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.â€
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.
This week, U.S. Senator Marco Rubio (R-Fla.) and U.S. Representative Jim Jordan (R-Ohio) introduced “The Second Amendment Enforcement Act of 2015†in the U.S. Senate and House respectively. These bills would restore the fundamental individual right for law-abiding D.C. residents to Keep and Bear Arms to defend themselves in accordance with the law. This bill would also conform D.C. law to federal laws in regards to governing firearms commerce, while also allowing D.C. residents to purchase firearms from licensed dealers in VA and MD, without the current hassle of D.C.’s onerous firearm registration system. The D.C. permitting system would also become streamlined, allowing for more law-abiding D.C. residents to legally obtain a permit and carry concealed firearms for self-defense.
Lawyers for the Department of Justice submitted a memorandum Friday in the United States District Court, Southern District of California, in support of defendant’s motion to dismiss Lycurgan, Inc., dba Ares Armor vs. B. Todd Jones [successor name to be substituted], in his official capacity as Head of the San Diego Bureau of Alcohol, Tobacco, Firearms and Explosives. The case involves Ares’ contention that ATF erred and overstepped its authority in declaring the firm’s EP80 polymer precursor receivers (“80 percent receiversâ€) to be complete receivers, and thus “firearms†as defined by the Gun Control Act of 1968.
The only people who should have access to these bullets are law enforcement and the military. There is no conceivable reason for anybody else to need access to a handgun round that can pierce body armor. It is our responsibility to do whatever we can to keep law enforcement safe – to protect them while they protect us. And when the gun industry fights to keep ammunition like this on the street, we must stand up.
Hunters and law-abiding gun owners have no need for a compact, semi-automatic firearm with ammunition that punches through body armor. Deer don’t wear Kevlar. Yet over and over again, we hear the gun industry lobby arguing to ensure that civilians have access to cop-killing bullets.
Why do police need armor piercing bullets? How many crimes have been committed by people wearing body armor? Every .30 caliber rifle round can pierce soft body armor. If you are truly against “armor piercing ammo” then you should want all rifle ammunition banned. Hunting is a false argument, the second amendment never mentions hunting. At the time of the War of Independence the citizens of the colonies were just as well armed as the Redcoats. There were even towns that had their own armories stocked with cannons.
One of the most popular outlets for selling many of the parts to build an AR-style rifles says it has rules banning the listing of so-called “assault rifle†components, adding its regulations are in line with laws in its home state of California.
But a news investigation into the sales of AR parts on the world’s most popular auction site eBay shows many sellers either don’t know the rules or tweak their listings to circumvent algorithms alerting the company of the banned items. And despite officials at the company learning of the parts sales, the items remain on the site for weeks despite the rules.
Also called “suppression devices,†the metal tubes that enable guns to fire more quietly are one step closer to becoming legal after the House Public Safety and Crime Prevention Committee voted Thursday evening to pass a measure legalizing them.
It heads next to the House floor for a vote, but it’s uncertain whether gun-related legislation will gain traction in the Senate, while Gov.Mark Dayton said he has no interest in changing the state’s existing gun laws.
The committee also cleared measures allowing permit holders to carry guns on State Capitol grounds without first notifying the state Department of Public Safety and easing the purchase of guns in other states.
Under the measure by Sen. Craig Estes, R-Wichita Falls, Texas would join most other states in authorizing open carry of handguns — as long as the person has a state concealed handgun license. Currently, about 826,000 Texans have concealed handgun licenses, nearly 3 percent of the state’s population.
The bill, approved on a party-line 20-11 vote, would be effective on Jan. 1, 2016. Texans can already carry long guns, such as rifles, openly.
In a Senate Appropriations Committee hearing, ATF Director B. Todd Jones said all types of the 5.56 military-style ammo used by shooters pose a threat to police as more people buy the AR-15-style pistols.
“Any 5.56 round” is “a challenge for officer safety,” he said. Jones asked lawmakers to help in a review of a 1986 bill written to protect police from so-called “cop killer” rounds that largely exempted rifle ammo like the 5.56 because it has been used by target shooters, not criminals.
So the problem isn’t M855 but all 5.56 ammo? Sounds like they want to ban all ammunition.
Gun-rights supporters responded angrily. Right-wing media accused the Obama administration of an illegal move to restrict the Second Amendment. U.S. Rep. Bob Goodlatte (R-Va.) wrote a letter co-signed by 236 members of Congress to express their “serious concern.” Fifty-two senators also expressed their displeasure with the ATF’s proposal.
But in a Twitter post on Tuesday, the agency acknowledged the intense opposition to the change and said it would shelve the proposal for now.
“You spoke, we listened,†the post said. “@ATFHQ plans more study on the proposed AP Ammo exemption framework.â€
A statement on the agency’s website said the agency had received more than 80,000 opinions even before the comment period for the proposed regulatory change was due to end next Monday. The agency said the “vast majority of the comments received to date are critical†of the proposal.
“Accordingly, A.T.F. will not at this time seek to issue a final framework,†the statement said. “After the close of the comment period, A.T.F. will process the comments received†and “further evaluate the issues raised.â€
Senate Bill 116 (which has cleared the Senate and moves on to the House) would allow all legal gun owners to carry concealed without first applying for permission. This fully baked idea (it is the longstanding policy of Vermont, hardly a den of gun violence) would grant women an extra degree of protection against both abusers and street criminals. The question for opponents should be: Why do you want to keep women down?
What foreigners should understand is that this is part of our culture, not a lack of progress toward some world norm. Americans own 88 guns per 100 people, but that doesn’t mean ownership is evenly spread. For many, especially in rural parts of the country, owning and using guns is just a completely integrated part of life, like using household appliances.
Gov. Sam Brownback hopes that an increasingly firearm-friendly environment helps draw gun makers and jobs to the state.
During the last 18 months, the Brownback administration has been trying to lure gun makers to Kansas, urged on by conservative lawmakers who think that easing gun restrictions could make the state more attractive to manufacturers under legislative assault elsewhere.
“Operation Choke Point is an attempt by the Obama Administration to weaken 2nd Amendment rights in America, which enable people to protect themselves and their families,†said Rubio. “We must stop this administration’s effort to target private industries and the 2nd Amendment rights of law-abiding citizens.â€
Sen. Rubio’s bill followed Rep. Blaine Luetkemeyer’s (R-Mo.) re-introduction on February 5 of the Financial Institution Customer Protection Act. This legislation would institute numerous reforms to bring more transparency and accountability to federal oversight of banks, all aimed at preventing the sort of unchecked abuse of discretion at the heart of OPC.