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.

comments

  1. avatar Darkman says:

    Still asking. Do these guidelines supersede closure orders put in place by Governors, Sheriffs and other Agencies? As well Courts who have upheld those orders.

    1. avatar matthew newton says:

      No. Federal government cannot overrule state orders on anything like that. Now the Supreme court could step in and rule that the closures violate the 2nd amendment and thus cannot be closed. Then the federal government could step in to enforce that ruling if a state refuses to comply.

      But until such time, the federal government has no jurisdiction over a state in that respect.

      1. avatar matthew newton says:

        To clarify, someone would have to bring suit and courts would need to rule up to the level of SCOTUS, or a lower level federal judge would have to rule it is unconstitutional and the various courts would either need to agree, or refuse to hear it (letting the lower court judgement stand).

        1. avatar Tom in Oregon says:

          Yup. So in 2-3 years, we would have the final ruling.

        2. avatar Klaus Von Schmitto says:

          At best, Tom

        3. avatar Geoff "Guns. LOTS of guns..." PR says:

          Why does this require clarification?

          Quite a few brick-and-mortar FFLs down here regularly set up tables at gun shows. How would that be any different?

      2. avatar Gary Moore says:

        The SCOTUS has a case before it now that will clear things up. Should get answers in May or June. It will or should take the power away from the states on the 2nd and get rid of a lot STUPID LAWS, like the Illinois FOID law. N R A v New York !

        1. avatar turn about says:

          I hope you’re right.

        2. Oh Man I hope so — So Upset with Illinois — The foid Card IMO- is not needed -plus it is a infringement. They ( State & ISP) are keeping the Foid Card just for the FUNDS !!! Not right – I Also hope the people of Illinois vote against ALL of the demos in November….

  2. avatar Debbie W. says:

    My understanding is all who have denied the 2A are being sued or have lawsuits pending. “Reasonable Restrictions” does not mean gun hating tyrants can close down gun stores and deny citizens a Constitutional Right.

  3. avatar Big Bill says:

    When I read the other article on this, a question that immediately came to mind was this: the ruling specifically said “property.” There are a lot of shops/ranges that are on rented property, so they don’t own the property they operate on.
    Now, evidently, the operative word is “premises.”
    I assume the ATF got a lot of questions asking for clarification on that point.

  4. avatar Gadsden Flag says:

    How do the stores display their wares?

    1. avatar Green Mtn. Boy says:

      Out of the trunk of a 69 Cadillac or bed a 3/4 ton pickup.

      1. avatar Jeff the Griz says:

        With the amount of inventory remaining at the stores the first week of panic they wouldn’t fill the bed of a kids Tonka truck.

  5. avatar JeffW says:

    Oh my, the haters will have a field day with this one. I can visualize the story on MSNBC…”In case buying a gun at a gun show with no background check wasn’t easy enough, now you can pick up a gun and ammo as easy as a hamburger”.

  6. avatar Thixotropic says:

    Another Große Lüge.

    Go ahead and get close enough to conduct your transaction just no hugging and kissing or fist bumps.

  7. avatar Alan says:

    Speaking personally, I would want it in writing, and certified as to the the authority of the person or persons issuing this ruling. Should anyone wonder regarding the level of trust I have in bureau types, lower than it ever was, and it wasn’t especially high to begin with. By the way, The Congress never did look especially good regarding this entire firearms law and the enforcement thereof business. The passage of time has not improved their image either.

  8. avatar SuspiciousFisherman says:

    We want vending machines, front door delivery, and no registration. Maybe, then we will celebrate. This drive though stuff though, will be heavily regulated. A step in the right direction maybe, but what good is a step when they have already pushed us back miles behind the line. Good for the current situation at least, that is about where it ends.

    1. avatar Scott says:

      I would settle for vending machines for ammo! Drive up remote locations would be a plus.

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