Our PRACTICE Areas

• 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.