Success Stories

Mark Barnes & Associates attorneys help their clients overcome complex legal and regulatory compliance challenges so they can continue manufacturing, buying and selling, and importing and exporting firearms products. The firm has an excellent track record in representing its clients. Following are examples of previous successes:

Arm Brace: On behalf of its client, SB Tactical (the inventor of the pistol stabilizing arm brace), the Firm prompted ATF to take another look at the issue of whether arm brace affixed pistols may be fired from the shoulder. This resulted in the ATF issuing a clarification saying, “incidental, sporadic, or situational ‘use’ of an arm-brace (in its original approved configuration) equipped firearm from a firing position at or near the shoulder,” would not constitute the making of an NFA regulated weapon. The story was featured in the NRA’s Institute for Legislative Action news.

ATF Inspections:When the Bureau of Alcohol, Tobacco, Firearms and Explosives inspected a client's business, finding violations of laws and regulations, the firm negotiated settlements without disciplinary action and without fines. The firm then worked with the client to put in place compliance programs that kept the client in business. Had the firm not intervened with ATF, the client could have lost the business.

ITAR Violations:The firm provided liaison with ATF and the State Department when the agencies sanctioned clients for violating the International Traffic in Arms Regulations for imports and exports, securing a fair resolution that allowed business to continue.

State Legal Issues: The firm advised manufacturers and retailers conducting business across the country on state laws and regulations regarding gun purchases and sales to ensure the clients were in compliance for all states in which they were operating.

Gun Sales Issues:When a retailer inadvertently transferred firearms in a state in which that firearm type was banned, the firm facilitated a recall for the client, including settlements with the customers who had purchased the merchandise, so there was no further problem.

Employee Management Issues: The firm helped employers resolve sensitive situations involving employees who had become "prohibited possessors."

Compliance Management: The firm handled the internal compliance portfolio for a client during a reorganization period, providing counsel, and then used the institutional knowledge it gained to train the company’s incoming compliance team.

Agency Rulings:The firm worked with ATF and the State Department on the issuance of a number of key rulings that were fair and favorably received by the industry.

International Import-Export Disputes: The firm helped a foreign sovereign country on an export coming from the United States when a complex international procurement assisted by an agent morphed into a major contracts dispute. After the country's agent acted in bad faith, stealing the goods from the ship's containers and removing them from the port of export, the matter went through litigation, and the firm managed to resolve the matter. The firm's attorneys were committed to the client every step of the way; even though the dispute took many years to settle, the firm was determined to protect the client's interests.