I would like some clarification concerning employee eligibility/background checks. There seems to be a lot of gray area in the regulations specifically, Section 478.32, concerning whom we can hire. We always do background checks (always post-offer, in accordance with the law) and always operate with a great deal of caution, but we dont want to be overly exclusive of people with pasts. Clarification of specific rulings, examples and such from the ATF would be helpful.
There are no federal laws or regulations that require an FFL to run background checks on employees, and you are prohibited from using NICS to conduct a background check on an employee unless you are disposing of a firearm to the employee. However, if you learn, as a result of running a background check or otherwise, that one of your employees is prohibited from possessing or receiving firearms, you must not allow this prohibited person to receive or possess firearms. Doing so would be a felony.
If you are unable to determine whether a criminal conviction or other event has made a person prohibited from possessing or receiving firearms, we recommend that you contact your local ATF Area Office for further guidance. You can find contact information for your local ATF Area Office at atf.gov under the heading Field Divisions.
NSSF Note: The Fair Credit Reporting Act (FCRA) and, possibly, state consumer privacy laws, can become relevant if an employer takes an adverse employment action, such as firing or refusing to hire or promote based on a background check (e.g., hiring a firm to conduct a background check or running a credit history report). Under the FCRA, the employer must provide certain pre- and post-notice and information to the job applicant or employee. As noted above, you can only run a NICS background check when transferring a firearm, not for the sole purpose of screening current or prospective employees. However, a lawfully conducted NICS check, which could potentially result in your learning that an employee is a prohibited person, does not trigger the FCRA or other privacy laws. Before putting in place employee-screening procedures, consult with your attorney
As a Federal Firearms Licensee, what is my responsibility to respond to a request to trace a firearm?
A licensee must provide the requested information immediately, and in no event later than 24 hours after receipt of a request by the ATF. Failure to respond to the request for trace information can result in monetary fines and/or imprisonment, or revocation of the licensees Federal Firearms License. [18 U.S.C. 923(g) (7), 27 CFR 478.25a]
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
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NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Typically, who are categorized as nonimmigrant aliens?
In large part, nonimmigrant aliens are persons traveling temporarily in the United States for business or pleasure, persons studying in the United States who maintain a foreign residence abroad and certain foreign workers. Permanent resident aliens are not nonimmigrant aliens. Permanent resident aliens often are referred to as people with green cards
I have a firearm hanging on the wall of my office, which adjoins the sales floor of my store. It is of sentimental value, and thats why I have it hanging there. It is listed in the A&D book and on the computer, though it is not for sale. At our last inspection, it was counted as part of the inventory, and no comments were made. Another dealer was told that any firearm on the premise must have a sales tag on it. What is the official ruling?
A presumption exists that all firearms on a dealers business premise are for sale and accordingly must be entered in the dealers required records. If a dealer wishes to keep personal firearms on his or her premise that are not intended for sale, ATF recommends that he or she tag the personal firearms indicating that they are not for sale.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
I've reported a lost firearm. I've done all the necessary paperwork and notifications. Now, I've found the firearm. What is my course of action?
FFLs who report a firearm as missing and later discover its whereabouts should advise the ATF, as well as their local law enforcement agency, that the firearms have been located. The ATF can be contacted at 888-930-9275. In addition, once the firearms are located, they must be re-entered into the Acquisition and Disposition (A&D) record as an acquisition entry.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Do my range employees require HAZWOPER training if they are to respond to lead spills or for general job performance?
OSHA’s HAZWOPER standards do not apply to range maintenance operations that occur at commercial or private ranges that are neither hazardous waste sites, nor treatment, storage, and disposal facilities. According to OSHA, a site is a hazardous waste site if any of the following apply:
- Identified or listed by a government body as an uncontrolled hazardous waste site.
- Listed on the EPA’ s National Priority List.
- Listed on a State priority list.
- Regulated as a corrective action covered by the EPA’s Resource Conservation and Recovery Act (RCRA).
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| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
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Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
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NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Is an explosion proof vacuum a suggestion or requirement on the range? We currently use a Minuteman lead hepa filter vacuum.
There is no specific OSHA requirement for explosion-proof vacuums. However, OSHA has issued citations for using a non-explosion proof vacuum to vacuum-up gunpowder residue.
NSSF Member Webinars
|
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| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Is the Gilian BDX -II asbestos and lead monitoring device sufficient for our air monitoring program?
