National Firearms Act

NCLA Wins Major Fifth Circuit en Banc Decision Tossing ATF’s Bump Stock Ban

Retrieved on: 
Saturday, January 7, 2023
Government, Justice, United States Court of Appeals for the Tenth Circuit, Fifth Circuit Four, National Firearms Act, Bureau of Alcohol, Tobacco, Firearms and Explosives, Firearm, Tobacco, Final, Supreme, Gun Control Act of 1968, NCLA, Policy, The Final Rule, DC, Congress, Bureau, United States Court of Appeals for the Fifth Circuit, United States Department of Justice, Army, Criminal law, ATF, Gunsmith

Thus, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked the statutory authority to issue the Final Rule banning bump stocks.

Key Points: 
  • Thus, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacked the statutory authority to issue the Final Rule banning bump stocks.
  • NCLA applauds this decision, which not only allows our client to keep his property, but also prevents ATF’s unlawful attempt to rewrite a criminal law.
  • The en banc court addressed which branch of government has the constitutional authority to change the criminal law if changes are warranted.
  • We are pleased that a circuit court has finally—and decisively—recognized that Congress must be the one to pass any bump stock ban.

IDScan.net Launches Fingerprint Scanning to .EFT Files - Makes Gun Purchases Faster, Safer

Retrieved on: 
Wednesday, September 28, 2022
Software, Adoption, Fingerprint, Store, IBM, FBI, AMC, AMC Theatres, Borgata, National Firearms Act, Shell, Ownership, Ink, Weapon, E-file, Paper, ATF, Dave & Buster's, PDF, Current, NFA, Gunsmith, Engineering

NEW ORLEANS, Sept. 28, 2022 /PRNewswire-PRWeb/ -- Security concerns around gun purchases are at an all time high, but gun sales have continued to soar since the early days of the pandemic. Identity verification platform, IDScan.net has announced the launch of their new livescan fingerprinting to .EFT file tool, which creates full sets of digital fingerprints in just minutes.

Key Points: 
  • Historically, all fingerprinting has been done with ink and paper, on an FD-258 form, and manually inspected against agency databases.
  • However, in December, 2021, the ATF announced their new eFile portal was equipped to handle electronic fingerprint transmission (.EFT) files., removing the necessity of traditional inkpads and cardstock.
  • Although the ATF's portal was set up to accept .EFT files, few providers had the hardware and software necessary to livescan fingerprints.
  • Gun shops, gun shows, and other entities who wish to provide fingerprinting will purchase a biometric scanner, and a subscription license allowing for creation of unlimited .EFT files.

Twenty States Among Amici Curiae Supporting NCLA’s Chevron Deference Cert. Petition at SCOTUS

Retrieved on: 
Tuesday, September 7, 2021

The lower court did so after ruling that ATF is entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., even though ATF declined to ask for deference to its interpretation of a criminal law.

Key Points: 
  • The lower court did so after ruling that ATF is entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., even though ATF declined to ask for deference to its interpretation of a criminal law.
  • NCLA released the following statement:
    As the strong bipartisan support of our amici demonstrates, this case portends a potential watershed moment in constitutional law.
  • When courts defer to prosecutors reading of criminal laws, a basic tenet of constitutional liberty is cast aside.
  • Excerpts from the seven briefs amici curiae submitted in support of NCLAs writ of certiorari:
    This Courts intervention is necessary to resolve confusion among the lower courts regarding the proper application of Chevron deference to agency interpretations that criminalize otherwise lawful conduct.

ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks Anyway

Retrieved on: 
Wednesday, September 18, 2019
Gun politics in the United States, Bump fire, Legal history, National Firearms Act, Law, Rulemaking, Shepherding, ATFS, Bureau of Alcohol, Tobacco, Firearms and Explosives, Politics by country

In a noteworthy development, ATFs latest court filing admits that it lacked rulemaking authority under the Gun Control Act and National Firearms Act to issue a legislative rule.

Key Points: 
  • In a noteworthy development, ATFs latest court filing admits that it lacked rulemaking authority under the Gun Control Act and National Firearms Act to issue a legislative rule.
  • ATF thus now agrees with NCLA that the district court below was wrong on this point of law.
  • The appeal also challenges the notion that a mere interpretive rule can bind third parties, such as owners of bump stocks.
  • The bump stock rule made it a new federal crime to own a bump stock, even one purchased with ATFs prior permission.

Orchid Law Created for Firearm Business Owners

Retrieved on: 
Thursday, December 20, 2018
Gun politics in the United States, Law, National Firearms Act, Gun Control Act, Law firm, Special Occupational Taxpayers, Federal Firearms License

NASHVILLE, Tenn., Dec. 20, 2018 /PRNewswire/ -- Orchid Law, PLLC ( ffllaw.com ) announces its launch as an innovative law firm targeting the legal needs of today's firearm business owners.

Key Points: 
  • NASHVILLE, Tenn., Dec. 20, 2018 /PRNewswire/ -- Orchid Law, PLLC ( ffllaw.com ) announces its launch as an innovative law firm targeting the legal needs of today's firearm business owners.
  • "FFL business owners and operators have an increasing need for industry-specific attorneys who can provide services efficiently and with less overhead," says Philip Milks, lead attorney, Orchid Law.
  • And, unique to our firm is the ability to deploy attorneys who have both extensive FFL/SOT legal experience and a solid understanding of the operations and technological challenges of today's firearm business owners."
  • Orchid Law provides legal services tailored to the needs of firearm business owners and operators.The firm specializes in laws, regulations and compliance related to the Gun Control Act, the National Firearms Act, the Arms Export Control Act and FFL/SOT licensing.