Obama/ATF proposed rule change: how it will affect your NFA trust

In case you missed the news, Mr. Obama is out to screw with your gun rights again.  It is absolutely ludicrous that the White House can produce total lies and call it a “Fact Sheet”.  Here is what our Chief Executive Legislator shared:

• FACT SHEET: New Executive Actions to Reduce Gun Violence
• Current law places special restrictions on many of the most dangerous weapons, such as machine guns and short-barreled shotguns.  These weapons must be registered, and in order to lawfully possess them, a prospective buyer must undergo a fingerprint-based background check.
•  However, felons, domestic abusers, and others prohibited from having guns can easily evade the required background check and gain access to machine guns or other particularly dangerous weapons by registering the weapon to a trust or corporation.  At present, when the weapon is registered to a trust or corporation, no background check is run.  ATF reports that last year alone, it received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.
• Today, ATF is issuing a new proposed regulation to close this loophole.  The proposed rule requires individuals associated with trusts or corporations that acquire these types of weapons to undergo background checks, just as these individuals would if the weapons were registered to them individually.  By closing this loophole, the regulation will ensure that machine guns and other particularly dangerous weapons do not end up in the wrong hands.

These lies only reinforce what we already know; namely, the DC ruling elite purposefully ignore the facts and promulgate rules and regulations that, while appearing to protect our society, only chip away at our constitutional rights.  If you are new to NFA gun trusts, check this out.

Here are the facts

In general terms, there are three types of entities that are able to purchase NFA items such as suppressors, SBRs or Full Auto guns.  As an individual, you must have your fingerprints done, get a passport photo taken, receive approval from your local law enforcement officer, and pay the $200 tax.  The other two entities (trusts and corporations) are not required to receive the fingerprints, photos and law enforcement signature.  Under Mr. Obama’s proposal, these two entities WILL be required to produce the same information as the individual who applies without a trust or corporate entity.

There’s a serious flaw!

Without boring you to tears with the information in the proposed rule making, suffice it to say that Mr. Obama’s changes will drastically slow down and complicate the NFA application process.  The language in the proposed regulation are so broad that basically any person who might ever come into simple possession of the NFA item will have to be fingerprinted, photoed and have a law enforcement approval.  See the screenshot of the description.  As it stands, every trustee on your trust will be designated as a responsible party and thus be required to apply as if they were an individual applying.

What the new law must include.

As I don’t expect that there is much that can be done to stop this behemoth monster from changing the law, if he is going to change things, this definition needs clarification.  As written, it is too inclusive and broad.  Based upon this language, if I were to set up an NFA owning gun trust and named my client’s two year old daughter as a beneficiary, that innocent little girl would have to go to the police station, get fingerprinted, and have her photo taken…thanks Mr. Obama.

The most laughable matters

Through all of the proposed rule changes and with the White House fact sheet, there is only a single instance mentioned that gives rise to any concern about illegal activity with NFA firearms.  Oh yeah, Mr. Criminal is going to hire me to produce his NFA gun trust, fill out an application, sign his name, pay $200 to the BATFE, wait 6-9 months to get his paperwork approved and then pick up the suppressor from the gun dealer to go commit a crime …what a load of crap!

What can be done now?

For starters, if you think you want a gun trust, let’s get going now.  There’s no need to wait now.  Thankfully, our government moves slower than molasses.  You can fully expect that I will be writing letters and pushing to have this clarified.  Please be sure to contact me if you’d like to get involved with me to fight this.

I feel concerned when my government is spending billions on ammunition and is now taking actions to make it even more difficult to get NFA firearms.  The government purposefully underfunds the NFA branch where the applications are being processed and now wants to add even more Red Tape to the process to slow down the transfer of these firearms.  6-9 months will become years of waiting…

Just remember folks, gun control only affects law abiding citizens.  There are darker and sinister motives at work when it comes to your gun rights.

Here is the official proposal: