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
NYSRPA Case Exposes Biden’s Anti-Second Amendment Bias, Vindicates Opposition to Garland

News  

Monday, October 18, 2021

NYSRPA Case Exposes Biden’s Anti-Second Amendment Bias, Vindicates Opposition to Garland

Further evidence of Joe Biden and Attorney General Merrick Garland’s contempt for the Second Amendment has emerged in recent weeks.

The View Doesn’t Appreciate a Right

News  

Monday, October 18, 2021

The View Doesn’t Appreciate a Right

Women, and especially black women, are increasingly buying firearms for self-defense. This reality did not sit well with the hosts of a somehow still-running daytime talk show.

Virginia: Terry McAuliffe Wants to Ban Guns, Register Gun Owners, and Restrict Carry

News  

Monday, October 18, 2021

Virginia: Terry McAuliffe Wants to Ban Guns, Register Gun Owners, and Restrict Carry

Virginians are increasingly exercising their Second Amendment rights. NICS Checks in the commonwealth were up more than 60-percent from 2019 to 2020. From 2019 to 2021 there was a 21-percent increase in the number of ...

Final Brief Filed in Key Second Amendment Case Before Supreme Court of the United States

Friday, October 15, 2021

Final Brief Filed in Key Second Amendment Case Before Supreme Court of the United States

The final reply brief has been filed in the NRA-ILA-supported case challenging New York’s restrictive concealed-carry-licensing regime. This was the final filing before the Supreme Court hears oral arguments on November 3rd.

The Year of the Gun – Record Number of Carry Permits in 2020

News  

Monday, October 18, 2021

The Year of the Gun – Record Number of Carry Permits in 2020

Last year was one for the record books. Not only did gun sales climb to unprecedented highs, but 40 percent of all purchasers were first-time gun buyers, estimated to be some 8.4 million people.

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

Anti-gunners Launch Campaign to Intimidate U.S. Supreme Court as Second Amendment Case Looms

News  

Monday, October 11, 2021

Anti-gunners Launch Campaign to Intimidate U.S. Supreme Court as Second Amendment Case Looms

For many decades, gun control proponents who saw their fortunes wane in legislatures from coast to coast and who were unable to get traction with Congress could at least console themselves with the thought that ...

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.

Wisconsin: Update On Worshipper Protection & Frivolous Lawsuit Prevention Bills

Friday, October 15, 2021

Wisconsin: Update On Worshipper Protection & Frivolous Lawsuit Prevention Bills

Yesterday, the Senate Committee on Judiciary and Public Safety held hearings for Senate Bill 584, to improve the ability of law-abiding citizens to defend themselves and their loved ones while worshipping; and Senate Bill 570, ...

DOJ Releases Biden Gun Confiscation Order Legislation

News  

Wednesday, June 9, 2021

DOJ Releases Biden Gun Confiscation Order Legislation

DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment...

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.