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ATF Responds to NSSF’s Request for Guidance on FFL ‘Premises’ Questions

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We published news last night of the ATF’s guidance regarding drive-thru and outdoor kiosk sales of firearms in order to improve social distancing and protect firearms retailers and their customers. That new guidance came as a result of a push by the NSSF for the change given the current national emergency. Here’s the NSSF’s press release regarding the ATF’s new stance:

NSSF® has heard your concerns about conducting transactions outside of your retail stores in light of the unprecedented restrictions placed on businesses during the COVID-19 pandemic. We have been working closely with the ATF to gain clarity on this front for firearm retailers. Today we thank the ATF for issuing guidance for FFLs regarding sidewalk/curbside transactions.

The guidance has been released as an open letter, available here. In short, the ATF determined:

“…pursuant to the Gun Control Act (GCA) and its implementing regulations, a licensed importer, manufacturer, or dealer may engage in the firearms or ammunition business for which the business is licensed on any part of its business premises, provided that the activity otherwise complies with all applicable federal laws and regulations, and any sale, delivery, or disposition would not violate any State law or published ordinance applicable at the place of sale, delivery, or other disposition.”

NSSF appreciates the ATF responding to our requests on your behalf for clarity on this front. As the firearm industry trade association, NSSF has been engaged in all fronts with federal, state and local authorities to ensure manufactures, distributors, retailers and ranges were listed “essential critical infrastructure” and able to operate within CDC guidelines during emergency pandemic orders.

You can read the ATF’s letter to ATF and NICS here.

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