Hornady® is proud to introduce the new 6mm ARC (Advanced Rifle Cartridge). Recently tested, selected and fielded by a specialized group within the U.S. Department of Defense for its multipurpose combat rifle program, the 6mm ARC is a truly versatile cartridge that maximizes the potential of the AR-15 platform. The consumer offerings will feature bullets selected to deliver ideal performance for hunting, match shooting and personal protection applications.

“The 6mm ARC began with a simple question: What can we do with today’s technology to maximize the performance of the AR-15 platform?” Hornady Ballistician Jayden Quinlan said. “We subsequently modeled and tested a variety of designs in different calibers until we were able to produce the most flexible cartridge possible within the limits of the AR-15 system.”

This new cartridge delivers less felt recoil than larger short-action-based cartridges, yet takes full advantage of modern, heavy caliber 6mm bullets that provide excellent accuracy and ballistic performance at extended range.

The 6mm ARC delivers substantially better ballistics than the 5.56 NATO with similar recoil and yet delivers comparable ballistics to the venerable .308 Winchester with 30% less weight on both weapons system and ammunition.

Hornady plans to have the CIP approval at the end of 2020. The 6mm ARC will be available in the following product lines: 6mm ARC 105-grain BTHP Hornady BLACK®; 6mm ARC 108-grain ELD® Match™; and 6mm ARC 103-grain ELD-X® Precision Hunter® (Available Fall 2020).

Hornady also offers everything needed to reload the 6mm ARC with a multitude of existing 6mm Hornady bullets, dies and components. Reloading data will be available on the Hornady Reloading App.

Hornady.com/6mmARC

ST ENGINEERING SECURES OVER $1.6B IN NEW CONTRACTS

ST Engineering announced new contracts worth about $1.6B, secured by its Aerospace and Electronics sectors in the first quarter (1Q) of 2020. These contracts are over and above a defence contract that its Land Systems arm secured.

The group’s Aerospace sector secured about $838M across its spectrum of aviation manufacturing and MRO businesses. The MRO contracts included A320 heavy maintenance contracts and CFM56-7B engine maintenance contracts from Chinese airlines and a component Maintenance-By-the-Hour (MBHTM) contract from a Southeast Asian airline to provide comprehensive component maintenance services for its entire fleet of Boeing 737 and Bombardier Q400. ST Engineering’s Electronics sector secured about $730M worth of contracts for products and solutions in smart mobility, cybersecurity, data analytics as well as training and simulation.

Defence Contract by the Land Systems Sector

In addition to the above $1.6B new contracts, the group’s Land Systems arm secured a Phase 2 contract for the production and supply of the Hunter Armoured Fighting Vehicle (AFV) from the Singapore Ministry of Defence. Under the contract, ST Engineering will also provide integrated logistics support which includes spares, training and documentation.

Due to the COVID-19 pandemic and its evolving circumstances, ST Engineering is discussing adjustments to delivery schedules or addressing order cancellations with its customers. As at the end of 1Q, the group’s order book remains robust.

The above developments are not expected to have any material impact on the consolidated net tangible assets per share and earnings per share of ST Engineering for the current financial year.

All figures are denominated in Singapore dollars unless indicated otherwise.

ST Engineering is a global technology, defence and engineering group specializing in the aerospace, electronics, land systems and marine sectors.

stengg.com/en/singapore-technologies-engineering

In January 2020, Elbit Systems announced that its subsidiary, IMI Systems was selected by the Finnish Ministry of Defence (Finnish MOD), following a competitive testing by the Finish Defence Forces (FDF), to provide the Finnish Army with the M339, a NATO-compliant, 120mm High Explosive Multipurpose ammunition and Data Setting Units for its Leopard 2 Main Battle Tanks (MBTs).

Suitable for all NATO 120mm smooth bore gun MBTs, the M339 is a high-accuracy, multipurpose 120mm tank ammunition that complies with NATO STANAG requirements. The FDF selected the M339 to improve the fire power and ability of the battle tanks to engage different types of targets.

imisystems.com

ELBIT SYSTEMS AWARDED INITIAL $31M CONTRACT FOR PROTECTION SYSTEMS

Elbit Systems announced on January 7, 2020, that it was awarded an initial contract from the Production and Procurement Directorate of the Israeli Ministry of Defense (IMOD) valued at approximately $31 million to provide Iron Fist Active Protection Systems (APS) for the Eitan Armored Fighting Vehicles (AFVs) of the Israeli Defense Forces (IDF). The contract will be performed over a 5-year period.

Under the contract, Elbit Systems will equip the IDF’s new wheeled AFVs with the Iron Fist Light Decoupled (IFLD) Systems. The Iron Fist System uses optical sensors, tracking radar, launchers and countermeasure munitions to defeat threats at a safe distance. The Iron Fist System provides 360-degree protection coverage for close-range scenarios in both open terrain and urban environment. The systems’ high-performance, versatility and negligible residual penetration, as well as its low size and weight and ease of integration, position the Iron Fist as an optimal APS for any fighting vehicle.

elbitsystems.com

TURKISH ARMED FORCES ADDS ARMED DRONE SYSTEM

SONGAR™, the first national armed drone system to be developed by ASİSGUARD^TM, has been delivered to the Turkish Armed Forces (TAF) after the successful completion of acceptance tests. Equipped with advanced features, SONGAR will undertake critical tasks in operations conducted by both TAF and the security forces.

