Our PRACTICE Areas
From the documents you need to start your business, to the compliance advice necessary to STAY in business, the classifications required to turn your ideas into actual firearms, and the expert litigation counsel you hope you never need, count on Braum Law to provide what FFLs need most from their legal partners:
- The ability to focus on their business without distraction
- The tools and processes to sell guns safely and responsibly
- To keep current with latest laws and regulations
- Standardized, thorough employee training
- Optimized efficiency and profitability
- Peace of mind
CIVIL LIABILITY
- Original manual drafting and consultation
- Manual reviews and revisions
- Product analysis
Often a manufacturer’s most meaningful communications with its customers consist of its instruction and safety manuals. Braum Law is experienced in preparing product-specific instruction and safety manuals that serve as one of your most important tools to protect your customers from harm and protect your business from liability. Whether you are starting from scratch or simply need your prior instruction and safety manuals reviewed and improved, Braum Law is able to help ensure that your company and your customers are protected
- Insurance coverage reviews
- Pre-litigation analysis and consultation
- Litigation defense and appellate representation
When the use or misuse of a firearm or ammunition results in injury, all parties in the chain of distribution from the manufacturer/importer to the retailer need solid legal representation. Proper product liability protection, however, begins long before a claim ever arises, and FFLs need to be proactive to put themselves in the best position to protect their business in anticipation of such a claim down the road. While there are specific statutory protections against liability for certain firearm-related injuries, those protections are not all-encompassing, and knowing how and when those apply is vital to protecting your business. Moreover, from providing proper warnings and meeting state-specific product requirements to ensuring that they have adequate insurance coverage, FFLs can take preemptive action to maximize their protections under the law. Braum Law is the experienced choice for your product liability needs both before and after a claim arises.
- Pre-litigation analysis and consultation
- Expert witness services
- Litigation support
Braum Law can supply experienced, expert witness services and consultation in a broad range of firearms, ammunition, explosives, and other munitions-related areas. Whether your business is already embroiled in litigation or administrative processes or proactively preparing for such, Braum Law can assist in strategy, presentation, and interaction with opposing parties or regulators to put you in the best position for success. Drawing upon Braum Law’s decades of industry experience will enable your counsel to offer more efficient and effective representation.
- OSHA/lead consultation and analysis
- Representation in OSHA proceedings
- Mitigation of monetary penalties
If the manufacture or discharge of firearms or ammunition are part of your business, then lead management and employee exposure concerns are a part of your business as well. From preemptive lead mitigation and employee safety consultation and program implementation to coming alongside your business during or after an OSHA issue arises, Braum Law can help you your business comply with the law and, more importantly, protect you and your employees from unnecessary risk of harm due to lead exposure. While the best time to address OSHA and lead concerns is from the very start, the second best time to do so is now. Braum Law’s experienced attorneys will help you get and keep control of this often-neglected component of your business’s regulatory landscape. If a problem has already come to light or inevitably will, Braum Law can work with OSHA to minimize the negative impact on your business while you work to get things on the right track.
- Comprehensive range review and evaluation
- Site-specific rules and implementation
- Resolution of existing claims or disputes
In addition to lead mitigation and OSHA concerns, shooting range operators -- both indoor and outdoor – face a broad range of safety, liability, and regulatory considerations. From shooter safety and supervision to projectile containment and noise reduction, it is important for shooting operators to be proactive to address potential hazards and concerns for the benefit of their employees, their customers, and even people outside of their facilities. Braum Law has experience working with range operators to minimize exposure to hazards and liability while seeking to provide the best range experience for their customers. From consultation on effective policies and procedures and the implementation such to facilities reviews (sometimes in conjunction with trusted range and ballistics experts) to helping to resolve problems after they arise, Braum Law can help with all of your range-related needs.
ATF/REGULATORY
- On-site or telephone interaction with ATF
- Client-specific compliance plans
- Warning conferences and revocation hearings
Whether ATF inspects your licensed premises annually, bi-annually, or sporadically with years in between, you can rest assured that another inspection is sure to come and often when it is most inconvenient. When ATF shows up for an inspection, Braum Law can help make sure that things go as smoothly as possible and that many negative outcomes are avoided. If ATF does take subsequent action, Braum Law can provide the best legal representation around for warning conferences, revocation proceedings, and related efforts designed to keep your business in business. Braum Law’s attorneys have participated in inspections and adverse action proceedings in every ATF field division around the country, and we offer decades of knowledge, service, and experience to guide your business through these processes.
