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
HOA Firearm Clash Augurs a Broader Legal Debate

News  

Monday, June 1, 2026

HOA Firearm Clash Augurs a Broader Legal Debate

The fight to defend Second Amendment rights is not confined to Washington, D.C., or even to the halls of state capitals.

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

News  

Monday, June 1, 2026

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

While Virginia’s bans on “assault firearms” and magazines capable of holding more than 15 rounds was signed into law on May 14, and is scheduled to go into effect on July 1, it remains to be seen ...

Yet Another Tragic Example of the False Promise of Red Flag Laws

News  

Thursday, May 28, 2026

Yet Another Tragic Example of the False Promise of Red Flag Laws

We’ve consistently highlighted the defects of “red flag” laws, the chief of which is the underlying philosophy that compelling removal of a person’s own firearms is a sufficient resolution of any risk or threat of harm.

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

Department of Interior Announces Major Expansion for Hunters and Anglers

News  

Tuesday, May 26, 2026

Department of Interior Announces Major Expansion for Hunters and Anglers

This week, the Department of the Interior (DOI) announced it will be issuing a proposed rule that would result in the largest expansion of hunting and sport fishing opportunities in agency history.

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

Friday, May 29, 2026

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

The criminalization of hunting and fishing is one step closer to a reality in Oregon. 

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

Thursday, May 28, 2026

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

On May 27th, Virginia-based gun rights group the Virginia Citizens Defense League (VCDL) was informed by the Virginia Attorney General’s office that the Virginia State Police (VSP) would resume conducting background checks on private firearm ...

California: Multiple Anti-Gun Bills on the Move

Wednesday, May 27, 2026

California: Multiple Anti-Gun Bills on the Move

California lawmakers continue pushing sweeping anti-gun legislation targeting law-abiding gun owners, new residents, and even emerging technologies.

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.