Firearms Industry
Williams Mullen’s Firearms Industry Group provides innovative legal services to members of the firearms industry. The industry is constantly evolving with new laws, the expansion of e-commerce, the critical need for financing, increasing venture capital investments, and surging potential liability.
Our attorneys have a single focus: providing innovative, practical, business-oriented legal solutions to our clients. With years of experience working with some of the most well-known companies in the industry, Williams Mullen provides the legal knowledge and experience that help companies advance their business growth.
Our team provides comprehensive legal counsel to ensure that our clients are in compliance with all federal and state firearms laws. We collaborate with our clients to assess their current policies and incorporate enhancements that keep our clients ahead of the regulatory curve.
Whether you are a manufacturer needing help with the industry’s complex laws and regulations; a retailer looking to sell guns online; or a company looking to finance firearms transactions, our team can help.
Federal and State Firearms Regulatory Compliance
- ATF Compliance and Enforcement.
- ITAR, Export Control and OFAC Representation.
- National Firearms Act.
- Gun Control Act of 1968.
- State and local compliance and enforcement, including state regulation that may conflict with federal firearms law and state “Reasonable Controls” statutes.
Risk Mitigation, Liability Avoidance, and Defense of Claims
- Defense of lawsuit attacking industry members’ alleged negligent marketing practices and issues stemming from intentional misuse of products.
- Advice on avoidance of supply-chain liability, products liability, and related matters.
- Defense of products liability actions.
Financing for the Firearms Industry
- Platform development for retail firearms lending and leasing, including offerings of Retail Installment Sales Contracts and consumer leases as alternatives to cash and credit card purchases.
- Advice to both lenders and industry members regarding commercial lending terms.
- Banking regulation and relationship advice in light of restrictions on lending to the industry and “reputational risk”.
- Relationship management between firearms industry members and lenders, venture capital firms and other sources of debt and equity financing.
Corporate Law and Business Advice
- Entity formation and corporate governance.
- Equity and debt financings.
- Strategic alliances and joint ventures.
- Mergers and acquisitions.
Intellectual Property
- Prosecution of patents for new inventions.
- Patent, trademark and copyright protection and disputes.
- Privacy and information security.
E-Commerce and Online Gun Sales
- E-commerce platform and procedure development for purchasing firearms through online portals.
- E-commerce compliance advice on safe terms and conditions of sale.
- Liability analysis for companies of state and local laws and the applicability of specific federal laws that control risk, such as the Protection in Lawful Commerce of Arms Act (PLCAA).
Government Investigations and Subpoena Compliance
- False Claims Act (FCA) litigation defense.
- Internal Investigations.
- Subpoena Compliance and Communication with regulators and law enforcement.
- Federal Acquisition Act and Truthful Cost or Pricing Data Act counseling.
Employment
- Intersection of employment laws and firearms laws, such as issues regarding Responsible Persons’ duties.
- Employment agreements and non-compete / restrictive covenant issues.
- Employee benefits.
- Equity and executive compensation.
- Immigration.
Environmental
- Lead contamination and OSHA issues.
- Sustainability.
Experience
Examples of our representative experience in the firearms industry include:
- Defended federal firearms licensees against the ATF’s attempts to revoke licenses pursuant to the Biden Administration’s “Zero Tolerance Policy”.
- Advised firearms industry members regarding ATF inspections; investigations by the Department of State, Office of Defense Trade Controls Compliance; and potential regulatory action stemming from inspections and investigations.
- Served as regulatory counsel on a public company’s acquisition of an online firearms retailer, guiding the deal team through due diligence, regulatory considerations, and representations and warranties needed for acquiring a firearms business.
- Advised the purchaser of a business entity on the lawful transfer/disposal of explosives that were acquired along with the target company.
- Assisted a firearms LLC in crafting its Operating Agreement and working with the ATF to ensure that the company owners without management responsibility were not required to be designated as Responsible Persons on the federal firearms license.
- Negotiated lease terms for a supplier to a firearms manufacturer so that restricted Class III/NFA items could be properly “chaperoned” by the manufacturer in the supplier’s facility.
- Advised e-commerce retailers on terms and conditions of firearms sales over the internet and on challenges posed by shipping to states and localities that restrict firearms and ammunition sales.
- Provided advice to firearms industry members regarding banking regulations and relationships in light of restrictions on lending to the industry.
- Assisted banks in crafting terms for loan documents for credit facilities to firearms manufacturers.
- Advised non-firearms industry businesses on firearms laws, including restrictions on employers’ ability to restrict possession of firearms on company property.