Equipped with an automatic machine gun, SONGAR can carry out operations within a 3km radius. The system can transfer images in real time and carry 200 rounds of 5.56x45mm NATO ammunition. The drone features a specially designed, flexible ammunition feed chute (ammunition belt) and an automatic firing mechanism and can operate at altitudes of 2,800m.

Ayhan Sunar, General Manager at ASİSGUARD, underlined that the SONGAR system is currently unique, saying: “As one of the most prominent drone systems in our product family, SONGAR can undertake many critical tasks, including locating the target area, eliminating the threat, transferring real-time images and carrying out post-operation damage assessment. It stands out as one of the leading national capabilities in asymmetric warfare as a result of its firing accuracy.”

SONGAR has achieved further success in field tests after the integration of a grenade launcher in place of the machine gun, and its firing precision has been significantly improved with the inclusion of an “Electronic Sight and Ballistic Calculation Module,” specially designed by ASİSGUARD. National and international patent applications have been made for SONGAR’s unique stabilisation system.

ASİSGUARD develops systems, subsystems, hardware and software in for military land vehicle electronics; autonomous micro-, mini- and medium-class UAVs; electro-optics; border security; artificial intelligence; and big data.

asisguard.com

QUANTICO TACTICAL ANNOUNCES TLS CONTRACT AWARD

On March 9, 2020, Quantico Tactical announced the award of TLS (Tailored Logistics Support) contract SPE8EJ-19-D-0015. This is an indefinite delivery / indefinite quantity with a firm fixed price of $4,000,000,000 for use through March 6, 2021. This contract allows for special operation equipment to be purchased and delivered to our nation’s military and federal agencies.

Quantico Tactical is a leading supplier of special operations equipment to the U.S. government, DoD and federal law enforcement agencies. This contract expedites the purchase and fielding of necessary equipment for our warfighters. Quantico Tactical has partnered with over a thousand of manufacturers to fulfill this need.

“We have been consistently ranked as the best customer service and highest on-time deliveries of all contractors within the TLS contract. In fact, we are the only current DLA TLS contract awardee to hold DLA’s highest award for operational excellence,” said David Hensley, president of Quantico Tactical. “We will continue to provide the best products, with world class service to our warfighters and federal agents.”

As the nation’s combat logistics support agency, the Defense Logistics Agency (DLA) manages the global supply chain, from raw materials to end user to disposition, for the Army, Marine Corps, Navy, Air Force, Space Force, Coast Guard, 11 combatant commands, other federal agencies and partner and allied nations.

quanticotactical.com

Finally, on January 23, 2020, the most recent effort to reform the U.S. Munitions List was published in the Federal Register, with an effective date of March 9, 2020. On the day of publication, 21 states filed a lawsuit in U.S. federal court to delay or prohibit the new regulations from taking place over concerns that 3D-printed firearms would not be subject to sufficient export controls.

On Friday, March 6, 2020, a federal judge in Seattle, WA, agreed with the Trump Administration to allow most of the regulations to take effect on March 9, 2020. The court issued a very narrow injunction against the section of the regulation governing the export of technical data related to 3D-printed firearms.

Transfer of Jurisdiction

Prior to March 9, 2020, the U.S. State Department held jurisdiction over most small arms and ammunition, with the exception of shotguns and shotgun ammunition, which were governed by the U.S. Commerce Department. Under the new regulations, nearly all common sporting firearms, to include single-shot, bolt-action and semiautomatic firearms will transfer from State Department jurisdiction to Commerce Department jurisdiction.

At this juncture, it’s probably easier to state what remains in U.S. Munitions List Category I (under State Department jurisdiction):

(a) Firearms using caseless ammunition.

(b) Fully automatic firearms to .50 caliber (12.7mm) inclusive.

(c) Firearms specially designed to integrate fire control, automatic tracking or automatic firing (e.g., precision guided firearms). Note 1 to paragraph (c): Integration does not include only attaching to the firearm or rail.

(d) Fully automatic shotguns regardless of gauge.

(e) Silencers, mufflers and sound suppressors.

(f) [Reserved.]

(g) Barrels, receivers (frames), bolts, bolt carriers, slides or sears specially designed for the articles in paragraphs (a), (b) and (d) of this category.

(h) Parts, components, accessories and attachments, as follows:

(1) Drum and other magazines for firearms to .50 caliber (12.7mm) inclusive with a capacity greater than 50 rounds, regardless of jurisdiction of the firearm, and specially designed parts and components therefor;

(2) Parts and components specially designed for conversion of a semiautomatic firearm to a fully automatic firearm.

(3) Parts and components specially designed for defense articles described in paragraphs (c) and (e) of this category; or

(4) Accessories or attachments specially designed to automatically stabilize aim (other than gun rests) or for automatic targeting and specially designed parts and components therefor.

(i) Technical data (see §120.10 of this subchapter) and defense services (see §120.9 of this subchapter) directly related to the defense articles described in this category and classified technical data directly related to items controlled in ECCNs (Export Control Classification Numbers) 0A501, 0B501, 0D501 and 0E501 and defense services using the classified technical data. (See §125.4 of this subchapter for exemptions.)

