1/9/13 movement on proposal to remove CLEO sign-off for NFA firearms

[ke6guj]

looks like there is finally some official movement to remove the CLEO sign-off requirement for Individual Form 1 and Form 4 applications.

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201210&RIN=1140-AA43

DOJ/ATF RIN: 1140-AA43 Publication ID: 2012
Title: Background Checks for Principal Officers of Corporations, Trusts, and Other Legal Entities With Respect to the Making or Transferring of a National Firearms Act Firearm
Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. The proposed regulations would (1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; (3) require that a copy of all applications to make or transfer a firearm be forwarded to the chief law enforcement officer (CLEO) of the locality in which the maker or transferee is located; and (4) eliminate the requirement for a certification signed by the CLEO.

in addition to removing the individual CLEO sign-off, it will add additional regulations to trust and corp transfers whereas the "responsible person" will need to submit prints and photos like they have to do for Individual transfers.


I sure hope they hire more examiners. If this is adopted, those 6+ months transfers will possibly be 12+ months now.

[Iggy]

Is this only on a Fed level? Meaning we still can't get NFA items in CA....

[Harrison_Bergeron]

We can have AOWs in CA.

Is this only on a Fed level? Meaning we still can't get NFA items in CA....

[ke6guj]

Is this only on a Fed level? Meaning we still can't get NFA items in CA....

nothing changes in CA with this. CA-legal NFA items are available now, and will be after this change. Its just that instead of having to use a Trust to acquire items (since most CLEOs wouldn't sign), you can now acquire as an individual. you won't need to get CLEO sign-off, but you will ahve to send him a copy of your app (like you do for C&R FFL apps). if the CLEO objects, he can call ATF and voice his concerns. this will now happen for Trusts as well if it passes.

[Capybara]

Jack, when you say this will now happen for Trusts if it passes, would that affect existing Trusts? Or only new Trusts? I just started my Trust in December and am in the waiting period for an AOW, hopefully I won't have to hope that my local CLEO will okay this purchase?

[stix213]

nothing changes in CA with this. CA-legal NFA items are available now, and will be after this change. Its just that instead of having to use a Trust to acquire items (since most CLEOs wouldn't sign), you can now acquire as an individual. you won't need to get CLEO sign-off, but you will ahve to send him a copy of your app (like you do for C&R FFL apps). if the CLEO objects, he can call ATF and voice his concerns. this will now happen for Trusts as well if it passes.

Does the ATF typically listen to these concerns when they are nothing more than, "I don't think residents of my county should have scary looking things"???

[Capybara]

We can have AOWs in CA.

And C&R SBS and SBRs, but good luck on finding them and you better be willing to spend some money.

[ke6guj]

Jack, when you say this will now happen for Trusts if it passes, would that affect existing Trusts? Or only new Trusts? I just started my Trust in December and am in the waiting period for an AOW, hopefully I won't have to hope that my local CLEO will okay this purchase?

most likely it would only affect Form 1 or Form 4 apps that are submitted after the regulations went into effect. but since we only have the abstract at this point, and not the actual proposed regs, we can't be sure.

Does the ATF typically listen to these concerns when they are nothing more than, "I don't think residents of my county should have scary looking things"???

again, we only have the abstract and not the proposed regs, we can't be sure how it will all work. But the assumption is that it would work similarly to how the 03FFL notification works. If the CLEO had a valid reason to call ATF and block an app, that is one thing, but for them to just say that they don't want you to have one is the reason why the CLEO sign-off is going bye-bye.