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View the bill here: https://www.congress.gov/bill/116th-congress/house-bill/3404/text
WASHINGTON, DC – Last week, Rep. Jennifer Wexton (VA-10) introduced H.R. 3404, the Empowering Law Enforcement for Safer Firearm Transfers Act. Her bill would give Chief Law Enforcement Officers (CLEO) 90 days to assert uninhibited veto power over NFA applications. The American Suppressor Association is opposed to this unconstitutional attempt to create a local veto provision in the NFA process.
As drafted, local law enforcement would have absolute discretion to deny any applicant the right to acquire NFA items. The bill, which has intentionally vague standards, would unlawfully extend judicial powers to local law enforcement, allowing them to summarily deny the Second Amendment rights of law-abiding citizens who have committed no crime.
IN THE EVENT OF DENIALS, THERE WOULD BE NO JUDICIAL REVIEW, NO DUE PROCESS, AND NO METHOD FOR APPEAL.
Prior to the enactment of ATF 41F in July 2016, individual applicants were required to obtain a CLEO signature before submitting their Form 4. In many jurisdictions this amounted to a de facto ban on NFA ownership, as CLEOs could refuse to sign the application for any reason. Recognizing the overstep, the Obama administration eliminated the CLEO signoff requirement through regulatory reform by enacting ATF 41F.
Rep. Wexton’s bill is an unconstitutional step in the wrong direction that would do nothing to prevent violent crime. Under current law, requirements for comprehensive background checks are already in place. Every applicant on every NFA application must pass a check by the FBI National Instant Criminal Background Check System (NICS) before they are able to take possession of the NFA item.
View the bill here: https://www.congress.gov/bill/116th-congress/house-bill/3404/text
WASHINGTON, DC – Last week, Rep. Jennifer Wexton (VA-10) introduced H.R. 3404, the Empowering Law Enforcement for Safer Firearm Transfers Act. Her bill would give Chief Law Enforcement Officers (CLEO) 90 days to assert uninhibited veto power over NFA applications. The American Suppressor Association is opposed to this unconstitutional attempt to create a local veto provision in the NFA process.
As drafted, local law enforcement would have absolute discretion to deny any applicant the right to acquire NFA items. The bill, which has intentionally vague standards, would unlawfully extend judicial powers to local law enforcement, allowing them to summarily deny the Second Amendment rights of law-abiding citizens who have committed no crime.
IN THE EVENT OF DENIALS, THERE WOULD BE NO JUDICIAL REVIEW, NO DUE PROCESS, AND NO METHOD FOR APPEAL.
Prior to the enactment of ATF 41F in July 2016, individual applicants were required to obtain a CLEO signature before submitting their Form 4. In many jurisdictions this amounted to a de facto ban on NFA ownership, as CLEOs could refuse to sign the application for any reason. Recognizing the overstep, the Obama administration eliminated the CLEO signoff requirement through regulatory reform by enacting ATF 41F.
Rep. Wexton’s bill is an unconstitutional step in the wrong direction that would do nothing to prevent violent crime. Under current law, requirements for comprehensive background checks are already in place. Every applicant on every NFA application must pass a check by the FBI National Instant Criminal Background Check System (NICS) before they are able to take possession of the NFA item.