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
Trump Reinforces Support for the Second Amendment During National AM250 Address

News  

Monday, July 13, 2026

Trump Reinforces Support for the Second Amendment During National AM250 Address

It may not need to be said, but we’ll keep saying it: Donald Trump is the most pro-Second Amendment president in the NRA’s history of protecting the right to keep and bear arms.  While the nation ...

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

News  

Monday, July 13, 2026

NRA Files Comments in Response to ATF’s Regulatory Reforms, Urges Participation!

Last week, NRA filed its first round of comments in response to ATF’s comprehensive regulatory overhaul. NRA’s latest input shows the Association’s efforts coming full circle.

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

Wednesday, July 8, 2026

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

The National Rifle Association filed a lawsuit challenging Illinois’s 72-hour waiting period requirement for firearm purchases.

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

News  

Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

Make America Beautiful Again Progress Report Reinforces NRA’s Sporting Priorities

News  

Monday, July 13, 2026

Make America Beautiful Again Progress Report Reinforces NRA’s Sporting Priorities

In the continuing celebratory spirit of America’s 250th anniversary, the Trump administration released the 2026 Make America Beautiful Again (MABA) Midterm Report, a progress report  prepared by the MABA Commission to provide updates on conservation-related initiatives ...

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

News  

Thursday, July 2, 2026

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

We are not getting tired of heaping praise upon Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), as she continues to push the envelope when it comes ...

NRA Files Amicus Brief Urging Sixth Circuit to Strike Down NFA Restrictions on Short-Barreled Rifles

Monday, July 13, 2026

NRA Files Amicus Brief Urging Sixth Circuit to Strike Down NFA Restrictions on Short-Barreled Rifles

Today, the National Rifle Association, joined by the Firearms Policy Coalition, Second Amendment Foundation, and American Suppressor Association, filed an amicus brief in United States v. Machamer, urging the U.S. Court of Appeals for the ...

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.