BATFE Bureau of Alcohol, Tobacco, Firearms and Explosives
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1 BATFE Bureau of Alcohol, Tobacco, Firearms and Explosives Kristie Martinelli Industry Operations Investigator Bureau of Alcohol, Tobacco, Firearms and Explosives Lauren Krickeberg ATF Compliance Manager Orbital ATK Karri Allen Counsel, Corp. Global Trade Raytheon Company Society for International Affairs
2 ATF & IMPORTS Kristie Martinelli Industry Operations Investigator Denver Field Division U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives
3 Stay in Compliance There are several points to keep in mind to ensure that you are staying in compliance with ATF import laws and regulations: The Form 6 Part I, Application and Permit to Import Firearms, Ammunition and Defense Articles (Form 6) is valid for 2 years or until the quantity approved for import comes in, whichever comes first.
4 ATF Licenses & Permits Type 01 FFL Dealer in Firearms / Gunsmithing (firearms repair) This license allows you to buy, sell, and repair firearms. Its $200 to apply, and $90 to renew every three years. Type 02 FFL Pawnbroker This license allows you to do everything a type 01 does but is for pawnshops.
5 ATF Licenses & Permits Type 03 FFL Collector of Curios and Relics This license, also known as a C&R, is solely for adding antique firearms to your personal collection of curio and relic firearms. It does not allow you to both buy and sell (for that you d need a type 01). It is only $30 to apply and $30 to renew. Type 07 FFL Manufacturer of Firearms & Ammunition This license allows you to do everything a type 01 does (buy, sell, and repair) but also allows you to assemble and manufacture. A type 07 license is $150 to apply and $150 to renew every three years.
6 ATF Licenses & Permits Type 08 FFL Importer of Firearms/Ammunition The type 08 license allows you to import firearms (other than destructive devices) and ammunition (other than ammunition for destructive devices or armor piercing ammunition). The fee is $150 per year and $90 to renew. Type 09 FFL Dealer in Destructive Devices This license allows you to deal in destructive devices include grenades, firearms with a bore of over one half inch, including some semi-automatic shotguns. This license is $3,000 to apply.
7 ATF Licenses & Permits Type 10 FFL Manufacturer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition This license allows you to manufacture destructive devices, and AP ammo. This license is $3,000 to apply. Type 11 FFL Importer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition As the name states. This license is also $3,000 to apply.
8 ATF Licenses & Permits ATF Form 6 Part I, Application and Permit to Import Firearms, Ammunition and Defense Articles. There is no fee to process this application. It may be submitted via paper or using eforms. ATF Form 6A, Release and Receipt of Imported Firearms, Ammunition and Defense Articles There is no fee to process this application. It may be submitted via paper or using eforms.
9 Stay in Compliance Once the Form 6 expires, a new form will need to be submitted. ATF does not renew permits. Even if the broker submits 6A data to CBP using the PGA message set, the importer is still required to submit their copy of the 6A to ATF within 15 days of release from CBP custody. Description of the defense articles on the 6A must match the description on the corresponding Form 6.
10 Stay in Compliance Importers Acquisition and Disposition Records ATF Ruling Allows Consolidated Acquisition and Disposition Records if the following conditions are met: 1. Within 15 days of the date of importation or other acquisition, the licensed importer records the following information for each firearm: A. Name of the manufacturer (foreign or domestic) and importer (if any); B. Country of manufacture; C. Model;
11 Stay in Compliance Importers Acquisition and Disposition Records (Continued) D. Type; E. Serial number; F. Caliber or gauge; G. Date of importation or other acquisition; H. Name of the person (nonlicensee or other Federal firearms licensee (FFL)) from whom the firearm was received (to include a person outside of the United States, if applicable); and I. Address (if a nonlicensee) or complete 15-digit license number of the person from whom the firearm was received (to include the address of a person outside of the United States, if applicable).
12 Stay in Compliance Importers Acquisition and Disposition Records (Continued) 2. Within seven (7) days of the date of sale or other disposition, beside the corresponding line item record of importation or other acquisition, the licensed importer records the following information for each firearm: A. Date of sale or other disposition; B. Name of the person to whom the firearm was transferred; and C. Address or license number of the person to whom the firearm was transferred: if the transferee is a nonlicensee, the address of the transferee or the ATF Form 4473 Firearms Transaction Record serial number if the Forms 4473 are filed numerically; if the transferee is a licensee, the complete 15-digit license number.