- District Court injunction and judicial review
- Appellate Court challenges
- Attorney fee recovery claims
Sometimes ATF interactions result in adverse action against industry members. Whether this involves the revocation of a license, denial of a license application, classification of a product, or any number of other matters, Braum Law has successfully represented FFLs in court against adverse ATF regulatory action around the country. From injunction proceedings to keep your business running during litigation to substantive claims and appellate proceedings, Braum Law is experienced in putting businesses like yours in the best position possible no matter what the circumstances are. Braum Law has even recovered what is believed to be a first of its kind order requiring ATF to pay attorney fees to an applicant improperly denied an FFL. If you find yourself on the wrong end of an adverse ATF regulatory ruling, Braum Law is the right choice for you.
- Bulk and single-item transfers (Form 3, Form 4, Form 5)
- Post-1986 machinegun transfers/business cessation, etc.
- Manufacturer NFA-specific requirements
In addition to Type 01 firearms covered by the Gun Control Act, Braum Law is experienced in working with business that deal either exclusively or occasionally in Type 02 firearms covered by the National Firearms Act. These NFA firearms are subject to various degrees of restriction on transfer and all require registration with ATF. Braum Law works with businesses and individuals to provide guidance, oversight, and ATF interaction relative to a number of registration, transfer (bulk and single-item), transportation, business cessation, and other related matters. Braum Law can help you avoid regulatory and criminal pitfalls, potential seizure and surrender scenarios, and other unpleasant risks of operating in this highly-regulated field.
- Pre-production analysis
- ATF classification requests and follow-up
- Classification challenges and post-ruling solutions
The first step in knowing how to properly market and sell a firearm product is to understand how that product can be expected to be classified and treated by ATF. This can impact your required recordkeeping, transfer restrictions, registration requirements, and other important considerations. To begin to answer that question involves careful consideration of a number of complex criteria that interact in such a way that a slight change in one or two factors can dramatically change a firearm’s expected classification. Braum Law regularly interacts with ATF and industry members on classification matters and can help your business navigate a complex and changing regulatory landscape to understand your product’s classification and the myriad of factors that ATF has historically considered.
- Complete or spot-check inventory
- Thorough analysis of 4473, multiple sale, and other records
- Real-time instruction and training on-site
Braum Law prides itself in providing best-in-the-industry service to customers who wish to be proactive in identifying and addressing “issues” before they become “problems.” To accomplish this, there is nothing better than putting Braum Law’s “boots on the ground” at your licensed premises to provide hands-on and eyes-on audits of your required records, practices and procedures, business operations as a whole. During Braum Law’s on-site inspections and operation reviews we provide valuable feedback and instruction, but more importantly, peace of mind. We are experienced in being the outside voice that is often helpful to reinforce important compliance principals, identify and address areas of needed improvement, and otherwise train you company’s personnel to think and act proactively while equipping them to identify situations where reactive response is needed to maximize compliance efforts.
- Compliance analysis and consultation
- Tailored compliance solutions
- Experienced and engaging employee training
Your business is only as strong as its weakest link, which is often your newest or least invested employee. From multi-site retail operations, to small mom-and-pop gun shops, to large distributors and manufacturers, the regulatory requirements are the same or at least similar, but meeting these requirements requires more than a cookie-cutter, one-size-fits-all approach. Braum Law has experience consulting with companies of all sizes all around the country to provide the best employee training suited to their specific needs and situation. We start by getting to know your business operations, performing a general compliance audit of your business, and working to identify and address your particular weaknesses. We pride ourselves in our ability to draw upon decades of firearm industry experience to help our clients’ companies get and keep their regulatory houses in order, and our track record speaks for itself.
