Laws - ATF
Firearm laws can vary from state to state, from city to city and from county to county. It is impossible to list them all here, but we can provide this information:
First, know that the Senior Citizen Defender is a laser aiming device. It is not a vertical grip, an angled grip or a barrel shroud. Rather, it is a way for a senior citizen, a disabled person or someone with no experience with guns to AIM a laser.
This is clearly explained in the reports by former ATF officers that are quoted at the end of this page, but also in the report by Retired Army Weapons Specialist Lloyd Lightfoot, which appears below:
Second, it is important to note that the Senior Citizen Defender is a home defense accessory. It has nothing to do with carrying a firearm in public. It is meant to stay in the home.
Carry guns are usually 5" - 7" long so they can fit in your pocket or a holster. By contrast, the SC Defender is almost a foot long and is not made to be taken out of the house. Nor do we make a holster for it, because it is for HOME DEFENSE.
And here is another important point: You have a legal right to defend yourself in your own home. In his letter below, Attorney Dominic Varrecchio explains this:
Carry guns are usually 5" - 7" long so they can fit in your pocket or a holster. By contrast, the SC Defender is almost a foot long and is not made to be taken out of the house. Nor do we make a holster for it, because it is for HOME DEFENSE.
And here is another important point: You have a legal right to defend yourself in your own home. In his letter below, Attorney Dominic Varrecchio explains this:
ATF - AOW Analysis
And lastly, in light of the different positions the ATF has taken regarding pistol attachments, it was considered prudent to seek a review of the Senior Citizen Defender by firearm and ATF experts.
Three independent firearm professionals conducted that review and all three concluded that the device is in compliance with the law. Moreover, two of these professionals are retired ATF personnel.
The first review was conducted by an accredited firearm instructor who knows something about the disabled as he holds a Masters Degree in Rehabilitation Counseling. His report states:
"I have a Masters Degree in Rehabilitation Counseling and am licensed by the State of Louisiana as Rehabilitation Counselor. In that capacity I have experience evaluating people with various disabilities, including arthritis, muscle control, etc.
I am also an NRA Certified Pistol Instructor and in that capacity I have met many senior citizens who have difficulty handling a defensive firearm due to physical weakness, finger dexterity problems or other disabilities.
After examining and using the Senior Citizen Defender my conclusion is that this item would be a tremendous aid for senior citizens and others with disabilities. This is because the fingers of the non-firing hand are right next to the laser. This makes it easy to reach and use the controls such as: On-Off, Flashing or Steady, Light Only, Laser Only, etc.
For example, during a home invasion a senior might not want the pistol flashlight steadily ON. He might want it on for only a second to see who is there, and then turn it OFF while he turns the laser on. It is much easier to do this when your fingers are right next to the controls.
In sum, this product would be a tremendous aid for the elderly who wish to defend themselves during a home invasion, nor do I see any compliance issues with it. It is not a vertical foregrip or even an angled foregrip. It is merely a better way for a senior citizen or a disabled person to control and use a laser, or a laser-light combo."
This report, by Mr. Sam Dennis Slavich, MHS, CRC, LRC, is on file.
The second report is by Mr. Rick Vasquez, who held the following titles at the ATF: Senior Technical Expert, Assistant Chief of the Firearms Technology Branch, and Acting Chief of the Firearms Technology Branch. His report states:
"It is my opinion, based on my experience as the Assistant Branch Chief and Acting Branch Chief of the ATF Firearms Technology Branch, that this device is not a vertical foregrip and will not create an AOW when installed on a handgun, nor do I see the need for it to be submitted to the Bureau of ATFE for evaluation. Rather, what the Senior Citizen Defender does is provide an easier way for seniors and those with disabilities to attach and use a laser or flashlight, which is authorized and does not change the classification of a handgun."
Mr. Vasquez's conclusion that the Senior Citizen Defender does NOT have to be submitted to the ATF is particularly important because ATF opinion letters (which sometimes contradict each other, as with 3 different opinion letters on "stabilizing braces") are now taking a year, and sometimes longer, to be issued.
Seniors should not be defenseless during "waiting periods", especially since Attorney Dominick Varrecchio notes that nothing in the National Firearms Act prohibits the non-shooting hand from controlling a laser aiming device on a home defense pistol.
In other words, seniors and the disabled have a Constitutional Right to defend themselves that cannot be abrogated by regulatory action.
And last, we have the report by Mr. Anthony L. May, CIPBI, who states:
"I have over forty years of experience with firearms, and twenty years of experience with the ATF. Although my job with the ATF did not directly involve firearms classification, nevertheless I have a working knowledge of the classification system, including the rules on what is an NFA weapon and the term 'any other weapon' as defined in 28 U.S.C. Section 5845(e). I currently manage eighteen Federal Firearm Licenses for a major defense contractor to ensure they are in compliance with all laws and regulations implemented by the ATF.
After studying the design of the 'Senior Citizen Defender' attachment and its purpose, and after reading the report of the former Acting Branch Chief of the ATF Firearms Technology Branch, Mr. Rick Vasquez, I agree with his conclusion. I also concur that this attachment does not need approval from ATF."
