Saturday, August 20, 2016

The Importance of ATF-41P For Gun Trusts

The Department of Justice is finalizing a proposed rule to amend the regulations regarding manufacturing or transferring a firearm under the National Firearms Act. The bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is proposing the following changes: (1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust, or legal entity to complete a form and submit photographs and fingerprints; and (3) modify the requirements regarding the certificate of the chief law enforcement officer (CLEO).

ATF-41P Moving Forward


The action date was originally set for December 2015, but it has recently been moved to January 2016. The bill has received over 9500 comments, but their review is almost complete--which means that further delays will be in months, not years.

Clarifications From the ATF


Because the particulars of the bill are still being finalized, we don’t yet know exactly how future gun trusts, requests, and transfers will be impacted. However, Brenda Friend Esq., who is the ATF contact, previously stated that the law would not be retroactive and would only apply to new transactions. During the 12th Annual Import/Export Conference, the ATF reiterated that any new regulation would only apply to applications submitted after the effective date of the regulation.

So, whether or not this ruling affects you will hinge on the date your paperwork is filed. Your case will not be affected by any previous applications utilizing a trust or other entity. As of now, it is not required to file a trust with ATF in advance of filing an application. Therefore, there is no reason to file a copy of one’s trust or other fictitious entity with ATF prior to submission of a Form 1 or Form 4.

An NFA Trust Can Protect Your 2nd Amendment Rights


As expected, everyone will want to know what defines pending: is it when the document was mailed, received, or when payment was processed? Again, unfortunately, we won’t know until January 2016. It is therefore important that you get your NFA trusts as soon as possible and 2Atrusts.com is a great place to quickly get your paperwork ready--so that even if ATF-41P is implemented, it likely won’t apply to you.

Many people are contacting their U.S. Senators and voicing their opinion on this issue and demanding that they approve bill H.R. 2578 of the Commerce, Justice, Science, and Related Agencies Appropriations Act. This is because the bill includes a provision prohibiting the ATF from utilizing any of the appropriated money for requiring a Chief Law Enforcement Officer signature(e.g. ATF-41P). Additionally, the bill includes a provision providing for the funding of federal firearms relief, which has not been available since 1992.

Gun law can be complicated, and it’s important that you file your documents correctly. Don’t hesitate to visit 2A Trusts and contact us with any questions or concerns regarding your NFA gun trusts needs. We are at your service 24/7.

Saturday, August 13, 2016

Rule 41p update

On their blog, SilencerShop.com recently wrote that everything they've heard about ATF Rule 41p is that it "is dead. Unfortunately, it hasn't been officially retracted - so there is a slight chance it could be revived if there is enough political pressure."
These guys should be in the know, given that they're the largest suppressor dealer in the country and their ties to the ASA and other industry insiders. Let's hope they're right!

Saturday, August 6, 2016

ATF eForms reboot delayed

A recent communication from the ATF to various participants signed up to beta test the rebooted eForms system has indicated that another significant delay is expected in its release.
On November 3rd, the ATF officially announced another delay in the return of the wildly popular online application system and indicated that they're likely having to start from scratch in order to get a system that will perform as needed.
In the meantime, they hope to take action to get the current eForms system to process Form 3 transfers again, although Form 4s will not be available. It seems that the government process of wasteful and time-consuming contractor bidding and approval (including background checks) is getting in the way of a system reboot. The government wants to limit expenditures to a one-time fixed budget that produces an all-or-nothing product that doesn't permit for ongoing updates to meet additional requirements over time.
It appears necessary to secure additional funding and potentially hire another new contractor to complete the work on the eForms project, meaning another 6-10 months of waiting, potentially.