- TTB returns and filings
- FAET minimization strategies and consultation
- Interaction with TTB and advocacy on your behalf
All manufacturers and importers of firearms or ammunition should be aware of the requirement to pay federal Firearms and Ammunition Excise Tax (FAET) on their non-exempt firearms and ammunition. While first understanding what is or is not exempt, Braum Law works with its clients to implement effective tax minimization strategies to help ease the constant tension between your efforts to make a profit and at the same time keep product costs down for your customers. Braum Law can help you better understand and approach your FAET obligations in ways that benefit both you and your consumers. From assisting with FAET returns to interacting with TTB on your behalf to work toward favorable resolutions if and when FAET problems arise, Braum Law has the experience to help you focus on growing your business while we focus on getting and keeping your FAET house in order.
- Product classification analysis
- Facilities reviews and consultation
- Storage, recordkeeping, and variance assessments
In addition to the firearms and ammunition work that Braum Law is known for, we are also experienced in matters pertaining to federal explosives licensure and regulations. From determining whether a specific product qualifies as a non-exempt explosive (it is not uncommon for FFLs to unknowingly manufacture or deal in explosives) to obtaining proper licensure, identifying responsible persons and employee possessors to facilities issues and variances where applicable, Braum Law can help identify and rectify explosives problems as efficiently as possible. Braum Law can perform site/magazine reviews and facilities consultations and interact with ATF on your behalf to help avoid or attempt to solve any problems that you may face. We have the experience to help get your new explosives business up and running or steer your existing business clear of both common and not-so-common regulatory and other hazards. Our aim is for your business to maximize efficiency and profitability without compromising compliance and safety, and we are ready to work with you to accomplish that.
BUSINESS SERVICES
- Bulk and single-item transfers (Form 3, Form 4, Form 5)
- Post-1986 machinegun transfers/business cessation, etc.
- Manufacturer NFA-specific requirements
In addition to Type 01 firearms covered by the Gun Control Act, Braum Law is experienced in working with business that deal either exclusively or occasionally in Type 02 firearms covered by the National Firearms Act. These NFA firearms are subject to various degrees of restriction on transfer and all require registration with ATF. Braum Law works with businesses and individuals to provide guidance, oversight, and ATF interaction relative to a number of registration, transfer (bulk and single-item), transportation, business cessation, and other related matters. Braum Law can help you avoid regulatory and criminal pitfalls, potential seizure and surrender scenarios, and other unpleasant risks of operating in this highly-regulated field.
- Complete or spot-check inventory
- Thorough analysis of 4473, multiple sale, and other records
- Real-time instruction and training on-site
Braum Law prides itself in providing best-in-the-industry service to customers who wish to be proactive in identifying and addressing “issues” before they become “problems.” To accomplish this, there is nothing better than putting Braum Law’s “boots on the ground” at your licensed premises to provide hands-on and eyes-on audits of your required records, practices and procedures, business operations as a whole. During Braum Law’s on-site inspections and operation reviews we provide valuable feedback and instruction, but more importantly, peace of mind. We are experienced in being the outside voice that is often helpful to reinforce important compliance principals, identify and address areas of needed improvement, and otherwise train you company’s personnel to think and act proactively while equipping them to identify situations where reactive response is needed to maximize compliance efforts.
- Company start-ups
- FFL transitions (sales, estates, dissolutions, etc.)
- Management compliance and solutions
FFLs have particular business needs that are unique and require experienced guidance to navigate. Unlike many unregulated businesses, firearms businesses require careful attention when created, purchased, sold, or reorganized. From restrictions on ownership and responsible persons to zoning, state licensure, and other considerations, it is important that you “know what you don’t know” when operating in the firearms industry. Braum Law has extensive experience representing federally-licensed firearms manufacturers, distributors, importers/exporters, and retailers and guiding them through complicated and sensitive transitions to purchase, sell, reorganize, and merely operate their businesses in a way that maximizes business continuity and decreases the negative effects of any transition. We pride ourselves on creative and tailored solutions to meet our clients’ needs.
- Pre-litigation analysis and consultation
- Expert witness services
- Litigation support
Braum Law can supply experienced, expert witness services and consultation in a broad range of firearms, ammunition, explosives, and other munitions-related areas. Whether your business is already embroiled in litigation or administrative processes or proactively preparing for such, Braum Law can assist in strategy, presentation, and interaction with opposing parties or regulators to put you in the best position for success. Drawing upon Braum Law’s decades of industry experience will enable your counsel to offer more efficient and effective representation.
