Articles Posted in ATF / BATFE

While close to 400 applications have been received by the ATF 95 of them have been posted on the regulations.gov website, where you can file a public comment. If you would like to file a comment, you can review other comments and post your own online at http://www.regulations.gov/#!docketDetail;D=ATF-2013-0001

It is important to proofread your comments before posting so that your message is clear and makes sense. A few of the comments actually appear to argue the opposite because of missing words or the way they are phrased.

Most comments seem to be centered around the following topics:

Comments from our clients and others who will be affected by the proposed changes to the ATF will be important. Remember there is little to be gained by rushing to file comments or filing comments that do not raise an issue supported by facts.

Take some time to understand the proposed rule and understand how this may affect you and your family. You should discuss your views with your federal and state legislators and urge them to submit comments on how this will apply to FFL dealers, manufactures and citizens that they represent.

Your local dealers should submit comments on how this will impact their business.

Here is a Link to the proposed changes that is expected to be published for comment on 9/9/2013. We will be updating this blog on this topic later this weekend. If you would like to compare it to the original posting that can be found here

Over the last week, we have had many people asking as series of questions. The have primarily been questions like the following

1. What is status of my current Gun Trust?
2. Is ATF eliminating Gun Trusts?
3. What would happened to my current Form 1 and Form 4 applications that are in process?
4. Should I form a Gun Trust now given the recent proposal by the ATF?
5. Should I put my regular firearms in my Gun Trust?

This blog will address Gun Trusts and their current use as well as if the ATF implemented the changes as outlined in their Proposal. While we feel that it is unlikely that the ATF will implement everything suggested in their proposal we will use this as a worst case.

What is status of my current Gun Trust?

Joshua Prince with the Firearms Industry Consulting Group has declared September 3rd the National Firearms Act Day of Reckoning in response to the recent proposal by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to implement Chief Law Enforcement Officer (CLEO) signatures for fictitious entity applicants, as well as, instituting a Responsible Person (RP) definition applicable to the different roles within those fictitious entities.

They have prepared several sample letters to be submitted to your State and Federal Representatives, as well as letters for FFLs to submit to the US Small Business Administration.

Before simply sending out the sample letters that FICG has drafted and which are downloadable below, we are asking that you take time to review the sample letter and modify it, explaining your own background and circumstances, how this proposed rule, if enacted, would effect you and include other personalization, especially if you have a prior relationship with your Representative. Form letters have very little impact on our Representatives. Therefore, it is imperative that we ALL take the time to ensure that our Representatives are aware that we took time and effort in preparing the communication and expect a coherent and thoughtful response. You should also be extremely clear to all of your Representatives that you are their constituent and their decision on this matter will have an effect on the next election cycle.

It looks like an attempt to remove the CLEO certification by the NFATCA which began in 2009 has backfired and now the ATF is wanting a modified CLEO signature, NICS check, fingerprint cards, photograph, certificate of citizenship for every responsible party of a fictitious entity. You can obtain a copy of the proposed rule here

While ATF already has a definition of responsible party for dealers, they are proposing the following for fictitious entities:

Depending on the context, the term “responsible party” includes any individual, including any grantor, trustee, beneficiary, partner, member, officer, director, board member, owner, shareholder, or manager, who possesses, directly or indirectly, the power or authority under any trust instrument, contract, agreement, article, certificate, bylaw, or instrument, or under state law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of the entity.