Reversing an interpretation of the Gun Control Act that has been on the books for more than four decades, ATF posted a ruling declaring any shipment of a firearm by a manufacturer (FFL) to any agent or business (e.g., an engineering-design firm, patent lawyer, testing lab, gun writer, etc.) for a bona fide business purpose to be a “transfer” under the Gun Control Act of 1968, according to a recent release issued by the National Shooting Sports Foundation.


As a consequence, the NSSF said legitimate business-related shipments will now require the recipient to complete a Form 4473 and undergo a Brady criminal background check. In many instances, these requirements will force shipments to a third party, thereby lengthening the process and the time that the firearm is in transit.


ATF officials have acknowledged this is a radical change from ATF’s long-standing interpretation that this was not a “transfer” under the Gun Control Act that was set forth in a 1969 ruling (”Shipment or Delivery of Firearms By Licensees to Employees, Agents, Representatives, Writers and Evaluators.”) and further clarified in a 1972 ruling, according to the release.


In other words, ATF is now saying its long-standing rulings, issued shortly after the Gun Control Act was enacted, were wrong, according to the NSSF.