The Gilian BDX-II air sampling pump can be used to conduct the OSHA required airborne lead dust personal exposure monitoring. However, additional sampling supplies (e.g., sample media) and equipment (e.g., air pump calibrator) will need to be obtained to complete the required exposure assessment. Let’s chat when time permits to review your sampling plan and to ensure you have the appropriate equipment/supplies.
NSSF Member Webinars
|
|
| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Are there any PPE requirements for filter changes that require you to enter the HVAC system, when air monitoring falls below the Action Level and PEL?
Per 1910.132(d)(1): The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall: (i) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment; (ii) Communicate selection decisions to each affected employee; and, (iii) Select PPE that properly fits each affected employee. Per 1910.132(f)(1)
The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following: (i) When PPE is necessary; (ii) What PPE is necessary; (iii) How to properly don, doff, adjust, and wear PPE; (iv) The limitations of the PPE; and, (v) The proper care, maintenance, useful life and disposal of the PPE.
NSSF Member Webinars
|
|
| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
How often is personal airborne lead dust exposure monitoring required?
Personal airborne lead dust exposure monitoring is required at least semi-annually when measured levels exceed the Action Level and quarterly when measured levels exceed the PEL. Additional monitoring is required whenever there has been a production, process, control or personnel change which may result in new or additional exposure to lead, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to lead.
NSSF Member Webinars
|
|
| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Does OSHA have authority over private clubs that do not have employees?
Federal OSHA does not generally cover volunteers, unless they are compensated in some way and would therefore be considered employees. Please see https://www.osha.gov/laws-regs/standardinterpretations/1992-02-12 for additional details.
NSSF Member Webinars
|
|
| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Can a fish and game club utilize members to clean the indoor/outdoor ranges?
OSHA does not prohibit this activity and may not have jurisdiction over such “volunteers”. However, in the interest of club member safety, it’s best to consult with a trained safety and health professional to ensure proper control measures are present during cleaning activities.
NSSF Member Webinars
|
|
| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.
Can blood lead levels be testing and monitored via a local doctors office OR does it have to be done at a certain site?
Per 1910.1025(j)(2)(iii): Blood lead level sampling and analysis shall be conducted by a laboratory licensed by the Center for Disease Control, United States Department of Health, Education and Welfare (CDC) or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.
NSSF Member Webinars
|
|
| Presented by Jason Smith, this 3 part course focuses on range safety and health specifically through the lens of the OSHA’s 7 Core Elements and recommendations for workplace safety. | Presented by Erica Moncayo, this course is made up of 3 modules which review three of the most pressing topics safety and health-related topics for ranges. |
More Range Compliance Resources Here
Looking for more education opportunities?
Consider NSSF’s SHOT University Online, a one-stop e-learning platform for firearms retailers and ranges. On-demand and free for NSSF members, this library of interactive online courses provides a deep dive on critical topics ranging from compliance and regulatory issues to operational guidance and business improvement for both business owners and employees.
Learn more about SHOT University Online
Looking for more guidance?
NSSF’s Premium Range Membership offers unparalleled protection and benefits. Designed to offer the best protection and benefits in the industry, this membership is available to any qualifying NSSF range or retailer/range member who is not currently facing any OSHA and or state OSH violations.
Membership directly supports NSSF in its mission to promote, protect and preserve our industry and our sports. NSSF stands in defense of every segment of our industry on Capitol Hill and in state capitols nationwide and is working on behalf of every one of its members every day to strengthen our industry. Start your application today, or upgrade your existing membership to premium.
24-Hour Compliance Hotline
NSSF members can greatly benefit from the NSSF’s Retail Member Hotline. The toll-free hotline will bring calls in to the NSSF headquarters on a 24/7 basis. If questions regarding compliance, transactions, legislation or any other topic cannot be answered at the time of the call, an all-out attempt will be made to provide the answer within 24 hours.
NSSF members have exclusive 24/7 access to the NSSF’s Retail Member Hotline. Non-member retailers can view some of the questions that have been asked and answered through this service here.
Compliance Resources for Members
NSSF offers an array of resources and information to help members operate their businesses in compliance with laws and regulations. NSSF’s regulatory compliance resources include articles, newsletters, videos, online training courses, legal and regulatory compliance consultants and more. Log in to access.