes

Ruger announces recall of select Ruger American Rimfire rifles

Ruger announces recall of select Ruger American Rimfire rifles

US Senator introduces a bill that would limit the ability of government agencies to retain information on gun owners.  See Senator Thad Cochran's press release page for the details.

Warning to FFLs: Know your buyer and seller!

You've no doubt heard that ATF issued an industry Advisory Letter which advises FFLs to not send a copy of their license to non-licensees.  Fraudulent licenses are circulating and used by individuals in online scams. The letter can be viewed at the ATF website.

As an FFL you never have to supply a copy of your license to a non-licensee to receive firearms.  As an FFL you are generally allowed to receive firearms from anyone at any time.  The letter advises you to supply your FFL number and let any non-licensee that wants to verify you in FFL EZ-Check. If a non-licensee balks at that, have them take the firearms to a local licensee and conduct the transaction with another FFL with whom you can exchange copies of licenses and verify identities.

You should always try to deal with other FFLs who are known to you, for any type of transaction if possible.  
The best advice I can give in this case is "know your buyer" and "know your seller".  The extra money you may spend on the transaction is worth it to have the knowledge that you are dealing with a bona fide FFL.

The technology to produce excellent fake documents is already available to the average person, so I suspect this type of fraud will continue to happen until better counter-measures can be devised.  In the meantime, It's up to you guard against being the victim or inadvertently aiding in this type of fraud.

JR Valdes
fflconsultinggroup.com

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The secret to getting approved for a Federal Firearms License.

The secret is, there is no secret. Don't be fooled by anyone telling you they have all the answers and guarantee anything. Fortunately, everything we need to know about getting approved for a FFL has been written down for us. The ATF website and 27 CFR 478 is nearly all you need to understand the licensing process.  The best part is that your subscription has already been paid.  Use the website.

If your business plans somehow fall outside the absolute FFL zoning requirements of local and state authorities for example, try to adjust your plans if feasible, to fit within the established criteria.  If you wish to expand or change those plans later on, you can examine the criteria again and make necessary adjustments.

JR Valdes
fflconsultinggroup.com