TW 026 - New ATF AR15 Pistol Guidelines

-        ATF has the authority to make determinations and interpret laws

-        Correspondence rulings and opinions are common = determinations vary

-        IOI’s = Inspectors (not agents)

-        Bad system because the rules are hard to follow – this new guidance is a great example

-        Overall length (not barrel) matters

-        AOW = Any Other Weapon (catch-all category)

-        Concealable firearm (under 26”) = AOW if it’s not a handgun with a rifled barrel

-        Arm-braces = non-permanent accessories

-        Accessories can change the legal classification of a firearm


-        Please check out my Instagram

-        Just kicked off a new veteran-owned venture, this time with my wife, Musket & Hatchet!  If you want to help support us and have a beard, or know someone who does, please try our awesome beard oil




TW 025 - Foreign Persons

Ryan delves into how we can deal with foreign persons and firearm possession, as well as foreign persons and information.   

-       It shall be unlawful for any person who is a non-immigrant alien to possess any firearms or ammunition.

-       General rule = possession not allowed for foreign persons here on non-immigrant visas (not American citizens & here on a visa that has nothing to do with immigrating here. i.e. Tourists or business travelers)

-       Exceptions = We’ll discuss several including the visa waiver program and the biggest loophole, the hunting license. 

-       Technical data given to foreign persons (i.e. Training or coaching) = export license required. 

o   We’ll discuss here plus additional details on Trigger Words – Episode 9 – ITAR/State Department


Federal Code 18 U.S. Code § 922.Unlawful acts

(G)(5)(B) It shall be unlawful for any person – Who, being an alien -

(g)It shall be unlawful for any person—

(5) who, being an alien—

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));


(Y)(2) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas - Exceptions

 (2) Exceptions.—Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—

(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

(B) an official representative of a foreign government who is—

(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or

(ii) en route to or from another country to which that alien is accredited;

(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or

(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.


27 CFR § 478.11 - Meaning of terms.

 27 CFR § 478.32 - Prohibited shipment, transportation, possession, or receipt of firearms and ammunition by certain persons.



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TW 023 - Bump Stock Ban Summary

“Bump-fire stocks” have effectively been banned for average gun-owners. The Trump administration has “re-defined” these devices as machine guns and is giving American citizens 90 days to turn them in or destroy them or they will be felons!

One giant exemption exists: becoming an FFL!

In this podcast we talk about:

  • What bump-firing is

  • What a bump-stock is

  • What a machine gun is (was)

  • How this rule is NOT a law

  • What the rule means (what it does)

  • Loopholes around the rule

What the new rule does:

Changes the DOJ definition (not the actual law) of “single function of the trigger” to mean “a single pull of the trigger.”

  • Changes the definition of “automatically” to mean “as the result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single pull of the trigger.”

  • “Clarifies” the definition of machine guns to include “Bump-Stock_type Devices.”

  • Amends all the necessary regulations to match this new interpretation by DOJ

Summary from the language of the rule:

“The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices-meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics-are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.

Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.

Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger.

With limited exceptions, the Gun Control Act, as amended, makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to the effective date of the statute. The bump- stock-type devices covered by this final rule were not in existence prior to the effective date ofthe statute, and therefore will be prohibited when this rule becomes effective.

Consequently, under the final rule, current possessors of these devices will be required to destroy the devices or abandon them at an ATF office prior to the effective date of the rule.”


TW 022 - NFA Definitions

TW022 - NFA definitions

National Firearms Act of 1934 (NFA)

 Legislation started after attempted assassination of President Franklin D. Roosevelt in 1933

Attempt to reduce prohibition-era gang violence



Requires registration and taxation of certain firearms


Short Barreled Shotguns (SBS)

Short Barreled Rifles (SBR)

Machine Guns

Any Other Weapons (AOW)

Destructive Devices



Any device for silencing, muffling, or diminishing the report of a portable firearm

INCLUDES - Any parts designed and intended for use in making a silencer


Short Barreled Shotgun

Any shotgun with a barrel length less than 18” or an overall length less than 26”


Short Barreled Rifle

Any rifle with a barrel length less than 16” or an overall length less than 26”


Machine Gun

A firearm which is designed to shoot more than one shot with a single function of the trigger

INCLUDES - any part which is designed and intended solely and exclusively for use in converting a weapon into a machine gun


Any Other Weapon

A firearm, other than a handgun with a rifled barrel, capable of being concealed (26” overall length or less)

