NFA trusts and the proposed executive order

[SC-Texas]

I spent most of the day talking to my clients about the proposed changes coming by fiat from the executive branch of the Obomber administration. This is what we know (other than fact that the nfatca selling us down the river and lying about it):

"Closing a Loophole to Keep Some of the Most Dangerous Guns Out of the Wrong Hands

• Current law places special restrictions on many of the most dangerous weapons, such as machine guns and short-barreled shotguns. These weapons must be registered, and in order to lawfully possess them, a prospective buyer must undergo a fingerprint-based background check.
• However, felons, domestic abusers, and others prohibited from having guns can easily evade the required background check and gain access to machine guns or other particularly dangerous weapons by registering the weapon to a trust or corporation. At present, when the weapon is registered to a trust or corporation, no background check is run. ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.
• Today, ATF is issuing a new proposed regulation to close this loophole. The proposed rule requires individuals associated with trusts or corporations that acquire these types of weapons to undergo background checks, just as these individuals would if the weapons were registered to them individually. By closing this loophole, the regulation will ensure that machine guns and other particularly dangerous weapons do not end up in the wrong hands.

And the link to the whitehouse website.http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201210&RIN=1140-AA43

Title: Background Checks for Principal Officers of Corporations, Trusts, and Other Legal Entities With Respect to the Making or Transferring of a National Firearms Act Firearm
Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. The proposed regulations would (1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; (3) require that a copy of all applications to make or transfer a firearm be forwarded to the chief law enforcement officer (CLEO) of the locality in which the maker or transferee is located; and (4) eliminate the requirement for a certification signed by the CLEO.

So, the NFA trust is not going away. The effect of the new rules will largely depend on the definition of responsible person. If this the settlor only, them that is one thing. If ALL trustees are considered RPs, then the rule will have a much larger affect on the trust.

We will have to wait and see for a few more days.

What can be done? It's time to start getting the TSRA, the NRA involved in fighting this. it's time to start calling and emailing all of our congress critters and warning them that the Obomber administration is usurping the power of congress by back dooring anti-gun legislation and exceeding the authorit of the executive branch.

Sean Cody
Attorney
281-451-4175

 

[FrankT]

The existing going to be grandfathered or need to update to current or what may be current rules? Thanks

 

[Afalex1]

Sean,

Any idea on how long it will be before these proposed items are put in place? I have heard the order will go through a 90 day review period before it can be put in place. Whats your take on this?

 

[Afalex1]

I have found some more information on this. If anyone is interested in how this process happens here is a good blog explaining the process.
http://blog.princelaw.com/2013/08/29/white-house-announcement-of-regulatory-gun-control-initiatives/

If anyone is interested in actually making public comments once the comment period is opened here is a link about how to do it and how to construct your comments to carry the most weight.

http://blog.princelaw.com/2013/08/29/preparing-effective-comments-on-proposed-regulations/

I have never subscribed to a blog before, but I did subscribe to this one. It is really easy. At the bottom right of the page there is a little icon that says "subscribe" click on it and put in your email. Thats it. When there is an update it will ping your email letting you know. This is probably the easiest way to know when the public comment period begins.

 

[SC-Texas]

Joshua is putting good info out.

I'm working on how we should respond.

It is time to contact the NRA, TSRA and other groups and our congress critters.

We will need to mount a concerted effort to lodge comments on the rule

 

[SC-Texas]

The worst aspect. CLEO signoffs for each responsible person.

Trustees, settlers beneficiaries in some cases.

 

[Afalex1]

Please post something here about your suggestions for the types of comments and when to send them.

 

[SC-Texas]

This is copy of the proposed rule. Joshua prince is hosting it.

http://princelaw.files.wordpress.co...uctive-devices-and-certain-other-firearms.pdf