ATF Seeks Input on 'Application of the Definition of Machinegun to 'Bump Fire' Stocks and Other Similar Devices'

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 [email protected]. 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?

In addition to sharing comments with NSSF as directed above, comments may be submitted through the Federal eRulemaking Portal, or by mail or fax. Instructions on these methods are also available in the advanced notice of proposed rulemaking (ANPRM).