Explore The NRA Universe Of Websites

APPEARS IN News

BATFE Solicits Comments on Poorly-Conceived NFA Transfer Proposal

Friday, October 11, 2013

As we previously reported, the Obama administration, via the Bureau of Alcohol, Tobacco, Firearms and Explosives, has proposed a new rule governing applications by legal entities such as trusts and corporations to make and transfer National Firearms Act (NFA) firearms.  To justify the proposed rule, the administration and BATFE have stated that over 39,000 applications for transfers of NFA firearms to trusts or corporations were received in 2012 alone.  Nevertheless, the agency cited not a single case in which an NFA firearm transferred to a legal entity was used in the commission of a crime.   

The proposed rule would significantly complicate transfers of NFA firearms to legal entities. An especially burdensome provision, for example, would create new classes of "responsible persons" for each type of legal entity and require that each of these persons submit fingerprints and a photograph with a transfer or making application, as well as undergo a background check.  BATFE seems to ignore or misunderstand that many NFA firearm owners choose to use trusts to hold their NFA firearms and other property for estate planning reasons, one of which is to simplify the transfer of the firearms to the heirs of the owner. Thus, children, including those who are very young, are often beneficiaries of trusts.  The proposed rule seemingly would require even such children to be included in its expanded background check procedures.

Further complicating the transfer process, the proposed rule would require each "responsible person" of a legal entity to get a certificate or "sign-off" from a chief law enforcement officer (CLEO) before a transfer could be approved.  Not only will this further tie up limited government resources by potentially requiring multiple sign-offs and background checks to be done for each transfer, it will allow CLEOs who refuse to process NFA transfers for even the most law-abiding of citizens effectively to veto the transfer.  In these CLEOs' jurisdictions, the proposed rule would act as a de facto ban on the otherwise perfectly lawful transfer of NFA firearms. 

BATFE is now seeking comments on the proposed rule and has made multiple commenting options available.  NRA encourages you to make thoughtful and respectful comments to BATFE on the proposed rule. To comment, there are several options available:

Through the federal eRulemaking Portal;

By fax to:  
(202) 648-9741; or

By mail to: Brenda Raffath Friend, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226; ATTN: ATF 41P.

All comments must include the agency name, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the proposed rule's docket number, ATF 41P.  The federal rulemaking website has tips on writing an effective comment that covers what agencies look for in the rulemaking process.  Written comments must be postmarked and electronic comments submitted on or before December 9, 2013.  The electronic submission site will close at 11:59 p.m. Eastern Time on December 9th.  Please note that all materials submitted for comment, including personally identifying information, will be made available to the public on the federal rulemaking website.  Note, too, that comments will continue to be accepted during the government shutdown.

BATFE has already received over 1,200 comments regarding the proposed rule.  We hope that the number and quality of comments in opposition to the proposed rule will encourage BATFE to abandon this poorly conceived rule, that will have zero impact on public safety, in favor of effective measures that truly target the criminal perpetrators who commit crimes.

TRENDING NOW
The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

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.