New ECCNs

Most small arms that were once in USML Category I will be moved to 13 new Commerce ECCN categories in the 0X5zz range. In addition, four new “600” series ECCN classifications will be created. The 17 new ECCNs created are:

0A501 – Firearms and Related Commodities: This ECCN governs most firearms (non-automatic, non-semiautomatic and semiautomatic, up to and including .50 caliber), magazines (with a capacity greater than 16 rounds, but less than 50 rounds), receivers, barrels, cylinders and trunnions.

0A502 – Shotguns and Related Commodities: This ECCN governs all non-automatic shotguns, to include those with barrels shorter than 18 inches in length and shotguns with barrels exceeding 18 inches. It also includes controls on parts and components previously listed in ECCN 0A984, the ECCN that previously controlled shotguns and their parts.

0A503 – Discharge Type Arms: This ECCN governs less lethal projectiles and grenades. It is a direct replacement of ECCN 0A985. The new regulation makes clear that such projectiles are classified in that ECCN 0A503 and not classified under ECCN 0A602 or on the USML.

0A504 – Optical Sighting Devices: Previously regulated under ECCN 0A987, the new ECCN no longer differentiates between ITAR-controlled optics previously controlled under USML Category I(f). Export restrictions on most optics are eased or lifted, with limited controls in place for those “specially designed” for use in firearms that are “subject to the ITAR.”

0A505 – Ammunition: This new ECCN governs most ammunition for small arms (up to .50 caliber), blank ammunition, shotgun ammunition up to 10-gauge and the related parts and components. Caseless ammunition, tracer ammunition, ammunition utilizing depleted uranium and ammunition of any caliber preassembled into links or belts (and thus, presumably for use within an automatic weapon) remain controlled by the ITAR under USML Category III.

0A602 – Guns and Armament: This ECCN controls guns and armament (and their parts) manufactured between 1890 and 1919, as well as military flame throwers with an effective range less than 20m. Export restrictions on these commodities are eased, as they do not provide significant military advantage. Modern artillery remains subject to the ITAR under USML Category II. Black powder guns and armament manufactured in and prior to 1890 (and their replicas) have been designated as EAR99.

0B501 – Test, Inspection and Production Equipment for Firearms

0B505 – Test, Inspection and Production Equipment for Ammunition

0B602 – Test, Inspection and Production Equipment for Guns and Armament: These three 0Byyy ECCNs cover “test, inspection and production” equipment for the development or production of firearms, ammunition and (antique) guns. It also extends controls over jigs, fixtures and other metal working implements and accessories designed to be used in the manufacture of firearms, ammunition, ordnance or guns.

0D501 – Software for Firearms

0D505 – Software for Ammunition

0D602 – Software for Guns and Armaments: These three 0Eyyy ECCNs govern software specially designed for the development, operation or maintenance of their respective subject matter categories.

0E501 – Technology for Firearms

0E502 – Technology for Shotguns

0E504 – Technology for Sighting Devices

0E505 – Technology for Ammunition

0E602 – Technology for Guns and Armament: These five 0Eyyy ECCNs govern the export of technical data for their respective subject matter categories. Given the current state of litigation over 0E501 and the issuance of an injunction by the courts, it is possible that the language within 0E501 will change or be modified within coming months.

Removed ECCNs

The following nine ECCNs will be removed, as they have been incorporated into the newly created 0X5yy ECCN categories:

0A918 and 0E984 – Removes the controls over technology for the development, production and/or use of bayonets.

0A984 and 0E984 – Controls over shotguns have been modified and are now controlled under 0A502 or 0A505.

0A985 – Controls over electro-shock weapons have been modified and incorporated into ECCN 0A503.

0A986 and 0E986 – Controls over shotguns shells, equipment to load ammunition and related technology have been modified and incorporated into ECCNs 0A505, 0E502 and/or 0E505.

0A987 and 0E987 – Controls over firearm optics and related technology have been modified and incorporated into ECCN 0A504.

While the new regulatory scheme seems overly burdensome, the reality is that the new regulations should assist in making the export of U.S. arms and equipment easier. Admittedly, the new scheme will require new training throughout the industry to include Commerce Department licensing officers, U.S. Customs officials, foreign end users, manufacturers and exporters. As the barriers to arms export fall, one should anticipate a wave of new “international arms dealers,” who believe that they can effectively export arms with little or no industry experience and who believe that they can export with minimal regulatory interference. In reality, strong controls on the export of arms remain in place under the new regulatory scheme, with the same (or greater) penalties in place for conducting an improper export. As general advice, manufacturers and foreign end users should continue working with existing partners who are well-versed in the export of arms and equipment to avoid civil and criminal penalties for export violations. In return (and with the benefit of time), the industry should see increased export sales under the new regulatory scheme.

Mr. Wong is a Washington licensed attorney. He regularly provides legal counsel to the firearm and defense industry via his law firm, The Firearms Law Group. Mr. Wong also manages Hurricane Butterfly, an import/export company that assists firearm manufacturers, resellers and collectors from around the world wade through the regulatory quagmire of U.S. import/export regulations. The preceding article is not intended as legal advice and should not be taken as legal advice. If the reader has specific legal questions, seek competent legal counsel.

