28 CFR 0.130 - General functions

Cite as28 CFR 0.130
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94 practice notes
  • Organization, functions, and authority delegations: Bureau of Alcohol, Tobacco, Firearems, and Explosives,
    • United States
    • Federal Register January 31, 2003
    • January 31, 2003
    ...Alcohol, Tobacco, Firearms, and Explosives, consistent with the subparts that delegate authority to other bureaus of the Department. New 28 CFR 0.130 delegates to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (``Director''), subject to the direction of the Attorne......
  • Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm
    • United States
    • Federal Register January 15, 2016
    • January 15, 2016
    ...that responsibility to the Director of ATF (Director), subject to the direction of the Attorney General and the Deputy Attorney General. 28 CFR 0.130(a). ATF has promulgated regulations that implement the provisions of the NFA set forth in 27 CFR part 479, which contains procedural and subs......
  • Cargill v. Barr, No. 1:19-CV-349-DAE
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • November 23, 2020
    ...Dkt. # 11 ¶ 5.)6. AG Barr and DOJ are responsible for overseeing the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF"). See 28 C.F.R. § 0.130(a)(1).7. Defendant Regina Lombardo is the Acting Director of the Bureau of Alcohol, Firearms, Tobacco, and Explosives. (Dkt. # 1 ¶ 6; Dkt.......
  • Gun Owners of Am., Inc. v. Garland, 19-1298
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 3, 2021
    ...and exercise the functions and powers of the Attorney General with respect to Chapter 44 of Title 18 and Chapter 53 of Title 26. 28 C.F.R. § 0.130(a). On December 26, 2018, ATF published a rule clarifying that bump-stock-type devices fall within the definition of "machinegun" as defined in ......
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66 cases
  • Aposhian v. Barr, 19-4036
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 7, 2020
    ...Id. § 926(a). The Attorney General has delegated the responsibility for enforcing and administering the NFA and the GCA to ATF. See 28 C.F.R. § 0.130(a).Under 18 U.S.C. § 922(o), it is "unlawful for any person to transfer or possess a machinegun." Conversely, many firearms requiring a disti......
  • Kajmowicz v. Whitaker, 21-2434
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • July 21, 2022
    ...and, in fact, the Attorney General subdelegated it to the Director of ATF, who has exercised this rulemaking authority since 2003. See 28 C.F.R. § 0.130(a)(1)-(2) ; Organization of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 68 Fed. Reg. at 4926. Therefore, neither statute "re......
  • Tyler v. Hillsdale Cnty. Sheriff's Dep't, 13–1876
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 15, 2016
    ...laws.” 18 U.S.C. § 925(c). Authority to administer the relief-from-disabilities program has been delegated to the director of the ATF. 28 C.F.R. § 0.130(a)(1) ; 27 C.F.R. § 478.144(b) (providing that “[a]n application for such relief shall be filed ... with the Director [of ATF]”). Under § ......
  • Firearms Import/Export Roundtable Trade Grp. v. Jones
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 12, 2012
    ...and subsequent reassembly.B. Regulatory Context ATF has rulemaking authority with respect to federal firearms law. See18 U.S.C. § 926; 28 C.F.R. § 0.130(a)(1). Pursuant to this power, the agency has altered its interpretation of the FOPA amendment in at least three instances. Plaintiffs que......
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