A handgun with a smooth bore designed to fire a shotgun shell

Improvised and disguised firearms


Destructive Device

Any explosive or projectile with more than a ¼ ounce charge

A firearm with a bore of more than one-half inch in diameter

Exceptions - shotguns and shotgun shells recognized by ATF for sporting purposes


NFA Taxes

Manufacturing and/or transferring NFA firearms require the payment of a tax

Silencer, SBS, SBR, Machine Gun, DD: $200 (since 1934)

$3,000 in today’s money

AOW: $5


Special Occupational Taxpayers can pay a tax once per year for all NFA firearms

$1,000 or $500 depending on size and type of business

Classes of SOT:

Class 1 - Importer of NFA firearms

Requires Type 8 or 11 FFL

Class 2 - Manufacturer of NFA firearms

Requires Type 7 or 10 FFL

Class 3 - Dealer in NFA Firearms

Requires Type 1 or 2 FFL

 18 USC 921

 26 USC 5845

Get an FFL/Become an SOT

Firearms as Gifts

TW 021 - The 3D Firearms Prohibition Act H.R. 7115


H.R. 7115 – The 3D Firearms Prohibition Act


Do you know what the H.R. 7115 bill is proposing?  If not, tune in for an in-depth explanation of the proposed house bill which Ryan believes prohibits too much and is overbroad.  He provides you with a breakdown of the 3 major changes it proposes to current gun laws:   

-       Do-It yourself assault weapon ban

-       Prohibition of advertising do-it yourself assault weapons

-       Requirements for homemade firearms to have serial numbers

Join in to hear why Ryan believes this is a big deal.  If you want to keep educating yourself, read his article about the HR 7115 3D Firearms Prohibition Act on RocketFFL. 

Interested in Ryan teaching you how to build a homemade firearm?  Click the link to check out his article on 

TW 020 - How to Own a Machinegun


They’re actually legal for most Americans to own!  Listen in as Ryan explains all the details of how it’s legal, what is legal and all the steps to take in order to ensure you’re in compliance with the laws.  He also goes into detail for you on Title 26 of the U.S. code regarding machineguns and breaks down the uniqueness of machineguns in comparison to other NFA firearms.  Ryan will walk you through which FFL can be most helpful and how you can can use his RocketFFL course to make that a reality.  Do you know what the term Pre-’86 means?  If not, you will after this podcast as Ryan give you an in-depth explanation of what it means and what it can mean for you.


-       Manufacturer’s FFL

-       NFA Firearms

-       Forms 4 & 9

-       SOT’s 

-       Pre-’86 Machineguns

-       1981 ATF Ruling (ATF RULING 84-1 DROP IN AUTO SEARS)

-       Title 26 of the U.S. code: (b)Machinegun.  The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

-       Auto sears

-       Firearms Protection Act


TW 019 - Traveling with Firearms


-       2 episodes ago (17) was about shipping firearms

o   My recommended method because it’s easier than traveling or flying with your firearms

o   If you get your FFL (easy to do with RocketFFL) you can ship them easily


o   Peaceable Journey Law

§  Part of the Firearm Owners’ Protection Act

§  Allows you to travel interstate, on an occasional trip, with your firearm in your vehicle without being forced to worry about rules and laws in the states you pass through.

§  Still required to respect the laws of the state or city where you’re at.

§  Only applicable to you if the firearm, and your possession of it, it legal in your starting and destination states.

§  In between, you must keep the firearm locked in a container separate from the passenger compartment.  Either in the trunk or locked away from you and separate from the ammunition in SUV’s.

§  Doesn’t guarantee you won’t be hassled by local law enforcement.

§  Most important: Applies to the firearm being in your vehicle, the trip being an occasional one and you must be passing through the states.

§  Not applicable if you make the trip regularly, you’re stopping to sight-see or visit businesses or if you’re staying at a hotel.  Must be passing through.

§  Stopping for restroom breaks, gasoline or a drive-through is acceptable.


o   Permissible but rules must be followed.

1)   Make sure you’re going to be at an airport in a place where it’s legal to have firearms.  Always be sure of your departure and destination state laws.

2)   When checking your bags, you must declare you have a firearm but that you are not going to carry it on you or have it in your carry-on bag. It must be in your checked baggage.

3)   Fill out the tag or form they will provide you, which you’re signing to confirm the firearm is unloaded.  Often, they’ll ask you to verify this fact. 

4)   Place the form or tag in with the gun.

o   Despite these rules, the interactions you have with each gate agent, airline or TSA person can be different. 

o   Best advice: go with the flow.  Do not argue, just follow their instructions.

