Following the
October mass shooting incident in Las Vegas, the National Shooting Sports
Foundation (NSSF) called for the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) to review its definition of “machine gun” and whether bump
fire stocks should be covered under the definition and related regulations.
The Justice
Department has announced that it will be reviewing this question. In an advanced notice of proposed
rulemaking (ANPRM), the Department said ATF will interpret
the statutory definition of “machine gun” in the National Firearms Act and
Gun Control Act to clarify whether bump fire stocks fall within the
definition. The ANPRM is intended as an initial step in a regulatory
process to gather information regarding the scope and nature of the market
for these devices. While this step is not proposing a change to current
regulations, ATF notes, “If, in a subsequent rulemaking, the definition of
machinegun under section 5845(b) is interpreted to include certain bump
stock devices, ATF would then have a basis to re-examine its prior
classification and rulings. See Encino Motorcars v. Navarro, 136 S. Ct.
2117, 2125 (2016); FCC v. Fox Television Stations, 556 U.S. 502, 515
(2009).”
NSSF will prepare
comments on behalf of the industry ahead of the Jan. 25, 2018 deadline. If
you have feedback to provide on the following list of questions included in
the ANPRM, please contact Larry Keane at lkeane@nssf.org.
NSSF will compile all input received from our members for use in our industry
comment letter.
Manufacturers
Are you, or have
you been, involved in the manufacturing of bump stock devices? If so:
1. In what part(s)
of the manufacturing process, are/were you involved?
2. In what
calendar years are/were you involved in the manufacturing process?
3. What is the
wholesale price of the bump stock devices produced by the manufacturing
process with which you are involved?
4. 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?
5. What were your
approximate gross receipts for the sale of these bump stock devices in each
calendar year (from 2014—present)?
6. For what use or
uses have you marketed bump stock devices?
7. 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?
8. 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)?
9. What costs do
you expect to be associated with the disposition of existing bump stock
device inventory?
10. 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:
11. In what
calendar years are/were you involved?
12. In each
calendar year, how many bump stock devices did you sell?
13. In each
calendar year, what was the average retail price of the bump stock devices
you sold?Start Printed Page 60931
14. In each
calendar year (from 2014—present) what were your approximate gross receipts
derived from the retail sale of bump stock devices?
15. For what use
or uses have you marketed bump stock devices?
16. 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?
17. 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?
18. 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)?
19. What costs do
you expect to be associated with the disposition of existing bump stock
device inventory?
20. 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
21. 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)?
22. Based on your
experience or observations, what is (or has been) the price range for these
devices?
23. For what
purposes are the bump stock devices used or advertised?
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