13 Stay in Compliance Importers Acquisition and Disposition Records (Continued) 3. For firearms dispositions to a licensee, the commercial record of the transaction shall be retained separately from other commercial documents maintained by the licensed importer until the transaction is recorded, and be readily available for inspection on the licensed premises. 4. For firearms dispositions to a nonlicensee, the ATF Form 4473 shall be retained separately from the licensee's Form 4473 file and be readily available for inspection on the licensed premises until the transaction is recorded. After that time, the Form 4473 shall be retained alphabetically (by name of purchaser), chronologically (by date of sale or other disposition), or numerically (by transaction serial number) as part of the licensed importer's required records.
14 Stay in Compliance Importers Acquisition and Disposition Records (Continued) 5. By using this variance, a line item will be recorded for each firearm imported or otherwise acquired and sold or otherwise disposed of by a licensed importer. The quantity of firearms of the same type, model, and caliber or gauge imported or otherwise acquired and disposed of must be able to be readily determined by adding all associated line items. 6. All consolidated firearms acquisition and disposition records must be maintained permanently by the licensed importer. Additionally, as provided by 27 CFR , upon discontinuance of business, all required records must be forwarded to the ATF Out-of-Business Records Center.
15 Stay in Compliance Marking Requirements for Importers As a licensed firearm importer you must legibly identify each firearm imported as follows: 1. By engraving, casting, stamping (impressing), or otherwise conspicuously placing on the frame or receiver an individual serial number. The serial number must be placed in a manner not susceptible of being readily obliterated, altered or removed, and must not duplicate any serial number placed by you on any other firearm. This must be to: 1/16 inch or larger print.003 inch minimum depth
16 Stay in Compliance Marking Requirements for Importers (Continued) 2. By engraving, casting, stamping (impressing), or otherwise conspicuously placing on the frame, receiver, or barrel thereof certain additional information. This information must be placed in a manner not susceptible of being readily obliterated, altered or removed. This must be to: 1/16 inch or larger print.003 inch minimum depth
17 Stay in Compliance Marking Requirements for Importers (Continued) 3. This additional information includes: The model, if such designation has been made; The caliber or gauge; Your name (or ATF recognized abbreviation) and also, when applicable the name of the foreign manufacturer; The name of the country in which it was manufactured and the city and state (or recognized abbreviation thereof) where you as the importer maintain your place of business.
18 Temporary to Permanent There are NO provisions in the law or regulations to allow a temporary import to be converted into a permanent import. Defense articles imported under a DSP-61 or a temporary import license exemption (22 CFR 123.4) must be exported back out of the United States and then a Form 6 application may be filed to bring in the defense article permanently.
19 Contacts: ATF Firearms and Explosives Imports Branch 244 Needy Road Martinsburg, WV Desiree M. Dickinson, Industry Liaison or U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives
20 ATF Compliance Overview & Best Practices Presented by: Lauren Krickeberg, ATF Compliance Manager Armament Systems Division, Orbital ATK, Inc.
21 AGENDA Regulatory Overview Recordkeeping Qualified Workforce Inventory Management Tools & Training Knowing Your Product Life Cycle ATF Site Inspections Questions
22 REGULATORY OVERVIEW
23 REGULATORY OVERVIEW U.S. Army General John T. Thompson Thompson Submachine Gun
24 REGULATORY OVERVIEW
25 REGULATORY OVERVIEW Al Capone John Dillinger Lester Gillis ( Baby Face Nelson) Among other illegal activities, the above U.S. gangsters were responsible for armed robberies, theft, jail breaks, running stills, and bootlegging. Most notable were the murders of the Dillinger gang ( ) and Al Capone s St. Valentine s Day Massacre (1929).
26 REGULATORY OVERVIEW National Firearms Act (NFA) of 1934 Implemented $200 tax for making, importing and/or transferring NFA weapons, which are Short Barreled Rifles, Short Barreled Shotguns, Machineguns, Silencers, and Destructive Devices (Bombs, Grenades, Rockets, etc.). Also introduced registration requirements, firearm markings, recordkeeping, prohibited acts and the special occupational tax exemption. Gun Control Act (GCA) of 1968 Implemented regulations for non-nfa firearms (everything else, such as sporting pistols, rifles, shotguns, etc.). Focused on interstate commerce, clarified record keeping requirements, prohibited categories, and introduced Federal Firearms Licenses among other things.