- OSHA/lead consultation and analysis
- Representation in OSHA proceedings
- Mitigation of monetary penalties
If the manufacture or discharge of firearms or ammunition are part of your business, then lead management and employee exposure concerns are a part of your business as well. From preemptive lead mitigation and employee safety consultation and program implementation to coming alongside your business during or after an OSHA issue arises, Braum Law can help you your business comply with the law and, more importantly, protect you and your employees from unnecessary risk of harm due to lead exposure. While the best time to address OSHA and lead concerns is from the very start, the second best time to do so is now. Braum Law’s experienced attorneys will help you get and keep control of this often-neglected component of your business’s regulatory landscape. If a problem has already come to light or inevitably will, Braum Law can work with OSHA to minimize the negative impact on your business while you work to get things on the right track.
- TTB returns and filings
- FAET minimization strategies and consultation
- Interaction with TTB and advocacy on your behalf
All manufacturers and importers of firearms or ammunition should be aware of the requirement to pay federal Firearms and Ammunition Excise Tax (FAET) on their non-exempt firearms and ammunition. While first understanding what is or is not exempt, Braum Law works with its clients to implement effective tax minimization strategies to help ease the constant tension between your efforts to make a profit and at the same time keep product costs down for your customers. Braum Law can help you better understand and approach your FAET obligations in ways that benefit both you and your consumers. From assisting with FAET returns to interacting with TTB on your behalf to work toward favorable resolutions if and when FAET problems arise, Braum Law has the experience to help you focus on growing your business while we focus on getting and keeping your FAET house in order.
IMPORT/EXPORT
- Import/export licensure and consultation
- Foreign warehousing and distribution agreements
- Customs assistance and representation
Braum Law works with its clients to help them take advantage of business opportunities beyond our nation’s borders while ensuring compliance with ITAR/AECA and other regulatory obligations. Braum Law represents numerous domestic and international munitions companies and regularly advises and assists on everything from licensure processing to customs issues. Braum Law has the experience and industry relationships that you need to help open up international markets to your business or bring the world to your customers’ doorsteps. From parts and mold importation for domestic manufacturers to product import approval and sporting purposes analyses for foreign manufactured completed products, Braum Law is able to help your business navigate an often intimidating regulatory area. Braum Law also works with its commonly-owned affiliate, OIF Exporting, to provide first-class import/export services to its clients that do not have in-house import/export departments, and we pride ourselves on finding solutions to broaden our customers’ horizons through international opportunities.
- ITAR policies and procedures
- Technical assistance agreements (TAAs)/Manufacturing license agreements (MLAs)
- Voluntary disclosures
Even if your company never exports an item, those who manufacture export-controlled products or components need procedures and other protections in place to safeguard sensitive information and ensure export compliance. Whether your company needs consultation and assistance relative to DDTC registration, ITAR compliance, product classification, the exchange and protection of protected information, or any of a number of issues that many manufacturers do not even know they have, Braum Law works with its clients to avoid costly and even business-ending mistakes. It is important to proactively identify potential areas of concern, voluntarily disclose violations in a timely and proper manner, and put in place protections and procedures to help ensure regulatory compliance going forward.
- TTB returns and filings
- FAET minimization strategies and consultation
- Interaction with TTB and advocacy on your behalf
All manufacturers and importers of firearms or ammunition should be aware of the requirement to pay federal Firearms and Ammunition Excise Tax (FAET) on their non-exempt firearms and ammunition. While first understanding what is or is not exempt, Braum Law works with its clients to implement effective tax minimization strategies to help ease the constant tension between your efforts to make a profit and at the same time keep product costs down for your customers. Braum Law can help you better understand and approach your FAET obligations in ways that benefit both you and your consumers. From assisting with FAET returns to interacting with TTB on your behalf to work toward favorable resolutions if and when FAET problems arise, Braum Law has the experience to help you focus on growing your business while we focus on getting and keeping your FAET house in order.
Sign up to receive email updates
By submitting this form, you are consenting to receive marketing emails from: OIF Exporting / Braum Law, 812 E Franklin St, Dayton, OH, 45459, http://www.oifexporting.com/. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
(937) 396-0089
9 a.m. - 5 p.m.
812 E FRANKLIN ST.
DAYTON, OH 45459