Oh boy.  ITAR is not something one wants to mess around with.  I have to
deal with it in my work since there can be “arms” applications of my
company’s products.



Violations make you, personally, subject to imprisonment.  And a violation
can be as simple as “disclosing” “arms-related” “technology” to a
non-citizen.  After Obama’s act, merely talking about ammunition or firearm
features can, it seems, now put you in violation of ITAR rules.  Even
emailing or faxing a photo of a gun to another US citizen is a violation
since it is possible for a non-citizen to see it.



This strikes me as cataclysmic, and the breadth of it all might be
breathtaking.  We’ll see.  But this is as great an overreach as we’ve seen
from Obama.



—S.







http://www.thetruthaboutguns.com/2016/07/foghorn/breaking-obama-issues-executive-order-may-drive-gunsmiths-business/
BREAKING: Obama Issues Executive Order That May Drive Gunsmiths Out of
Business

[image: President Obama in Warsau (courtesy cnn.com)]
<https://www.thetruthaboutguns.com/2016/07/robert-farago/breaking-president-obama-hard-unpack-motives-dallas-shooter/president-obama-in-warsau-courtesy-cnn-com/>

President Obama has the ability to issue “executive orders” that direct the
agencies controlled by the Office of the President to change the way they
operate. Government agencies have a large amount of leeway when it comes to
the interpretation of the law and how it applies to the American people,
and these executive orders are intended to allow the president to
specifically direct those agencies in whatever manner he sees fit.

Last Friday President Obama issued one such order
<http://pmddtc.state.gov/compliance/Applicability%20of%20the%20ITAR%20Registration%20Requirement%20to%20Firearms%20Manufacturers%20(Publish).pdf>
which changed the definition of a “manufacturer” under the ITAR treaty
regulations, a change which now means anyone who so much as threads a
barrel on a firearm needs to pay thousands more dollars in fees and is
subject to further registration. From the NRA
<https://www.nraila.org/articles/20160727/just-in-time-for-his-party-s-convention-obama-administration-releases-latest-executive-gun-control>
:

*By way of background, the AECA and ITAR concern rules by which military
materiel is exported from, and imported to, the United States. The
so-called “defense articles” governed by the AECA/ITAR are compiled in what
is known as the U.S. Munitions List and include some, but not all, firearms
and ammunition
<http://clicks.pangora.com/purchaseRedirect.do?p=0&c=637529&o=1226815060&che=cGFuZ29yYSHYl2TZaJMQgfwXArCpB2gH&m=112257&rid=6786298890&ver=2.0&market=us&man=Winchester&ser=3467&pc=27655836&pcat=78099&dbob=cGFuZ29yYSHlxBVptItEMw..&dbobcur=USD&abob=cGFuZ29yYSE9oMgKoce_zw..&abobcur=USD&ts=MjAxNjA3MjktMDgyNTQx&op=-1.0&dle=cGFuZ29yYSFukH8DrX5tSNfs5PvzUmmOSGXIqdLmjNk3UZmqIm57mTge_Y3PVcnlp2E8YaU_T6o3W37aHQMf9PGO8XkqraZ3EEHZtEsn2YHRJdzv9mW8ew_1ioYruWODndf1Hjd1wKT149FKmaerNwq-ozZk_UF_Y5pxTfOVh5G4N8mvy0YF5nyHCCFSo9Ry7-FgWHfhwII-xLhWuuEVYqxYMRVUcYHY453WFjC1rpIqllSSWebrrtYMYnMK8gpsUY5Z5jiaOcTR-eOhnF4pHQUNmdNsSebTqN8L96qPOJr_amDYGYK_H0Ezwwit46pBIfWYEEBCusNPC5-MEB22CFDncMYPtFkmr5GvQqRPEkVBlpkBV6aGpY2RlL6iavC4b1MUW-WJdw2BRYlgmKfAme6YNdktq3_kxj51kTOCjLQtGk8iNg0oLPECozw4HQiIg250ki2-M40lDhDK0BqZnUxDGCnaQ2IMMrG6A8WfiCFBn9qMOP_zksm9lvDokIX-6cqhWXjMljlnDeKrJuwVRmOjaYTq7H5Z8TPC9O7BEVysD7Z_nVnea95TN7m1y5TEWBi1ltoBLoJDZXvTd9Gac6we1qdhiraAD19Ckmx3hYwtLOp0NvNv3uj2EW70O8CQUdRx4tcqlDFK94cZrIiB1VzUuTpDLkNfmmXe-paouMs.>,
as well as their parts and components.*

*Thus, for purposes of the regime, a spring or floorplate from the magazine
of a controlled firearm is subject to the same regulatory framework as the
firearm itself.*

*The AECA/ITAR require anybody who engages in the business of
“manufacturing” a defense article to register with DDTC and pay a
registration fee that for new applicants is currently $2,250 per year.
These requirements apply, even if the business does not, and does not
intend to, export any defense article.*

*Moreover, under ITAR, “only one occasion of manufacturing … a defense
article” is necessary for a commercial entity to be considered “engaged in
the business” and therefore subject to the regime’s requirements.*

The issue is the definition of “manufacturer.” Previously, only machine
shops who actually produce a firearm from scratch were required to register
as a “manufacturer.” Local gun shops with a shade-tree gunsmith
<http://rover.ebay.com/rover/13/0/19/DealFrame/DealFrame.cmp?bm=603&BEFID=96400&acode=607&code=607&aon=&crawler_id=523588&dealId=J2sWvltPJvajh9-Q85Xclw%3D%3D&searchID=&url=http%3A%2F%2Fads.midwayusa.com%2Fproduct%2F334795%2Fleupold-gunsmith-dovetail-scope-base-blank-matte%3Fcm_mmc%3Dpf_ci_ebay-_-Optics%2B-%2BScope%2BRings%252C%2BBases%252C%2BMounting%2B%2526%2BAccessories-_-Leupold-_-334795%26sdc_id%3DeBay&DealName=Leupold%20Gunsmith%20Dovetail%20Scope%20Base%20Blank%20Matte&MerchantID=523588&HasLink=yes&category=0&AR=-1&NG=1&GR=1&ND=1&PN=1&RR=-1&ST=&MN=msnFeed&FPT=SDCF&NDS=1&NMS=1&NDP=1&MRS=&PD=0&brnId=2455&lnkId=8070676&Issdt=160728051352&IsFtr=0&IsSmart=0&dlprc=15.99&SKU=334795>
happily threading barrels and trueing up receivers were exempt, since they
didn’t actually make anything new.

This new interpretation of the ITAR regulations has changed all that, and
anyone who so much as threads a barrel now must further register with the
Federal government as a “manufacturer” and pay an additional $2,250 in
registration fees. That might not seem like a lot to a big shop, but for
the small mom-and-pop gunsmiths this could be enough to put them out of
business.

The NRA’s opinion on the matter is predictable:

*DDTC’s move appears aimed at expanding the regulatory sweep of the
AECA/ITAR and culling many smaller commercial gunsmithing operations that
do not have the means to pay the annual registration fee or the
sophistication to negotiate DDTC’s confusing maze of bureaucracy. Like
ATF’s early “guidance” this year on theGCA’s licensing requirement for
firearm “dealers
<https://www.nraila.org/articles/20160108/obama-issues-executive-actions-on-guns>,”
it is also likely to have a significant chilling effect on activity that
would not even be considered regulated.   *

*The administration’s latest move serves as a timely reminder of how the
politicized and arrogant abuse of executive power can be used to suppress
Second Amendment rights and curtail lawful firearm-related commerce. That
lesson should not be forgotten when voters go to the polls this November.*



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