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Of course, all three of these reports make perfect sense, as the gun is still being fired by the SHOOTING HAND. The non-shooting hand is only controlling the laser.
IMPORTANTLY, the final portion of Mr. May's report also states:
"In conclusion, as a security professional it is important to understand the security in depth concept.
Layered security measures are important such as locks, perimeter fencing, CCTV cameras and alarm systems. However, when those layers of defense fail to prevent an intrusion, a citizen has the right of personal protection, especially in their home.
This design makes it easier for the elderly and disabled to defend themselves, a group that is too often targeted by violent criminals, by safely and effectively handling and manipulating the features of a personal firearm."
And lastly, in light of the different positions the ATF has taken regarding pistol attachments, it was considered prudent to seek a review of the Senior Citizen Defender by firearm and ATF experts.
Three independent firearm professionals conducted that review and all three concluded that the device is in compliance with the law. Moreover, two of these professionals are retired ATF personnel.
The first review was conducted by an accredited firearm instructor who knows something about the disabled as he holds a Masters Degree in Rehabilitation Counseling. His report states:
"I have a Masters Degree in Rehabilitation Counseling and am licensed by the State of Louisiana as Rehabilitation Counselor. In that capacity I have experience evaluating people with various disabilities, including arthritis, muscle control, etc.
I am also an NRA Certified Pistol Instructor and in that capacity I have met many senior citizens who have difficulty handling a defensive firearm due to physical weakness, finger dexterity problems or other disabilities.
After examining and using the Senior Citizen Defender my conclusion is that this item would be a tremendous aid for senior citizens and others with disabilities. This is because the fingers of the non-firing hand are right next to the laser. This makes it easy to reach and use the controls such as: On-Off, Flashing or Steady, Light Only, Laser Only, etc.
For example, during a home invasion a senior might not want the pistol flashlight steadily ON. He might want it on for only a second to see who is there, and then turn it OFF while he turns the laser on. It is much easier to do this when your fingers are right next to the controls.
In sum, this product would be a tremendous aid for the elderly who wish to defend themselves during a home invasion, nor do I see any compliance issues with it. It is not a vertical foregrip or even an angled foregrip. It is merely a better way for a senior citizen or a disabled person to control and use a laser, or a laser-light combo."
This report, by Mr. Sam Dennis Slavich, MHS, CRC, LRC, is on file.
The second report is by Mr. Rick Vasquez, who held the following titles at the ATF: Senior Technical Expert, Assistant Chief of the Firearms Technology Branch, and Acting Chief of the Firearms Technology Branch. His report states:
"It is my opinion, based on my experience as the Assistant Branch Chief and Acting Branch Chief of the ATF Firearms Technology Branch, that this device is not a vertical foregrip and will not create an AOW when installed on a handgun, nor do I see the need for it to be submitted to the Bureau of ATFE for evaluation. Rather, what the Senior Citizen Defender does is provide an easier way for seniors and those with disabilities to attach and use a laser or flashlight, which is authorized and does not change the classification of a handgun."
Mr. Vasquez's conclusion that the Senior Citizen Defender does NOT have to be submitted to the ATF is particularly important because ATF opinion letters (which sometimes contradict each other, as with 3 different opinion letters on "stabilizing braces") are now taking a year, and sometimes longer, to be issued.
Seniors should not be defenseless during "waiting periods", especially since Attorney Dominick Varrecchio notes that nothing in the National Firearms Act prohibits the non-shooting hand from controlling a laser aiming device on a home defense pistol.
In other words, seniors and the disabled have a Constitutional Right to defend themselves that cannot be abrogated by regulatory action.
And last, we have the report by Mr. Anthony L. May, CIPBI, who states:
"I have over forty years of experience with firearms, and twenty years of experience with the ATF. Although my job with the ATF did not directly involve firearms classification, nevertheless I have a working knowledge of the classification system, including the rules on what is an NFA weapon and the term 'any other weapon' as defined in 28 U.S.C. Section 5845(e). I currently manage eighteen Federal Firearm Licenses for a major defense contractor to ensure they are in compliance with all laws and regulations implemented by the ATF.
After studying the design of the 'Senior Citizen Defender' attachment and its purpose, and after reading the report of the former Acting Branch Chief of the ATF Firearms Technology Branch, Mr. Rick Vasquez, I agree with his conclusion. I also concur that this attachment does not need approval from ATF."
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Of course, all three of these reports make perfect sense, as the gun is still being fired by the SHOOTING HAND. The non-shooting hand is only controlling the laser.
IMPORTANTLY, the final portion of Mr. May's report also states:
"In conclusion, as a security professional it is important to understand the security in depth concept.
Layered security measures are important such as locks, perimeter fencing, CCTV cameras and alarm systems. However, when those layers of defense fail to prevent an intrusion, a citizen has the right of personal protection, especially in their home.
This design makes it easier for the elderly and disabled to defend themselves, a group that is too often targeted by violent criminals, by safely and effectively handling and manipulating the features of a personal firearm."