§  Goal is not to be right, it’s to stay out of trouble & get to your destination.

o   Recommendation: Print out the TSA’s rules (click here to open their website)

§  If you encounter someone who says you can’t travel with a firearm, show them.

o   Firearm must be locked in your baggage (*Please note that I said carry-on baggage during the show by mistake.  I meant to say checked-bagged.*)

§  Locked in a hard-sided container which includes plastic, just not soft.

·      Handguns: Best in the case it originally came in.

·      Rifles: A hard case such as a Pelican (click here to check out options)

§  How it needs to be locked depends on the airline and/or airport.

·      Typically, one padlock in the factory plastic box is sufficient.

·      Sometimes, they test to see if it can be pried open on any side.

·      Be very careful to get a nice hard-sided case that cannot be pried open.

·      Make sure you have padlocks in every hole available for them on your case

§  Do not use TSA locks.

·      Cases must be locked so only you have access to the firearm.

·      Be prepared to argue this in some instances. 

o   This is a situation where the TSA rules handout comes in handy.

·      TSA approved locks compromise the security of your firearm.

·      Using a TSA lock allows access by someone other than you to the firearm which is against federal law.

·      They’ll have you sign a declaration that it’s empty; make sure it is.

·      You may be brought to a separate screening area:

o   They’ll swab the case down.

o   If they ask you to open it, do so, but maintain possession of the key.

o   Never give them your keys to walk away with.


o   The rules just say ammunition can’t be loose.

o   They prefer it be in the original cardboard box, not in a high-security case.

o   It may also be in the magazine.

§  You can have an unloaded handgun locked in a case with a loaded magazine.

o   Despite the rule, you may occasionally be asked by an agent to separate the ammunition from the firearm.

§  Always comply with their request and place the ammunition box loose in your bag.



o   Keep in mind you’ll have different experiences every time.

o   Use your judgement and follow the rules as best you can.

o   Research ahead of time and ensure you know the state laws.

Please check out my latest project, Mayday Safety.  We’re hoping it helps keep kids and schools safer.  The mobile app is out and free so please download it!  RocketFFL course sign-ups have been very high which is great!  Please know that the course isn’t just about the application process, that’s just one chapter.  It goes through all the background information and considerations you need to know to apply correctly and get set up the right way the first time.

Great news on the ATF compliance course, Jackie & I made a lot of progress on it last week so it’s coming soon!


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TW 018 - 3D-Gun Printing Controversy

-       Referred to in the industry as additive manufacturing

-       Coolest design in my opinion will be silencers

o   Currently limited on silencer baffle design based on what can be machined because you can only get so many angles or curves with a drill bit.  With 3D we’ll get amazing structures, baffles and chambers.

-       ITAR (discussed in depth in episode 9) = International Traffic in Arms Regulations

o   Regulations are methods made to help carry out laws

o   ITAR are state regulations to carry out AECA (Arms Export Control Act)

o   Includes rifles, handguns, non-sporting shotguns, their parts & ammunition

§  This includes short-barreled shotguns

o   Other firearms (non-significant military types) regulated by the Department of Commerce

§  This includes shotguns with barrel lengths over 18”

o   3D pistol is a handgun, therefore regulated by ITAR and can’t be exported without a license. 

o   Export:  ITAR definition has nothing to do with leaving the country but rather the arrival of the item.

§  Considered an export if it arrives in the hands of a foreign person, regardless if on U.S. soil.

o   ITAR also covers technical data and defense services

§  Any info necessary for the use or manufacture of the items such as blueprints or tips & tricks.

§  Exemption = if it’s publicly available (ie: found on the internet)

·      Can’t share what’s yours to make it publicly available

§  3D printing files considered technical data

o   State departments issue: Plans published on the internet = available to foreign persons = deemed export

o   Defensive argument = 2nd amendment freedom of speech rights

-       Overall issue isn’t that people can get the 3D plans online and make their own guns, it’s only the deemed export of it to foreign persons. 

-       State department backed off and agreed to a settlement. 

o   Possible reasons:

§  Can’t protect the freedom of speech and block this.

§  Export Control Reform Initiative (ECR), courtesy of Obama, should be approved soon to include moving rifles, handguns, tech data, defense services, non-sporting shotguns, parts & ammunition away from ITAR (state) and under the regulation of the Department of Commerce

·      Trump working to get it approved but major shooting incidents are delaying the process

o   Individual states still coming out against it however.  


-       Refresher: Federal law allows (except by prohibited persons) the making of your own firearms

o   Without serial numbers or markings is acceptable

o   Only if it’s made with no intention to sell it (although you can decide to sell it AFTER the fact)

o   Intending to sell = FFL needed (RocketFFL can walk you through the process)

-       Thank you for your patience with me while launching Mayday Safety.  I’m grateful to hopefully make a big impact in helping schools, businesses and families around the world protect themselves in emergency situations and save lives.