Saturday, July 30, 2016

Hollis v. Lynch update

The opening brief in Hollis v. Lynch machine gun case (formerly Hollis v. Holder) has been filed and is available to read at http://media.wix.com/ugd/c601ae_58e8e369989343ccbdbafdc9d2b5537a.pdf.
The brief does an excellent job at discussing the reasons why the Hughes Amendment should be overturned. Under the Supreme Court's decisions in Heller and McDonald, the complete ban on machine gun ownership established by the Firearm Owners' Protection Act of 1986 "cannot pass constitutional muster."
The brief also details the fallacy of the "dangerous and unusual" doctrine and how it does not apply to the "mere possession of a firearm (or other weapon)", but instead to the "manner in which that right is exercised" or "types of conduct with weapons." The origins of the term stem from old English common law that intended to preserve the right of "Gentlemen to ride armed for their Security", while prohibiting carrying weapons with "evil intent" was prohibited. one old English case cited to from 1686 clearly summarized the purpose of the rules from which the "dangerous and unusual" principle arose, stating, "[N]o wearing of arms is within the meaning of this statute, unless it be accompanied with such circumstances as are apt to terrify the people" by causing "suspicion of an intention to commit an act of violence or disturbance of the peace." When Heller stated that the traditional right to arms "was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose", the carrying of dangerous and unusual weapons is simply a time, place and manner restriction on the carrying of protected arms, not a ban on possession.

Saturday, July 23, 2016

Hearing Protection Act

On October 22, Rep. Matt Salmon (R-AZ), working with the American Suppressor Association, introduced the Hearing Protection Act, HR3799, aimed at removing suppressors from regulation under the burdensome requirements of the National Firearms Act and permitting their purchase with simply a NICS background check, as is the case with all Title I firearms.
“The American Suppressor Association believes that citizens should not have to pay a tax to protect their hearing while exercising their Second Amendment rights,” said Knox Williams, President and Executive Director of the ASA. “The removal of suppressors from the National Firearms Act has been our ultimate goal since day one. For months, we have worked alongside Rep. Salmon’s office and the National Rifle Association to craft this legislation. Although we recognize that introducing this bill is the first step in what will be a lengthy process to change federal law, we look forward to working with Rep. Salmon and the NRA to advance and ultimately enact this common-sense legislation.”
This is a great goal and we support the ASA's efforts to fix this fundamentally flawed law.

Saturday, July 16, 2016

The Truth About US Murder Rates

We recently read a great article detailing why it is misleading to compare US murder rates with those of so-called "developed countries". First of all, it is wrong to use all firearm deaths as a comparison subject, as this figure does not represent violence done by an assailant to another, but includes accidental shootings and suicides. Let's be honest, if a person is going to take their life and they don't have access to a firearm, they can (and likely will) use a wide number of readily available mechanisms to accomplish their goal, from knives, ropes, prescription drugs, cars, trains, etc.
Secondly, the left's use of "developed countries" to compare to is also misleading on two fronts. The "developed countries" often compared to are almost always hand picked to paint the US in a bad light. The left doesn't use all developed countries in their comparison, but only those that will support their pre-determined conclusion.

Saturday, July 9, 2016

U.S. House moves to block ATF Rule 41p

The House of Representatives has passed an appropriations bill that includes language intended to block the ATF's pursuit of Rule 41p.  The bill, H.R. 2578, includes an American Suppressor Association-backed provision to prevent extension of the CLEO certification requirements for transfers of suppressors and other NFA weapons to a trust or other legal entity, such as an LLC or corporation.  The 2016 Commerce, Justice, Science  Appropriations bill was approved by a 242-183 margin.

With today's technology and the fact that the ATF queries the National Crime Information Center, TECS (formerly named the Treasury Enforcement Communication System), the National Law Enforcement Telecommunications System, the Interstate Identification Index and the National Instant Criminal Background Check System when processing NFA weapons applications, the CLEO signature process does nothing to enhance public safety.

The amendment inserting the anti-41p language into to the 2016 Commerce, Justice, Science (CJS) Appropriations bill was sponsored by Rep. John Carter of Texas.  Contact your senator and let them know you support identical language on that side of Congress!