B.E. Meyers & Co., Inc., announced that the BOARS®-M2 optics and accessory rail system has been issued National Stock Number (NSN)1240-01-682-8650 by TACOM, U.S. Army, following successful evaluation and testing through the U.S. Army Soldier Enhancement Program (SEP). A total of 4,752 complete BOARS®-M2 units have been procured for initial fielding by PM Soldier Weapons, PEO Soldier. Designed to support a variety of mounted machine gun optics for the M2 and M3 family of weapon systems, the BOARS-M2 provides a modular, low-profile optics and accessory rail mount with true return-to-zero capability. The BOARS-M2 is ideal for those wishing to easily transition from a day optic to a night optic while retaining boresight for both systems and without interfering with the operation of the spade grips or the feed tray cover. The low-profile M2 mount for optics and accessories translates into a lower end-user defilade and increases operator survivability during use.

bemeyers.com

ELBIT SYSTEMS’ XACT WEAPON SIGHTS IN OPERATIONAL SERVICE WITH IDF

Elbit Systems announced that two configurations of the company’s XACT family of weapon sights have entered operational use with the Israeli Defense Forces (IDF). The company was recently selected to provide thousands of its XACT th65 and XACT th64 uncooled thermal imaging weapon sights to marksmen of both Infantry and Special Operation Forces of the IDF. Last year Elbit Systems announced it concluded delivery of 4,800 XACT th65 weapon sights to the Australian Army.

In a clip-on or stand-alone configuration, the compact XACT weapon sights enable effective operation in day and night. Featuring a high resolution colored OLED display, image processing capabilities and a Region of Interest algorithm, XACT weapon sights enable effective target engagement even under degraded visibility conditions. Embedding a unique calibration algorithm, XACT weapon sights eliminate the need for Non-Uniformity Calibration (NUC) or shutter-based calibration thereby enabling continuous and consistent operation. The XACT th64 provides vehicle target recognition from a 1,100m range and human target recognition from a 600m range, while the XACT th65 enables vehicle target recognition from 1,250m and human target recognition from 750m. Both weapon sights are housed in a sealed fully submersible metal housing.

elbitsystems.com

ELBIT SYSTEMS INTRODUCES VEHICLE-LAUNCHED MULTI-ROTOR MICRO-DRONE

Elbit Systems is launching MAGNI, a fully autonomous and robust multi-rotor vertical Take-Off and Landing (VTOL) Unmanned Aerial System (UAS) that is designed to significantly enhance the situational awareness capabilities of mobile forces. Compact and lightweight, MAGNI enables rapid deployment and launch (in less than 1 minute) from any combat vehicle transforming it to an effective intelligence gathering platform.

The MAGNI system includes a thermal payload, a communications suite (dual S-Band or LTE), an automatic coordinate tracking capability, as well as a built-in interface with Battle Management Systems (BMS). Carrying up to 350gr of payloads it offers a range of up to 3km, a maximum operational altitude of 4,000ft and 30 minutes of endurance. Operated by a single user, MAGNI enables vehicle-mounted forces to generate beyond-the-hill visual intelligence during day and night and seamlessly feed target information to command and control systems. Its unique size, weight and power (SWaP) parameters make MAGNI well-suited for squad, platoon and company levels.

elbitsystems.com

ELBIT SYSTEMS AWARDED $35M TO EQUIP MONTENEGRO’S 4X4 VEHICLES WITH RCWS

Elbit Systems also announced that following a contract signed between the Israeli Ministry of Defense and the Ministry of Defense of Montenegro, it was awarded approximately $35 million to supply the Montenegrin Armed Forces with Remote Controlled Weapon Stations (RCWS) for the new Oshkosh Defense (Oshkosh) 4×4 Joint Light Tactical Vehicles (JLTV). In this contract Elbit Systems will perform full integration of the RCWS onboard, the JLTV over a 3-year period and will provide logistic support for a 7-year period.

Elbit Systems 12.7mm RCWS is lightweight, low silhouette, dual axis and is stabilized, mounted externally onboard armored vehicles. The RCWS offers accurate firing on-the-move and is operated via handles and Smart Displays by the gunner from within the vehicle, providing full protection for the vehicles’ crew who are safely located inside.

elbitsystems.com

Wrong Product Exported from the United States

Exporting from the United States generally (but not always) requires an export license from the U.S. State Department or the U.S. Commerce Department. When errors are made on an export, the first questions to ask are what regulatory agency has jurisdiction and whether a violation occurred. In rare cases, a mistake may not be an export violation.

Example 1: Export of 12-gauge shotgun shells where an export license is not required. Typically shotgun shells require a Commerce Department license. In this case, the export of shotgun shells does not require an export license. Shipped the wrong product? If the error was the wrong type or load of 12-gauge shotgun shells, there may be no violation. The exporter would want to examine the documents filed with U.S. Customs to make sure that the documents were correct and accurate. Since there was no export license required, shipping the wrong product may not be a big deal.

Example 2: Export of 12-gauge shotgun shells where an export license is required. In this case, details matter. Since an export license was required, the first assessment should be to determine what was supposed to be shipped and what was actually shipped. Potential questions may include a determination of what was shipped, what was noted on the pack list and what was noted within the filing with U.S. Customs. Is the cargo still in transit? Can it be re-routed and returned? If the cargo is still in transit, it may be possible to intercept the shipment and have it returned.

