ATF Seeking Comments On Proposed Rulemaking On Bump Fire Stocks

USA – -(Ammoland.com)- Recently ATF published for public inspection a request for public comment on an Advance Notice of Proposed Rulemaking (“ANPRM”) on Bump Fire Stocks and Other Similar Devices. The ANPRM will be published officially, December 22, 2017, in the Federal Register. The public inspection document is currently available on the Federal Register’s website.

ATF anticipates issuing a Notice of Proposed Rulemaking that will interpret the statutory definition of “machinegun” in the National Firearms Act of 1934 and the Gun Control Act of 1968 to clarify whether certain devices, such as “bump fire” stocks, fall within that definition. Before issuing the NPRM, ATF is gathering information and public comment through this ANPRM regarding the nature and scope of the market for these devices.

Specifically, ATF is seeking answers to the following questions:

MANUFACTURERS:

• Are you, or have you been, involved in the manufacturing of bump stock devices? If so:
• In what part(s) of the manufacturing process, are/were you involved?
• In what calendar years are/were you involved in the manufacturing process?
• What is the wholesale price of the bump stock devices produced by the manufacturing process with which you are involved?
• In each calendar year in which you have operated, how many bump stock devices were produced by the manufacturing process with which you are/were involved? Of this number, how many devices were sold to (a) retailers/resellers, and (b) directly to consumers?
• What were your approximate gross receipts for the sale of these bump stock devices in each calendar year (from 2014 – present)?
• For what use or uses have you marketed bump stock devices?
• If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your gross receipts for calendar year 2018?
• If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?
• What costs do you expect to be associated with the disposition of existing bump stock device inventory?
• If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.

RETAILERS:

• Are you, or have you been, involved in the retail sale of bump stock devices? If so:
• In what calendar years are/were you involved?
• In each calendar year, how many bump stock devices did you sell?
• In each calendar year, what was the average retail price of the bump stock devices you sold?
• In each calendar year (from 2014 – present) what were your approximate gross receipts derived from the retail sale of bump stock devices?
• For what use or uses have you marketed bump stock devices?
• In the 2018 calendar year, how many bump stock devices do you anticipate you will sell, assuming that such devices remain classified by ATF as an unregulated firearm part? What do you expect will be the average price at which those bump stock devices will be sold?
• If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what would you expect to be the impact on your costs/expenses, gross receipts for calendar year 2018?
• If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, what other economic impact would you expect (e.g., storage, unsellable inventory)?
• What costs do you expect to be associated with the disposition of existing bump stock device inventory?
• If ATF classified bump stock devices as “machineguns” under the Gun Control Act of 1968, as amended, and the National Firearms Act of 1934, as amended, do you believe that there would be a viable (profitable) law-enforcement and/or military market for these devices? If so, please describe that market and your reasons for believing such a viable market exists.

CONSUMERS:

• In your experience, where have you seen these devices for sale and which of these has been the most common outlet from which consumers have purchased these devices (e.g., brick and mortar retail stores; online vendors; gun shows or similar events; or private sales between individuals)?
• Based on your experience or observations, what is (or has been) the price range for these devices?
• For what purposes are the bump stock devices used or advertised?

Written comments must be submitted to ATF no later than thirty (30) days after publication in the Federal Register. Comments should be identified by docket number (2017R-22), by any of the following methods:

• – Federal eRulemaking Portal: https://www.regulations.gov. ( Click the Leave a Comment Button)
• – Fax: (202) 648-9741
• – Mail: Vivian Chu, Mailstop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington D.C. 20226. ATTN: 2017R-22.

The above alert is for informational purposes only and is not intended to be construed or used as legal advice. Receipt of this alert does not establish an attorney-client relationship.

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