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
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

News  

Friday, November 2, 2018

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

Everyone has hobbies. Some doctors’ collective hobby is opining on firearms policy. Half of the articles in the “Latest from Annals” email from the Annals of Internal Medicine journal are related to firearms. The most prominent of these ...

Missing the Marx: Gun Control’s Future is … Communism?

News  

Friday, November 2, 2018

Missing the Marx: Gun Control’s Future is … Communism?

After every high profile crime committed with a firearm of any sort, there are always calls for gun control. But one particular proposal this week managed to distinguish itself amid the usual din, if only ...

Midterm Elections Offer Motivation to Continue the Fight For Our Rights

News  

Friday, November 9, 2018

Midterm Elections Offer Motivation to Continue the Fight For Our Rights

The votes have all been cast in the 2018 midterm elections. And while the counting and recounting is still under way in some places, the overall picture that has emerged soundly refutes the breathless media narrative of ...

NRA Challenges Constitutional Violations in Initiative 1639

News  

Thursday, November 15, 2018

NRA Challenges Constitutional Violations in Initiative 1639

The NRA was joined by the Second Amendment Foundation in filing a lawsuit challenging gun control measures recently passed in Washington ballot initiative I-1639.

Former ATF Agent Pulls Mask Off Giffords’s Plans for Federal AR-15 Registration

News  

Friday, November 2, 2018

Former ATF Agent Pulls Mask Off Giffords’s Plans for Federal AR-15 Registration

In an odd turn, just before Halloween one prominent gun control group briefly got out of costume. When former Congresswoman Gabrielle Giffords and husband Mark Kelly launched Americans for Responsible Solutions (now named Giffords) in ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Georgia Gubernatorial Candidate Stacey Abrams Reiterates Support for Semi-automatic Ban

News  

Friday, November 2, 2018

Georgia Gubernatorial Candidate Stacey Abrams Reiterates Support for Semi-automatic Ban

During a recent segment on ABC’s The View, Stacey Abrams reiterated her support for a ban on commonly-owned semi-automatic firearms. During an interview with the candidate, host Meghan McCain, daughter of longtime U.S. Senator John McCain, ...

Videos Reveal Arizona’s Sinema and Florida’s Gillum Downplay Anti-gun Positions

News  

Friday, November 2, 2018

Videos Reveal Arizona’s Sinema and Florida’s Gillum Downplay Anti-gun Positions

In the last decade, gun control groups have tried to get more sophisticated with how they market their unpopular ideas. Some gun control advocates have gone so far as to partner with high-profile public relations firms to ...

Ohio: House Passes Self-Defense Legislation, Contact Your Senator

Wednesday, November 14, 2018

Ohio: House Passes Self-Defense Legislation, Contact Your Senator

Today, the Ohio House of Representatives passed House Bill 228 by a 64 to 26 vote.

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.