If the cargo has already arrived at the destination, did foreign Customs get involved and intercept the cargo as a potential import violation? As one may imagine, every situation will be different based upon the facts and circumstances of the situation. One common theme to all Commerce export violations is self-report. Upon discovering that an export violation has occurred, one should work quickly to provide notice to the U.S. Commerce Department. One needs not know all of the details, but the sooner notice is provided, the better. In general terms, the Commerce Department is much more lenient if the exporter self-reports a known violation. Penalties are generally much greater if Commerce discovers and investigates the export violation.

Example 3: Export of the wrong ITAR-regulated item. In the small arms sphere, the International Trade in Arms Regulations (ITAR) currently regulates the export of centerfire firearms, centerfire ammunition, suppressors and NFA firearms. Similar to a Commerce license violation, every situation will be different based upon the facts and circumstances of the situation. Like a Commerce violation, the exporter should file a Voluntary Disclosure as soon as possible, with the known facts and circumstances. The disclosure need not state all of the facts; the initial filing may be amended and additional facts may be added upon later investigation and discovery.

Return of a Wrongly Shipped Item

Depending upon the situation, it may be possible to return the shipment without too much additional paperwork. The degree of paperwork and difficulty in returning the product will depend upon whether the shipment was intercepted prior to delivery, what was noted on the export filing with U.S. Customs and where the item was manufactured. In the easiest of cases, it may be possible to return the goods without an import permit under a “U.S. Goods returning” exemption.

Receipt of the Wrong Imported Item

U.S. importers could have a little harder time if the wrong product is imported into the U.S. Again, details matter. Importers generally file an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition and Implements of War, in order to import regulated firearm parts into the U.S. In the event that the Form 6 is not fully consumed, the foreign seller may be able to make a second shipment to correct the delivery of the wrong item. If the Form 6 is fully consumed by the shipment with the wrong item, the importer may need to re-apply for a new import permit, adding additional time and expense to the process.

Return of the wrong product may (or may not) require an export license from Commerce or State, depending upon the type of product imported. As noted above, shotguns and shotgun parts do not always need an export permit from the Commerce Department. Parts for centerfire firearms (at the time of drafting this article) require a U.S. State Department export license. Export licenses generally take a minimum of 30 days to be reviewed by the U.S. State Department, making timely return of the wrong parts to the seller difficult.

The Form 6A has a notation that can be made in the importer certification section, and any discrepancies, if noted before filing the Form 6A, should be noted there as well.

Export reform for the export of USML categories I, II and III is ongoing and should take effect prior to the end of 2019. When the new regulations take place, it is expected that the U.S. Commerce Department will assume export jurisdiction of most civilian (non-NFA) firearms. It is entirely possible that the export of firearms and firearm parts will get much easier in the future, depending upon how export reform is implemented. Until then, try to keep the errors and mistakes to a minimum.

Jason Wong is a Washington-based lawyer who focuses on regulatory matters involving import and export of small arms. The preceding article is for informational and educational purposes only. It is not intended to be, and shall not be, relied upon as legal advice. Import and export issues can be complex, and the consultation with qualified professional advisers is strongly recommended.

Switzerland, as a neutral country is not part of the European Union. The Swiss “Feldschiessen,” or “Field Shoot,” is the world’s largest shooting competition, with as many as 128,000 people participating. According to some reports, an estimated 48% of households own a firearm, resulting in an estimated 2.3 million firearms owners in the country with a population of 8.5 million. Many of the owners are collectors, with multiple firearms. Swiss Army soldiers have historically been allowed to take their service rifles home, even if fully automatic. Fully automatic firearms were legal to own by civilians until the new laws were put into effect.

How did this happen? In 2008, Switzerland signed onto the Schengen Agreement, which was originally meant to increase trade and free movement of people throughout the EU. When passing from Germany into Switzerland, there are no border controls, and no passport examination is required. In terms of free trade, trucks laden with goods travel freely between the EU and Switzerland. Most European countries have signed onto the Schengen Agreement, with the exception of the United Kingdom and Ireland. Poland, Norway and Iceland have signed on to the agreement, even though they, like Switzerland, are not part of the EU.

In a move to force Switzerland to change its gun laws, the EU threatened to remove free passage between the EU and Switzerland, eliminate free trade, eliminate law enforcement cooperation and eliminate shared intelligence resources involving terror threats. In response, the Swiss parliament acquiesced and passed the new EU-based laws. Immediately after passing the laws, gun owners sought a referendum to take the issue directly to the voters. 50,000 verified signatures were needed within 100 days; more than 125,000 signatures were gathered. On May 19, the referendum passed with more than 60% in support of the new laws.

Now what? The basics do not change. Swiss citizens and permanent residents over the age of 18 can purchase a gun in Switzerland, but they must first apply for a permit and present a copy of their legal (Or criminal) record. These types of basic firearms possession licenses are “shall” issue—that is, there is no prohibition, as long as the applicant has no criminal record. After that, the situation gets complicated.

Most private sales between individuals were unreported and unregulated. The new laws seek to change that. If a pistol were possessed prior to August 15, 2019, no permit is needed to possess, and standard capacity magazines up to and exceeding 20 rounds may be purchased and used. Pistols purchased after August 15, 2019, require a “small exceptional” permit to possess and are neutered to a maximum of 20-round magazine capacity.

