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
“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

News  

Second Amendment  

Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

Public education’s long-running “zero tolerance” war against anything that suggests the idea of a firearm (including, for example, clothing, gestures, toys, food, computer images, and favorable opinions of self-defense) has claimed another victim. This time ...

News  

Monday, April 24, 2017

Lawsuit Filed Against California's Assault Weapons Control Act

The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s newly expanded Assault Weapons Control ...

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

News  

Friday, April 21, 2017

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

On Tuesday, Chicago Mayor Rahm Emanuel met with representatives of the UCAN organization to make the case for further gun controls to combat the city’s violent crime. Chicago’s WLS reported that Emanuel used the opportunity ...

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

News  

Second Amendment  

Friday, April 21, 2017

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

Early this month, members of the gun-control group Prosecutors Against Gun Violence met at a “Manhattan Summit” and took the time to express their dismay and alarm over federal bills proposing national concealed carry reciprocity. ...

California: Open Carry Ban Passes in the Assembly

Friday, April 21, 2017

California: Open Carry Ban Passes in the Assembly

Yesterday, the state Assembly passed Assembly Bill 7 by a vote of 44 to 29.   AB 424 was not considered during yesterday’s floor session, however it remains eligible for a vote at any time.  

Oregon: Anti-Gun Bill Heads to Senate Floor

Wednesday, April 19, 2017

Oregon: Anti-Gun Bill Heads to Senate Floor

Yesterday, on the deadline for policy bills to move out of committee, the Senate Judiciary Committee voted to pass Senate Bill 719 with its -5 amendment.  Because a number of bills were effectively dead for ...

California: One Gun a Month Bill Passes Senate Public Safety Committee

Tuesday, April 18, 2017

California: One Gun a Month Bill Passes Senate Public Safety Committee

On Tuesday April 18, the Senate Public Safety Committee passed SB 497 by a party-line vote and will be assigned to the Senate Appropriations committee for further consideration.  On Monday, April 17, the Senate Appropriations Committee sent ...

For 2017, A Historic NRA-ILA Leadership Forum

News  

Second Amendment  

Friday, April 21, 2017

For 2017, A Historic NRA-ILA Leadership Forum

For the past decade, NRA-ILA has sponsored leadership forums that have allowed our members to hear directly from national leaders.  Next Friday, that tradition continues and the line up of speakers is top notch.

Pennsylvania: Firearms Preemption Bill Heads to the House Floor Next Week

Wednesday, April 19, 2017

Pennsylvania: Firearms Preemption Bill Heads to the House Floor Next Week

Today, April 19, the House Judiciary Committee passed House Bill 671 by a 20-5 vote. HB 671 is scheduled to go before the full House for consideration next week.  Anti-gun billionaire Michael Bloomberg and the gun ...

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Monday, April 24, 2017

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Tomorrow, a subcommittee of the Senate Judiciary Committee will hold a hearing to discuss several firearm-related bills, and subcommittee members need to hear from you.

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.