Thursday, February 2, 2023 at 15:59:08 Eastern Standard Time

Subject: RE: Request for comment

Date: Thursday, January 26, 2023 at 12:09:18 PM Eastern Standard Time
From: Longnecker, Erik (ATF)
To: John Crump, Public Affairs Division
ADachments: image001.gif, image003.png, image004.png, image005.png, image006.png, image007.png,
image008.jpg

Hello John,
 
If you check the document, you will see that the Final Rule begins at the bottom of page 268; page 47 is
from the initial proposed rule. Since the document is fairly lengthy, it could be useful to use the bookmarks
within the pdf, to see which sections you are in. That is helpful for me.
 
Respectfully,
 
Erik Longnecker
 
From: John Crump <john@blackswanmedia.group>
Sent: Thursday, January 26, 2023 12:01 PM
To: Longnecker, Erik (ATF) <Erik.Longnecker@aY.gov>; Public Affairs Division <liaison2@aY.gov>
Subject: [EXTERNAL] Re: Request for comment

Erik,

On the bo`om of page 47 in the footnotes it states that revokes on classificabons for pistol grip shotguns and
says they must be resubmi`ed for re-evaluabon. Can you please check again?

Thanks,
John Crump

From: "Longnecker, Erik (ATF)" <Erik.Longnecker@aY.gov>

Date: Thursday, January 26, 2023 at 11:06 AM
To: John Crump <john@blackswanmedia.group>, Public Affairs Division <liaison2@aY.gov>
Subject: RE: Request for comment

Hello John,
 
The 120-day period is for when applications must be submitted to ATF, not the time period for when they
must be processed. The processing time will vary based on the volume of applications submitted to ATF.;
however, the background check is one of the final steps in ATF’s processing of an application. If an
application is disapproved due to the FBI not being able to provide a proceed for the background check
(after 88-days), the applicant can resolve issues with the FBI and resubmit their application to ATF (See
items 21-23 in the questions and answers at https://www.atf.gov/rules-and-
regulations/docs/undefined/eformone-externalguidancewithqapdf/download), even if that resubmission
is after the initial 120-day period.
 
ATF will deny an application if the applicant cannot legally possess firearms or if the requested firearm
cannot legally be possessed in their State. Those applicants generally have four options: permanently

Page 1 of 3
remove or alter the stabilizing brace such that it cannot be reattached, remove the short barrel and attach a
16-inch or longer rifled barrel; abandon the firearm to ATF, or destroy the firearm.
 
Section 922(r), in relevant part, makes it unlawful to assemble from imported parts a semiautomatic rifle that
is otherwise not importable. The implementing regulations of the GCA at 27 CFR 478.39 provides that a
person may not assemble a semiautomatic rifle using more than 10 of the imported parts listed in the
relevant paragraphs of the regulation. As discussed on page 246 of the final rule, the criminal violation
under section 922(r) is for the “assembly” of the semiautomatic rifle; therefore, no modification of such
firearm would cure the 922(r) violation because the “assembly” has already occurred. Accordingly, a person
with an imported pistol that was subsequently equipped with a “stabilizing brace” will have the same
options as anyone else under the final rule. Should that person choose to register the firearm, no further
modification of the firearm with domestic parts is required.
 
The final rule does not address pistol grip firearms (such as the Tac-14 or Shockwave), nor does it revoke
prior classification letters relating to those firearms. Those were in the proposed rule.
 
Respectfully,
 
Erik Longnecker
Deputy Chief | Public Affairs Division
Office of Public and Governmental Affairs
Bureau of Alcohol, Tobacco, Firearms and Explosives

 
From: John Crump <john@blackswanmedia.group>
Sent: Wednesday, January 25, 2023 4:14 PM
To: Public Affairs Division <liaison2@aY.gov>
Subject: [EXTERNAL] Request for comment

Hello,

John Crump with AmmoLand News. I am under a bght deadline of 3PM tomorrow. I am looking for a
comment about what happens if a background check does not come back in 88 days on the new Form 1s for
braced pistols. I am aware that it is an automabc rejecbon on current Form 1s and Form 4s (see a`ached
document). But those are for items not currently in possession of the gunowner. At SHOT the ATF’s
representabves response was “an enforcement acbon.” Was this rep correct?

Also, the rule says if a braced pistol is not 922r compliant then it has to be destroyed or turned in, and there
is no way to make it retroacbvely 922r compliant. Will the ATF let people with non-922r complaint braced
pistols file for the tax stamp, or does the ATF sbll expect them to destroy or turn in the firearm?

The final quesbon is that about short barreled shotguns under the GCA that are not regulated under the
NFA. The rule says those cannot be registered using the pistol braced amnesty , but all determinabon le`ers

Page 2 of 3
are revoked. What does that mean for people currently in possession of TAC-14s and Shockwaves? How
about those with pistol braces?

Thank You,
John Crump
AmmoLand News.

Page 3 of 3