In terms of rifle possession, the August 15 possession date is again important. Recall that most private sales were not regulated or registered. Rifles possessed prior to August 15, 2019, may utilize a standard capacity magazine exceeding 10 rounds, but they must be registered. Rifles that accept a detachable magazine purchased after August 15, 2019, require an exceptional permit. In addition, all semiautomatic rifles and rifles with an overall length less than 60cm require an exception permit. Standard capacity magazines exceeding 10 rounds will still be allowed but must be locked and secured in a separate location. It is now illegal to insert a standard capacity magazine into an “unregistered” rifle. It is difficult to know exactly how many firearms are currently in circulation, since guns are registered regionally, and there is no national registry. The new laws will change that by making most firearms subject to registration and licensing.

Exceptional licenses are exactly that—exceptional. They are issued at the regional level and are “may” issue. Standards for issuance vary by locale. As one might imagine, rural Cantons are typically more lenient, while urban Cantons (like Zurich) have more stringent requirements. In general terms, an exceptional permit will be granted if the applicant is a good citizen, has no criminal record, has no known drug abuse, has no history of mental illness and is at least 18 years old. Some jurisdictions require an applicant to be a “collector,” but there are no statutory definitions of what constitutes a “collector.” In some regions, a licensing officer may require possession of five firearms, while other licensing officers may require 10 or more firearms to meet the local standard. Once an application is submitted for an exceptional permit, it may be denied for no reason—a denial could be as basic as the issuing officer having a bad day or not approving of the applicant’s personal appearance.

Possession of a service weapon has been a basic right of the Swiss military for hundreds of years. As a nod to Swiss custom and history, service members will continue to possess service weapons outside of training, as long as they are in national service. Once out of military service, the former soldier would need to apply for an exceptional permit to allow continued possession of the service weapon.

Shooting clubs are a popular pastime in Switzerland, with dozens located throughout the country. Under the new law, membership within a shooting club becomes required in 2024, as in most of Europe. At this time, there are no standards or requirements on what constitutes a “shooting club.” It is likely that shooting clubs will become more defined within the law over time, as the new law requires a re-evaluation of the applicable laws every five years, with the next evaluation occurring in 2024.

Finally, the new EU-based laws require extensive marking requirements. Under the old law, the receiver, barrel and bolt needed to be engraved with a serial number. Under the new law, AR-15 lower receivers become regulated parts, and all “relevant parts” must be marked with a serial number, name of the manufacturer and country of origin. Unfortunately, what constitutes a “relevant part” has not been defined. Under the new law, it is possible that an upper receiver, lower receiver, trigger housing, barrel, bolt, bolt carrier, trigger and trigger assembly could require serialization and marking.

There is currently a global fight against the right of self-defense and firearm possession. Switzerland, long a stalwart of firearm rights, has been neutered, with the prospect of unlimited restrictions being implemented every 5 years at the whim of the European Union. Domestic U.S.-based readers may wonder why Swiss gun laws matter, or why one should care about the laws of a foreign country. The answer is simple: if it can happen in Switzerland—a country with massive firearms ownership and pro-gun culture—it can happen anywhere including the United States. Individual U.S. states are taking positive actions against domestic possession of firearms. One need only look to the new laws passed in Washington State, the increased gun-grabbing frenzy in California and the continued rhetoric of the 2020 Democratic Presidential candidates to see the looming domestic threat.

Foreign-based readers (particularly those in New Zealand or the United Kingdom) may already recognize the path that Switzerland has undertaken. The global fight against the right of self-defense and firearm possession continues unabated. All readers, regardless of citizenship or nationality, must be vigilant and take action now, before all is lost.

By Jason M. Wong

Draft regulations have been published regarding the transfer of USML categories I, II and III from the U.S. State Department to the U.S. Commerce Department. Once the new regulations become effective, the change will represent the single largest change to small arms export policy in decades. Thankfully, the changes to the export of small arms will not be without precedent—the changes to USML categories I, II and III represent the last categories to undergo export reform. Thousands of commodities have already been transferred from State Department jurisdiction to Commerce jurisdiction, and the process for export licensing has mostly been worked out.

The 600 Series

Nearly all items formerly under State Department jurisdiction have been classified under a scheme designated the “600 series.” The series isn’t new but rather are an addition to existing Export Control Classification Numbers, or ECCNs. Military aircraft propulsion systems formerly controlled by the ITAR under USML category VIII are now classified by Commerce as ECCN 9A610 or 9E610. The “600 series” classification comes from the middle number of the ECCN. The 600-series is not a “new” ECCN category but rather new additions to existing ECCN categories, with the “6” designator to show that the commodity was formerly ITAR classified. As with the rest of the ECCN, the alpha classification (A through E) designate what type of commodity is being exported. Items can be easily classified by looking at the ECCN: (A) designators are for physical items, (B) designators are for test inspection and production equipment, (C) designators are for raw materials, (D) designators are for software, and (E) designators are for technology.

As a general rule, Commerce treats 600 Series commodities in nearly the same manner as the ITAR. Exporters of USML items must obtain an export license before exporting any item on the USML, barring use of any available exemption. Export of 600-series items will almost always require an export license. As a general matter, the 600 Series ECCNs are subject to the following export controls: National Security Column 1 (NS1), Regional Stability Column 1 (RS1), Anti-Terrorism Column 11 (AT1) and United Nations embargo (UN). In addition, all exports of 600 Series items must be reported via the ACE export system, regardless of value or destination. 600 Series items are also subject to U.S. arms embargoes; they cannot be exported to countries subject to a U.S. arms embargo.

