[Note: X Products have changed the design of their Can Cannon so it no longer must comply with the National Firearms Act. For more details see our blog from April 2016.  The following information provides background information when ATF declared the previous design of the Can Cannon an SBR].

Yesterday we learned of another example of how ATF policies can cause surprise and confusion as well as concern about the future.

X Products LLC market a product called the Can Cannon, which launches soda cans using a device attached to an AR-15 lower receiver.  It uses blank 5.56 NATO cartridges for the necessary propulsion.  As a novelty item, it enjoyed considerable publicity as an alternative to a firearm and conventional ammunition.

That changed today when the company announced that ATF had classified the Can Cannon as a firearm regulated under the National Firearms Act (“NFA”).   The announcement from X Products LLC follows:

Dear Customers,

We recently received a complete evaluation from the [ATF] on the legal status of the Can Cannon dated: August 26th, Received September 11, 2015. The evaluation of the Can Cannon as currently produced is in and of itself not a firearm and not controlled, however when placed on a rifle receiver is considered a (SBR) short barrel rifle, and when placed on a pistol (AOW) any other weapon.

We are submitting a revised design to address the issues in the [ATF]’s determination letter. We will update our customers throughout this process.

For any questions or inquiries about this matter, please email warranty@xproducts.com

A copy of the determination letter will be available on our site shortly.

Best Regards,

X Products LLC

Besides the impact on the bottom line of X Products LLC, this decision creates an immediate legal risk for customers who already possess a Can Cannon.  Those devices are now NFA controlled firearms and require registration with ATF and payment of a tax ($200 in the case of an SBR or $5 for an AOW).  It’s likely some of those customers will not learn about this ATF decision, and they will make no attempt to complete the registration process potentially exposing themselves to felony prosecution for the unregistered possession of an NFA firearm. 

For those who intend to comply with NFA regulations, they face red tape and possible difficulty or impossibility of obtaining the signature of their Chief Law Enforcement Officer (CLEO), such as their sheriff.   They must also ensure no one else has possible access to their Can Cannon outside of their presence and control.   Inheritance also becomes a problem particularly because such an item could be mishandled if the owner dies or becomes incapacitated. 

The Arsenal Gun Trust™ addresses these very concerns by making NFA registration simpler and safer.   The Arsenal Gun Trust™ avoids the burdensome NFA requirements of fingerprints, photographs, and CLEO signature.  Our Trust design also allows possession by other people, and in most states our solution can provide an estate plan for your Can Cannon and the rest of your gun collection.

In conclusion, its important to monitor changes in ATF regulations and firearms laws that could affect your existing gun collection.  In fact, during gun control debate in the US Congress in early 2013, some called for the NFA rules to be extended to all firearms.   For help with a Can Cannon, other NFA firearms, and estate planning, contact Arsenal Attorneys™ to learn about the Arsenal Gun Trust™.