- Thread Starter
- #21
So I wrote the BATF via Email. They are still vague about whether a safety fulfills the requirement of law but it seems the store is within it's rights to charge for a lock. I also sent a snail-mail letter to their legal division, maybe they will be more specific.
"Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email, dated May 23, 2011, in which you inquired about the Child Safety Lock Act (CSLA) and the definition of secure gun storage or a safety device.
It is unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for than handgun [18 U.S.C. 922(z)(1)].
The term "secure gun storage or safety device" means-
(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means [18 U.S.C. 921(a)(34)].
The exceptions to this requirement are:
(A) (i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or
(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or
(B) the transfer to, or possession by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);
(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun [18 U.S.C. 922(z)(2)].
In order to determine if a firearm safety or safety device built into the firearm meets the definition of 18 U.S.C. 921(a)(34)(B), please submit a letter to the ATF Firearms Technology Branch (FTB) that includes the specific firearm and model for which you are requesting a determination. FTB can be reached at:
Bureau of Alcohol, Tobacco, Firearms and Explosives
Chief, Firearms Technology Branch
244 Needy Road, Suite 1600
Martinsburg, WV 25405
As far as the licensee charging you for the safety lock, each business has its own business practices. ATF has no jurisdiction over such practices unless the licensee is in violation of Federal firearms laws or regulations. Additionally, there may be State laws that pertain to secure gun storage or safety devices. ATF has no jurisdiction over State law. Contact State Police units or the office of your State Attorney General for information on any such requirements. A listing of their offices is available at: NAAG | Welcome.
We trust this correspondence has been responsive to your inquiry. Should you have additional questions related to firearms laws or regulations, please do not hesitate to contact the Firearms Industry Programs Branch at ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives.
Regards,
Firearms Industry Programs Branch, ATF"
"Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email, dated May 23, 2011, in which you inquired about the Child Safety Lock Act (CSLA) and the definition of secure gun storage or a safety device.
It is unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for than handgun [18 U.S.C. 922(z)(1)].
The term "secure gun storage or safety device" means-
(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means [18 U.S.C. 921(a)(34)].
The exceptions to this requirement are:
(A) (i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or
(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or
(B) the transfer to, or possession by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);
(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun [18 U.S.C. 922(z)(2)].
In order to determine if a firearm safety or safety device built into the firearm meets the definition of 18 U.S.C. 921(a)(34)(B), please submit a letter to the ATF Firearms Technology Branch (FTB) that includes the specific firearm and model for which you are requesting a determination. FTB can be reached at:
Bureau of Alcohol, Tobacco, Firearms and Explosives
Chief, Firearms Technology Branch
244 Needy Road, Suite 1600
Martinsburg, WV 25405
As far as the licensee charging you for the safety lock, each business has its own business practices. ATF has no jurisdiction over such practices unless the licensee is in violation of Federal firearms laws or regulations. Additionally, there may be State laws that pertain to secure gun storage or safety devices. ATF has no jurisdiction over State law. Contact State Police units or the office of your State Attorney General for information on any such requirements. A listing of their offices is available at: NAAG | Welcome.
We trust this correspondence has been responsive to your inquiry. Should you have additional questions related to firearms laws or regulations, please do not hesitate to contact the Firearms Industry Programs Branch at ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives.
Regards,
Firearms Industry Programs Branch, ATF"