Exemptions—Know the Rules of the Game

The stated goal of export reform was intended to make exports of U.S.-made goods easier and simpler. While nearly all 600-series items will require an export license, there are a number of exemptions that may apply to 600-series commodities.

Recall that under the proposed reform of USML Category I, the U.S. State Department is retaining jurisdiction over most NFA classified weapons—machine guns, suppressors and destructive devices. Items shifted to the 600 Series have been deemed to be less militarily significant. As a result, Commerce has indicated that license exceptions for the export of 600 Series items should be more available than comparable ITAR exemptions. One potential exemption currently available for the export of 600-series commodities includes the Strategic Trade Authorization (STA) exemption, allowing the export of 600-series items to government end users within 36 countries in the A-5 Country Group listing without an export license. As with any exemption, the details matter, and exporters should carefully review the requirements of any license exception relied upon for export. Also recall that the final version of the regulations concerning small arms has not been released; there may be additional restrictions on the use of the STA exemption as applied to small arms and ammunition.

Facing Forward

The next few years are likely to be challenging for manufacturers, exporters and foreign end users. Manufacturers will potentially no longer need to register under the ITAR if they are not manufacturing ITAR regulated items. The export of small arms and ammunition may become easier, with less governmental oversight for some transactions. Exporters will likely face lower registration fees, as fewer export transactions will require a DSP-5 export license. It is likely that there will be many new faces in the arms export field within the next few years, as barriers to entry (via ITAR registration) are eliminated. There are no financial costs associated with Commerce license applications, and exporters who formerly only handled Commerce regulated items (or were unwilling to register under the ITAR) are likely to claim expertise in small arms exports. There are likely to be many new entrants to the field of arms exports, as there are no longer registration costs associated with conducting an export. U.S. Customs will likely face increased numbers of export violations and seizures as exporters work their way through the new regulatory requirements. Foreign end users should be cautious, as those without practical experience in arms exports (whether they have experience as an exporter or are new to the field) may not be the best choice for delivering product internationally. The end result should be increased arms exports from the United States, in an easier and less restrictive environment—as long as the regulations are followed. The new regulations should be published for final rule making in mid-2019, with the rules being implemented before the end of the year.

Jason Wong is a licensed attorney that manages Hurricane Butterfly, a U.S.-based company that specializes in the import and export of small arms. He may be reached via email: Jason at HurricaneButterfly.net. The foregoing is not intended as legal advice, and readers should not rely upon the foregoing without additional research. If readers have specific questions, they should seek competent legal counsel.

Gun control pundits have long extolled the virtues of an Australian or European gun control scheme, pointing to the low incidences of gun violence in Australia and Europe. Listening to politicians and media worldwide, the high rates of firearm ownership were apparently the root cause of mass shootings throughout the United States, to include recent events in Aurora, Colorado and San Bernardino, Colorado. With recent mass shootings in Paris and Brussels, a series of high profile attacks against women, Europeans are re-evaluating their positions on gun control. As usual, the politicians seem disconnected from reality and the will of the populace.

Market Forces

Austria, one of the most heavily armed countries within the European Union, reports an estimated 900,000 firearms held by a population of 8.5 million. Despite already being one of the most heavily armed countries within Europe, sales of firearms in Austria have exceeded prior year to date sales. “Nearly all shotguns are sold out because you don’t need to have a firearms permit to buy them,” Thomas Ortner, spokesman for gun retailers in the state of Upper Austria. “Registration courses for pistols are usually held only every five weeks but are now held weekly.” According to Austrian law, anyone 18 and over can buy and own a shotgun or certain types of rifles, but they must be registered at a licensed dealer on gunsmith within six weeks of purchase. The report also noted that many of the new gun buyers are women. The report stated that the most common reasons given for buying a gun were fear of refugees and fear of burglars.

A January 2016 article from Reuters pointed out that the best-selling products on the “Sport & Leisure” section of Amazon.de (the German Amazon.com) revealed brisk sales of defensive sprays. The Reuters article also noted that the president of German defensive spray manufacturer DEF-TEC indicated that sales of the products “rose seven-fold in the final three months of [2015].”

Following a well-publicized scene of violence in Cologne on December 31, 2015, reportedly more than 300 people have applied to Cologne police for licenses to carry gas pistols and imitation firearms; only 408 such licenses were granted in all of 2015. Actual firearms are also in great demand – German state news agency Deutsche Welle noted a similar trend. According to Deutsche Welle, “most customers want a pistol that can fit easily into a handbag or a small drawer in the night table.” Moreover, the news outlet reported that “there has been an increase of at least 1,000 percent or more in Google search queries for gun permits since January.”

Faced with increased threats of random violence, European citizens are seeking to arm and protect themselves by whatever means necessary. As Europeans are learning, a gas pistol may not be ideal when confronted by an unruly mob or an armed gunman, but it’s better than nothing. Sadly, Europe’s politicians are seeking to disarm the continent’s citizens, rather than allow for increased self-reliance and personal protection.