-       Please check out my new childrens safety book!  Originally titled Firearm Safety is No Accident but renamed this week to There’s Only One You.  Teaches kids an important message about most accidents being recoverable but not so with firearm accidents.


TW 017 - Shipping Firearms

Shipping Firearms

-        Why ship rather than fly

-        Intrastate – not a “transfer” needing an FFL

-        Interstate – to yourself or FFL only

o   To you, c/o the other person (not a transfer if unopened)

o   Shipping to someone else - change in control

-        Keep box un-taped for possible inspection.

-        Insert FFL

-        DECLARE firearm

-        Handguns – non-FFL use UPS or FedEx only

-       Ammo – Use UPS or FedEx only – GROUND.

o   Must be marked ORM-D/diamond

-       No law that I know of about ammo and firearm in same box (rules only)

-       USPS – US Mail

o   Long-guns only for non-FFL

o   Best for price/insurance

o   No ammo

o   Include a “Return Service Requested” endorsement.

o   Ship using Priority Mail Express.

o   Signature is required and must be used at delivery

-       UPS – FFLs only (their rules)

o   Should not identify firearm (label/box)

o   Handguns overnight

o   Ammo ground-only marked 66lb max

-       FedEx

o   No markings (must not)

o   Ammo in separate package

o   Store/Center dependent

o   Have copy of FFL


-       Use/Get FFL


TW 016 - Justiciability and Levels of Scrutiny

Ryan doubles back and dives into a topic from last episode: how a court looks at constitutional law cases to include standards of review for different types of cases and when a court has the authority to hear a case.

TW 015 - AWB 2018 and Dicks Lawsuit

Ryan discusses the newly proposed Assault Weapons Ban and the lawsuit against Dick's and Walmart for banning long-gun sales to those under 21 years old.

TW 014 - NFA Trusts

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Ryan explores what NFA trusts are and whether you should use one.

TW 013 - Armor Piercing Ammunition

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Based on the recent news of an ammunition vendor being arrested and charged in connection with the Las Vegas shooting, Ryan discusses the federal laws on Armor Piercing Ammunition.


TW 012 - Franklin Armory's Reformation

If you've been wondering how you're going to apply all of this new firearms legal information from this podcast to the real world....this episode is for you!

Franklin Armory broke the firearm-related internet last week with the announcement of their Reformation firearm.

They claim that it isn't a rifle, shotgun, nor NFA firearm. However, the picture looks just like a short barreled rifle.

Ryan's contacts in the ATF say that the Reformation has NOT bee approved but that a prior request from Franklin Armory has been approved. The company's press release says that the ATF has approved it as a "non-rifle" but implementing the technology the way they have MAY be an issue. We're paying close attention to see what happens at SHOT.

TW 011 - CA Ammo Law, Foreign persons, Background Checks

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Ryan talks about California's brand new ammunition law which bans internet ammo sales and requires all ammunition transactions to occur "face-to-face." It also requires most sellers of ammunition to obtain a special ammunition seller's permit. Gun dealers (FFLs) in California are exempt from this. For more, see:

Ryan also adds some information to the last episode on export controls and talks about considerations for foreign persons and how we all need to be careful!

The episode is answering a listener's question about background checks and what to do when you are "delayed."

TW 010 - Machine Guns and Bump-Fire Stocks

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Ryan explores the federal definition of machine guns and how the ATF is seeking to include bump-fire stocks within the definition.

Ryan's newest project: Mayday Safety, a program for family, business, and church safety.


TW 008 - Judicial Review, Marbury v. Madison

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You wanted Ryan to dive a little deeper into the Constitutional law weeds and you got it!  Ryan gives a tiny sample of a lecture that he normally gives his college students about how the Supreme Court made a creative power-grab.

We hope that you enjoy this brief history lesson in American politics - we bet you'll learn something!

Get Your FFL

Get Qualified Online for a CCW


TW 007 - Infringing on Rights and NICS Checks

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Ryan reviews the last episode's topic of Constitutional rights and explains how the government can, and does, infringe upon our rights. As a recent example, Ryan discusses a recent Florida case that the Supreme Court decided not to hear - and what that might mean.

Ryan also explains what NICS checks are and how they can be used to measure relative firearm sales statistics. These stats show that we are currently experiencing record sales within the firearms industry.

Florida/Supreme Court:…/breaking-u-s-supreme-court-…/

NICS Checks:

Record Firearms Sales: