Guidance Documents

Guidance Documents

Executive Order 13891 requires agencies to put their guidance documents on easily searchable websites so individuals are able to access them, and Department of Justice policy prohibits using guidance as a substitute for regulation.? Guidance may not be used to impose new requirements on persons outside the Executive Branch except as expressly authorized by law or expressly incorporated into a contract, grant, or cooperative agreement. See JM 1-19.000.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Component Document Issued Posted ID Topic Overview Notice
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) June 23, 1976 February 28, 2020 DOJ-1312691 Explosives This ruling prescribes alternate bullet resistance construction standards for explosives storage facilities.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) May 1, 1976 February 28, 2020 DOJ-1312681 Firearms This ruling advises that a hand-held device designed to expel by means of an explosive two electrical contacts (barbs) connected by two wires attached to a high voltage source in the device is classified as a firearm.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) March 1, 1976 February 28, 2020 DOJ-1312686 Firearms This ruling explains certain reporting and recordkeeping requirements of pawnbrokers.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) February 12, 1976 February 28, 2020 DOJ-1312011 Explosives This circular requests all FFLs to report thefts or lossess of explsives from their magazines or premises promptly. For purposes of security notify the nearest ATF office and local authorities.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) February 1, 1976 February 28, 2020 DOJ-1312696 Firearms This ruling advises that mere possession of a license and a special tax stamp as a dealer in firearms does not qualify a person to receive firearms transfer-tax-free. Rev. Rul. 58-432 is superseded.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) January 1, 1976 February 28, 2020 DOJ-1312701 Firearms This ruling advises that a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.?

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) January 1, 1976 February 28, 2020 DOJ-1312706 Firearms This ruling clarifies the recordkeeping requirements for Title I firearms from which parts are salvaged for use in repairing firearms.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement.? Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through this guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts.? To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action.? Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.?

Furthermore, guidance documents might not represent the Department’s authoritative or official position, and, in those situations, are not entitled to receive judicial deference.? A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole.? See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

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