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Posts Tagged nfa
From Military Arms Channel:
From The Washington Post:
The “white paper” by Ronald B. Turk, associate deputy director and chief operating officer of the ATF, calls for removing restrictions on the sale of gun silencers; allowing gun dealers to have more guns used in crimes traced to their stores before the federal government requires additional information from the dealer; and initiating a study on lifting the ban on imported assault weapons.
Read the original white paper here.
A bipartisan bill in the U.S. House that would remove firearm suppressors from National Firearms Act regulation after 82 years has picked up a number of new supporters.
Introduced last October by U.S. Rep. Matt Salmon, R-Ariz., with 10 co-sponsors, the Hearing Protection Act of 2015 last week picked up its 50th lawmaker to sign on in support. This gives the measure the backing of representatives from 29 states including one Democrat, Rep. Peter DeFazio of Oregon.
The American Suppressor Association (ASA) is pleased to announce the introduction of the Hearing Protection Act (HPA) by Rep. Matt Salmon (AZ-05). This historic piece of legislation will remove suppressors from the purview of the National Firearms Act (NFA), replacing the antiquated federal transfer process with an instantaneous NICS background check. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.
From Gun Rights Examiner:
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ classification of pistol grip only firearms with 14” barrels that fire shotgun shells and are over 26” in overall length as neither “shotguns” nor National Firearms Act “Destructive Devices” or “Any Other Weapons” has created a situation wherein the agency must either quietly save face or have it exposed that untold numbers of good faith gun owners currently legally possess firearms problematic for the government to allow. In order for that status quo to continue, ATF, in conjunction with certain members of Congress and lobbying interests, is working at “tweaking” its definition of the arbitrary “sporting use” term, insider sources tell Gun RightsExaminer. And with that will come a push to expand definitions to allow for further importation bans on certain types of presently legal ammunition.
From Prince Law Offices, P.C.:
It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:
The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”
ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.
Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.
There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.
So, ATF, trying to be cute and find a way to require NICS checks without Congressional action, declared trusts not to fit the definition of a “person” under the GCA. No big deal, especially for us in Pennsylvania, as Pennsylvania Instant Check System (PICS) checks are already required for all NFA firearms, except silencers. But, not so quick…let’s look at Section 922(o) of the Gun Control Act…
Section 922(o) provides:
(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to–
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.
From The Guardian:
An executive action announced by the White House last year said that all members of legally certified trusts buying or receiving federally regulated weapons would need to identify themselves by submitting photographs, fingerprints and a signed approval from a local law-enforcement chief to US authorities.
In any case, the implementation of the new rule appears to have staved off for the time being by the vehement opposition lodged with the ATF. Williams, of the American Silencer Association, said he and colleagues had been told by senior ATF officials in a meeting in Nevada in January that “they received more comments than they anticipated, and because of that, the final ruling likely won’t be issued until next year”.
Authored in the House by state Representative Mike Turner (R-82) and in the Senate by state Senator Nathan Dahm (R-33), HB 2461 would require that a chief law enforcement officer (CLEO) sign an application for the transfer of any item regulated under the National Firearms Act (NFA) within fifteen days if the applicant is not prohibited by law from receiving it.
House Bill 2461 will go to the state Senate where a two-thirds vote would be required to complete the veto override. The bill initially passed the Senate by a vote of 46-0 on April 22.
Wednesday’s House vote came one day after Fallin vetoed 15 House bills, including this one, while criticizing the House for failing to act on important issues, such as Capitol repairs, while passing flawed bills and bills that are irrelevant to most Oklahomans.
From Military Arms Channel:
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.