ITAR Confusion

The Department of Defense Trade Control Office (DDTC) has issued contradictory and confusing guidance regarding if/when a gunsmith or gunmaker needs to register for International Traffic in Arms Regulations (ITAR) compliance.

Rather than rely on interpretations that may be incorrect, read the DDTC’s guidance first. Contact the DDTC response team (202/663-1282, DDTCResponseTeam@state.gov) for clarification should you find the published guidance contradictory.

Adam Kraut, Esq., a pro-gun attorney and regular contributor to The Gun Collective has an entertaining video explaining this. Further, he maintains a blog about legal issues concerning gun owners, dealers, and gunsmiths.

The NSSF is supporting legislation to remove the new ITAR interpretation for gunsmiths.

In the meantime, call your U.S. Representative (202/225-3121) and Senators (202/224-3121), and email them urging them to support Rep. Collin Peterson’s Resolution (H. Res. 829) demanding completion and publication of the proposed rules to transfer the licensing of commercial and sporting firearms and ammunition products to the Department of Commerce which doesn’t require registration or payment of a fee.

Additional resources:

Arms Export Control Act (AECA)
https://www.law.cornell.edu/uscode/text/22/chapter-39

Definition of Firearm Gun Control Act – 18 USC 921(a)(3)
https://www.law.cornell.edu/uscode/text/18/921

Required Registration Under ITAR
https://www.law.cornell.edu/cfr/text/22/122.1

Definition of Defense Article
https://www.law.cornell.edu/cfr/text/22/120.6

The United States Munitions List (USML)
https://www.law.cornell.edu/cfr/text/22/121.1

Advisory Opinion
https://www.law.cornell.edu/cfr/text/22/126.9

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