New Frame & Receiver Ruling Announced; ATF to Address Industry at FIC 2022

Today, the Biden administration announced the final ruling for ATF 2021R-05, “Definition of ‘Frame or Receiver’ and Identification of Firearms.” Among its provisions, the ruling will effectively eliminate the distribution of “80% kits” and require FFLs and gunsmiths to serialize such firearms upon acquisition. The final ruling is anticipated to be published in the Federal Register shortly and go into effect in 120 days. The president also announced his nomination of Steve Dettelbach to serve as Director of ATF.

Following the announcement, Orchid LLC and the Williams Mullen’s Firearms Industry Group have organized a 90-minute discussion at the 2022 Firearms Industry Conference (FIC), to be held in Atlanta on April 26–27, in which ATF executives will review the new ruling and take moderated questions from conference attendees. Agency personnel will also be available during scheduled regulatory breakout sessions and private FFL/ATF meetings.

“The Firearms Industry Conference is critically important, especially this year, to the firearms industry.  We welcome the opportunity to provide a forum for the ATF leadership to speak with our attendees and to hear from industry leaders and market participants later this month,” said Chuck James, Co-Chair of the Williams Mullen Firearms Industry Group.

“With ATF executives in attendance, we believed it was important for attendees to have an opportunity to hear from and engage with their leadership in open dialogue,” said Orchid CEO, Jon Rydberg. “We’ve adjusted our schedule to allow for such discussion and encourage conference registrants to review the ruling and prepare questions in advance of the event.”

“This ruling will have significant regulatory and operational impacts on FFLs, gun owners and the entire firearms industry,” said Phil Milks, Orchid VP and Lead Attorney at FFL Law. “It’s imperative firearm manufacturers and retailers review the ruling in detail and evaluate their manufacturing, serialization and recordkeeping processes to ensure compliance when the new regulations go into effect. We urge FFLs to contact Orchid to learn more about this ruling and how it may affect their firearms business.”

Over 20 ATF executives will attend FIC 2022, including:

• Marvin Richardson, Acting Director, ATF
• Tom Chittum, Acting Associate Deputy Director, ATF
• Alphonso Hughes, Assistant Director, Office of Enforcement Programs & Services
• Andy Graham, Deputy Assistant Director, Office of Enforcement Programs & Services
• Marianna Mitchem, Chief, Firearms & Explosive Industry Division
• Curtis Gilbert, Deputy Assistant Director (Industry Operations), Office of Field Operations
• Andrew Lange, Chief, Office of Regulatory Affairs

Held April 21–27, FIC 2022 features virtual and in-person educational sessions led by federal agency executives, firearms industry professionals and subject matter experts. Sessions are broken intro three comprehensive learning tracks: Firearms Industry Law & Finance, FFL Compliance, and FFL Technology. FIC On-Air™ will be held online April 21–22, followed by FIC Workshops on April 25 and the main FIC event on April 26–27 in Atlanta.

To register for or sponsor FIC 2022, visit orchidadvisors.com/FIC. A portion of all event registrations and sponsorships will be donated to Project ChildSafe. Attendees are encouraged to make hotel reservations at the Westin Buckhead Atlanta while vacancies remain.

Attending FFLs who wish to discuss confidential matters with the ATF should contact Marianna Mitchem at marianna.mitchem@atf.gov for availability.