Political Forces

As gun sales increase throughout Europe, the European Union Parliament is seeking to impose additional restrictions on the purchase and possession of firearms. A proposed directive jointly issued in December 2015 by Internal Market and Industry Commissioner Elzbieta Bienkowska (Poland) and Migration, Home Affairs and Citizenship Commissioner Dimitris Avramopoulos (Greece) that would restrict all “Semi-automatic firearms for civilian use which resemble weapons with automatic mechanisms.” This restriction is an attempt to ban firearms based upon form, rather than function. In addition, the restriction would apply to all firearms, including pistols, blank guns, and flare guns. This proposed restriction would be a constructive ban on nearly all semiautomatic rifles within the continent, regardless of caliber, model, historical significance, or value. Most importantly, the proposed regulation would seek “…to ban certain semi-automatic firearms, which will not, under any circumstance, be allowed to be held by private persons, even if they have been permanently deactivated.”

In addition to restricting “military-type” firearms, the European Parliament proposes that all firearm owners be subject to mandatory medical testing in order to own and possess firearms. The regulation reads: “Member States shall provide for standard medical tests for issuing or renewing authorizations as referred to in paragraph 1 and shall withdraw authorizations if any of the conditions on the basis of which it was granted is no longer met.” In effect, the European Parliament seeks to treat law-abiding shooters as mentally ill unless proven otherwise, by forcing mandatory medical tests to assess the “physical, mental and cognitive aptitude” of gun license holders.

If mandatory medical testing was not enough, additional restrictions on possession, ownership and sales are proposed. Under the proposed regulation, “good cause” must be shown to possess a firearm. The UK ‘Section 2’ system of licensing an unlimited number of shotguns would be outlawed. Instead, a good reason must be presented for each and every firearm purchased and possessed. Private sales via the internet would be prohibited by anyone other than a licensed dealer or broker.

Although each European country has laws in place dictating the deactivation of live firearms, the proposed regulation would harmonize the requirements with the UK standard. Under the proposed regulation, “deactivation” would require completely destroying and/or removing internal parts, replacing bolt carriers with dummy parts, and welding the action so that deactivated firearms cannot function.

Finally, the potentially most troubling proposal allows the creation of an EU-wide gun registry – similar to the type of registry pursued (and recently abandoned) by Canada. Such a database would have huge implication to personal privacy and individual liberty.

A press release detailing the proposed restrictions may be found online at http://europa.eu/rapid/press-release_IP-15-6110_en.htm

As of press time, the proposed regulation was facing strong opposition from the European public and from a majority of Members within the European Parliament. Nevertheless, in March 2016, an amendment was proposed that would regulate magazines with a capacity of 10-rounds or more. In justifying the proposal, British Labour MEP Claude Moraes was quoted as saying that “large magazines make firearms more dangerous and should be subject to license.” As American readers know, this effort was tried in the United States from 1994 – 2004, with little to no effect on crime rates.

As most within the shooting community know, terrorists are not law abiding and compliance with these proposed laws and restrictions seems doubtful. These latest restrictions are tired, played-out arguments that gun control pundits have been arguing in support of for years. Sadly, with the increase in violence within Europe, and the lack of a personal right to possess and bear arms, the political will may be great enough to pass sweeping restrictions against firearm possession.

Following the February 7, 2016 missile launch by North Korea, additional sanctions have been imposed by the US Government. The new sanctions impose a complete ban on all exports of goods and services to North Korea. The new sanctions read in part:

Sec. 3. (a) The following are prohibited:

(i) the exportation or re-exportation, direct or indirect, from the United States, or by a United States person, wherever located, of any goods, services, or technology to North Korea;

The new sanctions don’t add significantly to the restrictions that were already in place. Under the prior restrictions, the U.S. Commerce Department would allow food and medicine exports to North Korea, and exports of all other items (other than luxury items) on a case-by-case basis. And, although the new sanctions state a complete ban on all exports to North Korea, the Office of Foreign Assets Control (OFAC) issued nine new general licenses which authorize mail and telecommunications services to North Korea. In addition, the usual exceptions on exports of emergency medical services, legal services, intellectual property services, and personal financial remittances remain. So much for a complete ban on the export of goods and services to North Korea.

Gun Laundering Takes a New Turn

Richmond Attah, of Charlotte, North Carolina, was indicted on February 18, 2016 for attempting to export 27 handguns and 3500 rounds of ammunition without a required export license. The illicit cargo was hidden in a washing machine, a clothes dryer and a barrel. Destined to Ghana, the firearms and ammunition were discovered by U.S. Customs officials in Savannah, Georgia.

A criminal conviction requires proof that the defendant knew that he or she was violating the law in connection with the unlicensed export. Given that the 27 handguns were put into a washer and dryer bound for Ghana may make it difficult to argue that the defendant was ignorant of the law.

Travelling to Cuba?

Planning a trip to Cuba? Recent announcements from the US Government make it appear that travel to and from Cuba is now unrestricted, but this guidance is not accurate. The Office of Foreign Assets Control (OFAC) has expanded general licenses for U.S. citizens to visit the Caribbean country without a sponsoring organization. Travel to Cuba is allowed under a “people-to-people” general license, as long as the travel includes a “full-time schedule of educational exchange activities that will result in meaningful interaction between the traveler and individuals in Cuba.” Drinking mojitos and lounging on the beach do not qualify as an ‘education exchange activity.” More importantly, under the rules for the people-to-people license, the individual traveler will need to “retain records sufficient to demonstrate” a “full-time schedule of activities” that result in a meaningful interaction with Cubans. Failure to retain adequate records could result in potential civil fines and although unlikely, potential criminal charges.