27 REGULATORY OVERVIEW Firearm Owners Protection Act of 1986 Amendment to the Gun Control Act that passed on May 19 th, The majority of the changes were favorable to firearm owners and businesses, however there was a late hour floor amendment that adopted the machine gun ban without consideration of the consequences, resulting in the Machine Gun Ban (18 USC 922(o)). Organized Crime Control Act of 1970/Safe Explosives Act (SEA) of 2002 Implemented regulations for explosive products, including storage, marking and licensing requirements.
28 REGULATORY OVERVIEW What did you make? Who are you selling or disposing it to? Lot Number OEM Location, Date, Shift Did you mark it correctly? OEM City, State Model, Caliber, SN When did you make it? Is it safely stored? Where is it located? Are they authorized to have it?
29 RECORDKEEPING Acquisition & Disposition Logs Bound Book Going Electronic Dedicated Software Ruling Daily Summary of Magazine Transactions (DSMT) Variances Storage, Markings, Demilitarization, A&D Original License Copies Keep secured and do not sign Contract Association U.S. Government vs. Commercial Material NFA Records Going Electronic Ruling
30 QUALIFIED WORKFORCE Firearms & Explosives Prohibited Categories [18 USC 922(d) & 842(d)] Be familiar with the restrictions and develop a self certification / self disclosure plan Relief of Disabilities [18 USC 845(b)] Case by case evaluation, influenced by applicable State law Contingent Workers Restricted from being employee possessors and being involved in NFA transfers (few exceptions with Professional Employment Organizations); know the facility s workforce needs
31 INVENTORY MANAGEMENT It Pays to Be Organized Location of all ATF controlled products at all times Receiving and shipping are areas of risk Historical inventory, You don t know what you don t know (i.e. boneyards, old products from previous mergers or acquisition) Inventory Assessments Monthly, quarterly, annually depends on what is right for you (ATF encourages monthly) Visual verification with at least 2 people Do the markings match exactly what is in your A&D log?
32 TOOLS & TRAINING Some Firearm & Explosive Laws are Counterintuitive Levels of training are important, i.e. basic, intermediate, advanced Frequency Annual, quarterly Document Your Process Have a work instruction tied to a policy Examples: 1) Manufacture, Movement & Registration of ATF Controlled Products 2) Inventory & Storage of ATF Controlled Products 3) Prohibited Categories & Contingent Workers 4) Internal ATF Site Inspection Protocol Make it Easy Create tools to simplify the process Examples: 1) Product Matrix 2) Import Matrix 3) Lessons learned
33 KNOWING YOUR PRODUCT LIFE CYCLE 1)Supplier Licensing And Vetting U.S. or Offshore? 2) Induction / Handling Requirements 3) Hardware Storage / Inventory Management ---Variance Required?--- 4) Hardware Classification through Production --GCA, NFA, SEA or None (or Combination)?-- 5) Hardware Markings --Variance Required?-- 7) Permit Applications 6) Hardware Registration
34 ATF SITE INSPECTIONS New Defense Contractor s Protocol Extremely thorough, 100% visual inspection (few exceptions) ATF is now live with the new protocol Records are important (evidence of U.S. Government contracts for exempt material and/or products) How it Works Opening Conference/Familiarization Tour Inventory Reconciliation/Inspection Magazine Inspection/Evaluation Recordkeeping Evaluation (A&D Logs, DSMTs) Verification of Applicable Variances Closing Conference/Corrective Actions
35 ATF COMPLIANCE TRICKY SITUATIONS Presented by: Karri Allen, Counsel, Corporate Global Trade Raytheon Company
36 NEXT STEPS Site is licensed Employees are trained A&D records are maintained Permits are obtained Firearms are marked Storage is adequate Now what?...
37 TRICKY SITUATIONS Firearms or explosive materials imported pursuant to a government contract will be used in a direct commercial sale Explosive storage magazine needs to be repaired and no temporary storage is available Guards at your licensed explosives site want to sell their handguns Licensed business acquires a new business conducting different ATF regulated activities R&D re-engineers a product Employee was arrested over the weekend
38 TOOLS FOR TACKLING TRICKY SITUATIONS Consider all relevant laws (AECA, NFA, GCA, SEA) Friendly reminder: There is overlap! Which requirements are impacted? Site license? Transactional permit? Exemption eligibility? A&D record format? Marking requirements? Storage requirements? Prohibited persons? What else? Is there a change that must be reported to ATF? Changes of address, ownership or control; discontinued business; opening new business; operating under a new/different trade name Ask ATF
39 QUESTIONS
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