It appears that the ATF has entered politics.
While there is no cost to continue and not make any changes to a website, there is surly a cost to change a website and post a message stating that a service has been suspended.
Perhaps someone at the ATF volunteered their time to make the change, or perhaps it was a paid employee trying to make a point for the benefit of others.
Last week many people in the industry met in Washington DC to discuss issues and concerns with 41P. Besides discussing what happened leading up to 41P, the main topic of discussion was regarding that 41P this was a legal issue within rulemaking and that inappropriate or inaccurate responses could cause problems. The most important part of any response is accurate and addressing the issues with facts in such a manner as to allow for an appeal if the ATF approves their current recommendations.
Within the next week, I expect to make my comments public. While many are waiting until the last moment to present as complete a set of comments as possible, I would like to provide proper guidance to many who our clients and others whom reads our blog on a regular basis. Our comments will cover many topics and come with some details on how to use them to create your own comments but we would never suggest that you simply copy someone else’s comments even with very minor modifications. Remember comments are part of the rule making process and not a popularity contest. If you want to see our comments when they are published and be kept up to date on 41P and our efforts, I would suggest that you subscribe to our blog by clicking the subscribe button in the upper right of this page.
I was surprised to see that a major silencer company appears to be sending proposed letters to their dealers or others in the industry to provide others with a suggested letter for individuals to submit to ATF with respect to the current rule making. Remember this is rule making and not a popularity vote. There are serious problems with the ATF’s proposal, but, to read the suggested text the Silencer Company has provided to others which is being posted on the Internet you would think they merely opposed extending the requirement for a chief law enforcement officer (“CLEO”) to “gun trusts.” Let’s be clear about a few points.
We just posted a page https://www.guntrustlawyer.com/form5.html on completing an ATF Form 5 (5320.5). Remember a Form 5 is used for a tax-free transfer to a lawful heir. If you own NFA firearms individually, you can give your lawful heir the choice of taking the item individually, in trust, or as permitted by the ATF under the NFA and creating properly drafted documents can help make this process unnecessary or easier than using the default methods found in most wills and estate planning documents that are not drafted to consider firearms.
Additionally you can avoid this entire process with a multi generational asset protection gun trust. We have Gun Trusts that can be setup to last form generation to generation without future transfers or the tax stamp fees.
We also have pages on How to complete an ATF Form 1 (5320.1)
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.
If you have been thinking of buying an SBR, now is the time to do it before the ATF changes the CLEO requirements. On Monday September 9th ATF will be publishing proposed changes to the CLEO requirements for Gun Trusts and changes are expected after the expiration of the 90 day comment period.
I have personally purchased one of these guns and am awaiting approval from the ATF.
This special is good while supplies last. Currently there are 1500 units in stock and ready to ship.
This is an incredible deal on a SBR for our Clients. This gun uses IMI Parts ( Israel Military Industries). The IMI parts are M16 Nickel Baron bolt carrier group, Flip up gas block sight with quick deployment points on both sides, 7 1/4 polymer quad rail with QD attachment on the bottom front, MilSpec trigger parts group, Buffer Tube with 6 position stops, buffer, and buffer spring. This SBR is manufactured by GPI in Jacksonville using the GPI 7075 Precision ambi marked lower receiver. Bullet pictograms with save, semi, and auto, black type 3 anodize matching precision 7075 A3 flat top upper, also type 3 anodized.
Standard Features also include:
Riffle comes complete with 1 IMI 30 round Battle Magazine, This bundle include engraving of your Trust Name meeting ATF requirements, the $999 Price include a Base Gun Trust, and Form 4 for those who pick up from GPI in Jacksonville or Form 3 to your local dealer included.
$899 for Package for our existing gun trust clients or
$999 including a Base Gun Trust which can be upgraded to our Advanced or Professional Trust.
Up to 10 additional IMI battle Magazines can be purchased for $12 each with each firearm.
LE price on this gun without ATF paperwork, engraving, or Gun Trust is $1375 Retail price with everything is $1795
Place your order by sending and email to sales@gpigun.com or calling (904) 425-2791.
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Over the last week, we have had many people asking as series of questions. The have primarily been questions like the following
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 seems that there has been a lot written about the NFATCA recently because of the recent proposed changes to the way NFATCA wants to deal with Trusts and define responsible parties. While it is clear that the NFATCA did not request the changes that have been proposed, it might be fair to say their efforts opened the can of worms and perhaps given the current political client, it might not have been the best time to try to eliminate CLEO. Imagine the shock to President Obama and the Administration to find out that Machine guns were legal. For years Obama has been stating that everyone knows that Machine Guns are illegal.
The proposed changes are not in anyones best interest. I do expect to see changes to what we have seen and the NFATCA will be active in helping to justify the absurdity of the current proposal. In addition, we will be working on proposed actions and responses to the ATF once the comment period opens.
Follow this link for the NFATCA_Statement_083113.pdf or you may read the statement below.
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