Dear Forum Members:
Please regard this as an unofficial notice, but, as David has suggested, an update is in order.
The National Rifle Association’s Civil Rights Defense Fund (CRDF) has provided Mr. Larry Crow with appropriate funding and an extremely competent attorney who is well-versed in federal agency litigation. As Mr. Crow’s case is active at this time, I am unable to comment on its specifics. I will note that I expect a very favorable outcome for Mr. Crow and other similarly-situated gunsmiths.
We are, as always, vigilant in addressing wrongs visited upon gunsmiths and FFLs in general, and have assisted one other individual as well. When we were first made aware of the conflicts and potential conflicts between gunsmiths and the ATF, we contacted numerous gunsmithing guilds and their leadership, fully explaining the problem and asking for their perspective and guidance. To date, I have been extremely impressed by the candor and responsiveness of the gunsmithing community. We asked that guilds broadcast alerts to their membership advising them not to panic, but to report actual incidents whereby the member may have been unfairly treated by the ATF. Though the responses have been enthusiastic, we have yet to identify more than one or two other cases where there may be evidence of unfair treatment (even these cases are far less egregious than that of Mr. Crow).
Had we discovered evidence that there was some widespread or systematic abuse on the part of the ATF, certainly there would have been reason to broadcast that discovery to our membership and the general public. It appears, however, that any improper actions on behalf of ATF have been isolated, and likely the actions of misinformed or mistaken agents. Broadcasting such incidents may be counterproductive, as several of our solutions are being formulated now with the full cooperation of ATF.
The National Rifle Association has made considerable effort in the past alerting our membership to potential difficulties with licensure and ATF compliance; though I do not directly make policy decisions regarding publications, I imagine that there is risk of losing the poignancy of a message through over-saturation.
In finding a solution to the problem of gunsmiths, manufacturers, and non-licensees lacking clear guidance from the ATF as to what, exactly, constitutes “manufacture,” “gunsmithing,” “dealer,” etc., we have examined many options. At present, the most favorable to all parties is regulatory addition to, or amendment of, 18 USC 921(11)(B), which defines those terms, but does so inadequately for guidance purposes. Such a change would not seek to redefine any of those terms, but rather define them with greater specificity. That is to say, we’re not seeking to change the law, we just want it clarified so that everyone is on the same page and people can go about their business without wondering whether or not they’re in compliance with federal law.
This legislative solution is not without flaw, however. Most notably, such legislative action could be (legitimately) construed as altering or affecting the way FAET is collected. That means tax money. Tax money means House Ways and Means Committee hearings. Things could get ugly. This is not to say that the legislative action is not a good idea, but it is more complicated than it looks. The right bill sponsor at the right time, and with minimal fanfare, could accomplish our collective goals, but drafting, timing, and support are crucial issues. This is another example of a situation that is very important, but where increased public awareness and advertising can be counterproductive.
As always, I promise you that the National Rifle Association considers very carefully how we expend our resources in order to get the greatest benefit to our members, and all Americans, alike. As I often say, it is unfortunate that responsible gun owners are often still discriminated against in the United States. The Institute for Legislative Action at the National Rifle Association remains committed to informing and educating both the public and government alike regarding the Second Amendment, firearms, and firearms ownership.
Thank you for your continued support.
-Eric Swartz
Office of Legislative Counsel
National Rifle Association – Institute for Legislative Action
