Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Obama Misses the Mark with Overbroad NFA Background Check Proposal

Friday, September 6, 2013

On August 29, the White House announced what it claimed was a “common sense” executive action to “keep the most dangerous firearms out of the wrong hands.”  According to the official press release, prohibited persons are able to avoid background checks on machine guns and other classes of firearms heavily regulated under the National Firearms Act by registering those firearms to trusts or corporations.  The Bureau of Alcohol, Tobacco, Firearms and Explosives was therefore said to be issuing a proposed regulation to close this supposed loophole and require “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.” 

Unfortunately, the proposed rule now posted on BATFE’s website is hardly “common sense” and instead displays the Obama administration’s typical knee-jerk anti-gun bias and instinct to further burden and discourage lawful gun ownership.  The firearms at issue in the rule are already covered by stringent federal regulations that require federal authorization, and special taxes for manufacture and transfer.  While they can be registered to trusts or corporations (just as any lawful property can be owned by a trust or corporation), this does not change the fact that people who are prohibited from possessing firearms cannot receive or handle NFA firearms without violating current law.  The idea that someone who wishes to obtain firearms for criminal purposes would pay for the creation of a trust, spend $10,000 or more to obtain any of a dwindling number of machine guns already in the NFA registry and available for civilian transfer, pay a $200 transfer tax on that firearm, register it with the federal government, and wait six or more months to take delivery is simply laughable. 

The White House press release attempts to justify this proposal by asserting that in 2012 alone, BATFE “received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.”  Yet BATFE does not cite even one instance in which any of those registered firearms was used to commit a crime.  Instead, BATFE’s proposal cites a case in which it denied a transfer of a silencer to an individual who it determined was ineligible to possess a regulated firearm and then denied a subsequent transfer to a trust created by the same person.  This near miss (which obviously was caught under existing regulations and resulted in harm to no one—unlike the Obama-Holder Justice Department’s own activities in the “Fast and Furious” operation) is the pretext on which the administration now proposes to enact far-reaching requirements that by its own reckoning would affect tens of thousands of other transfers that did not raise any red flags whatsoever. Simply requiring more red tape, as the proposed rule would, does not address the reality that the most dangerous and determined criminals will always be one at least step removed from whatever process is imposed upon the law-abiding.

The NRA will be releasing a more detailed response to BATFE’s proposed rule once the formal comment period is underway.  In the meantime, we strongly support the right of peaceable, law-abiding persons to acquire these highly regulated firearms in the way that best suits their particular circumstances, whether through individual transfers or the registration of the firearms to a legal entity such as a corporation or trust.   We look forward to working with the NFA community in the long process of changing or stopping this proposal.  Finally, we urge the Obama administration to rethink its misguided policy of gun control by any means possible, and instead seek real solutions to real dangers by focusing on those who actually commit crime.



TRENDING NOW
“She Persisted” – Gun Owner Fights Unlawful “No Return” Gun Policy

News  

Friday, July 21, 2017

“She Persisted” – Gun Owner Fights Unlawful “No Return” Gun Policy

On July 17, the U.S. Court of Appeals for the Second Circuit confirmed that law enforcement officials in New York acted unlawfully with respect to guns confiscated from a Nassau County woman in 2012.  

Supreme Court Asked to Review Maryland's Gun Ban

News  

Friday, July 21, 2017

Supreme Court Asked to Review Maryland's Gun Ban

A group of Maryland citizens, with the support of the National Rifle Association, filed a petition to the United States Supreme Court on Friday seeking to reverse a Court of Appeals ruling that stripped some of America’s most ...

Former Bloomberg Lackey Comes Clean on True Anti-gun Agenda

News  

Second Amendment  

Friday, July 21, 2017

Former Bloomberg Lackey Comes Clean on True Anti-gun Agenda

Back when Mark Glaze was executive director of Michael Bloomberg’s Mayors Against Illegal Guns, and later Everytown for Gun Safety, he went to great lengths to portray his master’s anti-gun positions as moderate. Glaze used ...

The Need for National Reciprocity

News  

Friday, July 21, 2017

The Need for National Reciprocity

A report from the Crime Prevention Research Center estimates that the number of concealed carry permits issued last year was the largest increase ever – continuing a four year trend of record setting increases in ...

“March” Madness: Media Hypes Non-Event at NRA Headquarters

News  

Friday, July 21, 2017

“March” Madness: Media Hypes Non-Event at NRA Headquarters

Numbers don’t lie. But gun control groups and the news media do. That explains why so many accounts of last Friday’s so-called Women’s March From #NRA2DOJ bear no resemblance to the event those of us ...

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

News  

Wednesday, July 19, 2017

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

Muscatine County, Iowa, is home to about 40,000 people, and like too many places around the country, gun owners there have no public range where they can practice or compete safely. That may be changing, ...

One More Reason Gun Owners Should Be Celebrated

News  

Second Amendment  

Thursday, July 20, 2017

One More Reason Gun Owners Should Be Celebrated

The safety record of America’s gun owners is nothing short of stunning. 

Home Alone in Washington State

News  

Friday, July 21, 2017

Home Alone in Washington State

Back in 2013, when Washington State’s anti-gun groups rolled out Initiative 594, they promised voters this “universal background check” law would save lives by keeping “firearms out of dangerous hands” because private gun sales would ...

When Gun Control Fails

News  

Second Amendment  

Friday, July 21, 2017

When Gun Control Fails

Gun control is pushed as a strategy to keep Americans safe in their homes, schools and workplaces. It is presented as the key component in safer streets, neighborhoods and families. But what happens when gun ...

California:  "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Friday, July 21, 2017

California: "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Today, July 21, the California Department of Justice (“DOJ”), without warning or any notification,  submitted another set of proposed regulations for the registration of newly classified “assault weapons” to the Office of Administrative Law.  As ...

MORE TRENDING +
LESS TRENDING -
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.