Explore The NRA Universe Of Websites

APPEARS IN News

Just in Time for His Party’s Convention, Obama Administration Releases Latest Executive Gun Control

Wednesday, July 27, 2016

Just in Time for His Party’s Convention, Obama Administration Releases Latest Executive Gun Control

On Friday, July 22, just as members of his party were gathering in Philadelphia to coronate Hillary Clinton as their presidential nominee, the Obama Administration once again released a sweeping gun control measure by executive fiat. This time the bad news came via the U.S. State Department’s Directorate of Defense Trade Controls (DDTC), which is primarily responsible for administering the Arms Export Control Act (AECA) and its implementing rules, the International Traffic in Arms Regulations (ITAR). The upshot is that DDTC is labeling commercial gunsmiths as “manufacturers” for performing relatively simple work such as threading a barrel or fabricating a small custom part for an older firearm. Under the AECA, “manufacturers” are required to register with DDTC at significant expense or risk onerous criminal penalties. 

As with prior executive actions on guns, the administration released its dictate suddenly and without advance warning to or prior input from affected businesses, completely bypassing the normal formalities associated with a significant rulemaking. The guidance is also likely to result in more confusion than clarity and may significantly chill heretofore legal conduct associated with gunsmithing.

By way of background, the AECA and ITAR concern rules by which military materiel is exported from, and imported to, the United States. The so-called “defense articles” governed by the AECA/ITAR are compiled in what is known as the U.S. Munitions List and include some, but not all, firearms and ammunition, as well as their parts and components. Thus, for purposes of the regime, a spring or floorplate from the magazine of a controlled firearm is subject to the same regulatory framework as the firearm itself.

The AECA/ITAR require anybody who engages in the business of “manufacturing” a defense article to register with DDTC and pay a registration fee that for new applicants is currently $2,250 per year. These requirements apply, even if the business does not, and does not intend to, export any defense article. Moreover, under ITAR, “only one occasion of manufacturing … a defense article” is necessary for a commercial entity to be considered “engaged in the business” and therefore subject to the regime’s requirements.

Adding to the confusion, the Gun Control Act of 1968 and its amendments (GCA) also regulate firearm manufacturing, importing, and exporting. Both of the laws also use the same or similar terms but apply them in different ways. Thus, what triggers the legal requirement for an entity to be registered as a “manufacturer” under the AECA/ITAR may or may not also bring that entity within the scope of the GCA, and vice versa. 

DDTC’s new “guidance” only makes this situation worse by coming up with a confusing and counterintuitive list of activities that it considers “gunsmithing” versus “manufacturing” (despite the fact that it insists it relies on the “ordinary, contemporary, common meaning” of those terms). 

For example, DDTC generally labels procedures that involve cutting, drilling, or machining of an existing firearm in order to improve its accuracy or operation or to change its caliber as “manufacturing,” even if they do not create a new and distinct firearm. This includes threading a muzzle for a muzzle brake or blueprinting that requires machining of a barrel.   

On the other hand, DDTC contends that gunsmithing includes only very simple procedures, such as the one-for-one drop-in replacement of parts that do not require cutting, drilling, or machining for installation.  But even then, if the parts “improve the accuracy, caliber, or other aspects of firearm operation,” “manufacturing” may occur. Finishing treatments for firearms generally are not considered manufacturing under the guidance, nor are cosmetic flourishes such as engraving. Meanwhile the mounting of a scope that involves the machining of new dovetails or the drilling and tapping of holes may or not be “manufacturing,” depending on whether the scope improves the accuracy of the firearm beyond its prior configuration. 

For those who are confused by the guidance, DDTC offers the option of requesting an advisory opinion through the agency. The regulation providing for such opinions, however, states they “are not binding on the Department of State, and may not be used in future matters before the Department.” Moreover, the request involves typical bureaucratic hoops to negotiate, including providing both an original and seven copies of the request and supporting information in hardcopy form. 

DDTC’s move appears aimed at expanding the regulatory sweep of the AECA/ITAR and culling many smaller commercial gunsmithing operations that do not have the means to pay the annual registration fee or the sophistication to negotiate DDTC’s confusing maze of bureaucracy. Like ATF’s early “guidance” this year on the GCA’s licensing requirement for firearm “dealers,” it is also likely to have a significant chilling effect on activity that would not even be considered regulated.   

The administration’s latest move serves as a timely reminder of how the politicized and arrogant abuse of executive power can be used to suppress Second Amendment rights and curtail lawful firearm-related commerce. That lesson should not be forgotten when voters go to the polls this November.  

TRENDING NOW
NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Soros-Funded D.A. Blames 2A Supporters for Terrorist Attack by Foreign-Born Felon

News  

Monday, March 23, 2026

Soros-Funded D.A. Blames 2A Supporters for Terrorist Attack by Foreign-Born Felon

Norfolk, VA, Commonwealth Attorney Ramin Fatehi was desperate to seize the narrative on responsibility for what the FBI are investigating as a terrorist attack on the campus of Old Dominion University that claimed the life ...

Philadelphia Joins in on Deceptive Lawsuits Against Glock

News  

Monday, March 23, 2026

Philadelphia Joins in on Deceptive Lawsuits Against Glock

Legal warfare continues against the firearms industry in the form of yet another lawsuit filed against Glock. 

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

Thursday, March 19, 2026

New Jersey: Sherrill Administration Has Yet to Update Permit to Carry Dashboard

After Phil Murphy signed NJ’s Carry Killer bill (A.4769), in a complete rejection of the Supreme Court’s holding in Bruen, the Attorney General’s Office elected to voluntarily release data relating to the number of carry permit applications, including ...

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Kansas: State-Level Suppressor Bill Passes Senate

Friday, March 20, 2026

Kansas: State-Level Suppressor Bill Passes Senate

This week, the Senate passed House Bill 2501, removing suppressors and short barreled firearms from the controlled weapons list at the state level.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.