Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Comments Reveal Strong Opposition to Proposed Rule on NFA Trusts

Friday, December 13, 2013

In September, we reported on the Obama administration's ill-conceived regulatory proposal to further complicate the already burdensome process of transferring an NFA firearm.  To recap, the proposed rule would, among other things, expand the law enforcement certification (often referred to as the "CLEO sign-off") to cover applications to transfer or make an NFA firearm pertaining to legal entities such as corporations and trusts.  It would also extend the fingerprinting, photograph, and background check requirements that currently apply only in the case of individual applicants to all so-called "responsible parties" within the entity.  Comments have noted the proposal's definition of "responsible party" is so broad and vague that it conceivably could extend, for example, to infant beneficiaries of a trust.  

In early October, we encouraged  gun owners to make thoughtful and respectful comments on the proposed rule, and you did.  The online docket page for the proposed rule currently indicates that BATFE has received 9,488 comments on the proposal.  The comment period closed on Monday, but the number of comments has continued to grow (likely from mailed-in comments that are just arriving at BATFE's office), so it's possible the final count will be significantly higher.

NRA's comment focuses on the expansion of the CLEO sign-off requirement.  Specifically, it argues that the proposed rule is beyond the powers granted to BATFE by the National Firearms Act and that the expanded CLEO sign-off requirement would act as a de facto ban on the otherwise lawful acquisition of legal firearms by eligible persons.  Additionally, the comment addresses the lack of justification that BATFE has given for the costly and burdensome changes the proposed rule would make and the lack of evidence that current NFA procedures are inadequate to protect public safety. 

As those who have made comments are already aware, the Regulations.gov website gives a party who electronically submits a comment the following automated response:  "Your comment will be viewable on Regulations.gov after the agency has reviewed it, which may be an indefinite amount of time."  (Emphasis added.)  BATFE has reviewed just over half of the comments submitted, and many of these have just appeared on the website in the last few days.  NRA's comment has not yet appeared on the Regulations.gov website, and given the generous (indeed, open-ended) window of time BATFE has to "review" the comments before posting them publicly, we cannot be sure when it will appear.   

We have not managed to review every comment, but we have yet to find one that fully supports the proposed rule.  All of the examples we've read are critical of one or more aspects of the proposal.  Hopefully, the overwhelming public opposition to the proposal will force the Obama administration to reconsider this poorly conceived effort that would only serve to further burden law abiding gun owners.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Wednesday, April 10, 2024

Maine: Wednesday: Floor Vote on Classifying Shotguns as "Machine Guns"

Senator Anne Carney, Maine's leading gun grabber, is at it again.

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Sunday, April 14, 2024

Maine: Senate Advances Anti-Gun Bills, Votes on the House Floor are Imminent!

Late Friday night, the Maine Senate passed a number of extreme anti-gun bills. These bills included 72-hour waiting periods on firearm purchases and transfers, redefining semi-automatic firearms as "machine guns," and implementing universal background check ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

Colorado: Semi-Auto Ban Up For Final Vote in House

Saturday, April 13, 2024

Colorado: Semi-Auto Ban Up For Final Vote in House

HB24-1292 the semi-auto ban passed its second reading yesterday and is scheduled for final vote tomorrow in the House before moving on to the Senate.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.