ATF Publishes Final Rule in Relation to ATF-41P

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  • JCcypress

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    From GunLink Blog:

    A final decision on ruling 41P – the rule change that would add further impediments to owning NFA items such as silencers and short barreled firearms – has officially been pushed back. Again. Previously expected nearly a year ago, a decision was pushed back to the end of 2014 and then again to "sometime in May 2015." More recently, the NSSF released a statement that a decision would likely not come for another six months at a minimum.

    Yesterday, the NSSF’s prediction was officially confirmed as the OMB’s Office of Information and Regulatory Affairs website was updated to reflect a new final decision date of "12/00/2015," meaning "sometime in December 2015." http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201504&RIN=1140-AA43

    Keep in mind that this does not mean that 41P will go into effect in December or, for that matter, that a decision will actually be reached by that point. Several dates have been given as the final action date, yet those dates have come and gone with only more delays. In addition to addressing each concern raised in the 9,500+ comments received on the matter, the NSSF brought up a number of technological and implementation hurdles that would need to be addressed – perhaps no small obstacle given the history of eForm 4 implementation, management, maintenance, and (pending) re-launch.

    Despite all of that, a decision will be reached at some point, whether it is in December or later. However, that decision could very well be to say that "this is all rubbish, let’s scrap the idea." Regardless of when the decision comes and what it is, we maintain that there is no time like the present to jump into the NFA game and doing so with an NFA gun trust is an easy way to do it.

    The abstract of the rule change reads:

    The Department of Justice is planning to finalize a proposed rule 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. As proposed, the rule 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; and (3) modify the requirements regarding the certificate of the chief law enforcement officer (CLEO).
     
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    swampfoxx

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    Since 41P has been pushed back again and again, and more states legalizing cans, the wait times are getting longer again. I am at about 75 days on my first can. Another can and an SBR in the pipe as well.
     

    Daddy-O

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    Sorry to (semi) necro a thread, but has anyone read/heard anything new on 41P? The official page still says "12/00/15" as the Final Action date. I have read elsewhere that many who have submitted comments haven't received a reply yet. However, December is, well, just a couple weeks away.

    Anywho, just curious if anyone has details. Thanks much.
     

    NOShooter

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    Sorry to (semi) necro a thread, but has anyone read/heard anything new on 41P? The official page still says "12/00/15" as the Final Action date. I have read elsewhere that many who have submitted comments haven't received a reply yet. However, December is, well, just a couple weeks away.

    Anywho, just curious if anyone has details. Thanks much.

    Highly doubt you'll see a final ruling. It will either push again, or they'll drop it.
     

    JCcypress

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    "Hence, based on the information currently available, if you have not yet formed your trust or other fictitious entity, it will likely be in your best interest to form that entity now and submit your application(s), as it appears that any application submitted prior to the effective date of the regulation will be grandfathered."
     

    NOShooter

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    "Hence, based on the information currently available, if you have not yet formed your trust or other fictitious entity, it will likely be in your best interest to form that entity now and submit your application(s), as it appears that any application submitted prior to the effective date of the regulation will be grandfathered."

    There is still a good chance that 41p can and will be defunded.
     

    JCcypress

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    Yes, ATF 41P may be defunded, and it may not even resemble the proposed rule as we saw initially saw it. I am not one to fear monger or use unfortunate circumstances to forward my own agenda, but this is something worth taking seriously. We do not yet have a "shall issue" law in this state, and attempts to enact one have been quickly shot down. Please take heed.

    http://www.scout.com/military/snipers-hide/story/1618681-atf-41p-buy-your-suppressor-now

    http://soldiersystems.net/2015/06/08/amendment-block-executive-action-atf-41p-passes-u-s-house/
     

    US Infidel

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    ATF 41P Final Ruling Pushed Back to (at least) December 2015

    Never mind


    Vas te faire encule Isis. Nous sommes Unis
     
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    Daddy-O

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    In POTUS' Executive Action document released today, there is this:

    ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.

    Looks like it will be 180 days from now until it is in effect. Details here.

    Though it does appear the CLEO certification is going away:

    requires that a copy of all applications to make or transfer a firearm, and the specified form for responsible persons, as applicable, be forwarded to the chief law enforcement officer (CLEO) of the locality in which the applicant/transferee or responsible person is located; and eliminates the requirement for a certification signed by the CLEO
     
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    US Infidel

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    At least we don't have to worry getting a signature. Is the fingerprinting thing for each new application or just the first app after this takes affect? My wife ain't gunna be happy having to go get fingerprinted every time.


    Vas te faire encule Isis. Nous sommes Unis
     

    Hot Pepper

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    Its going be a pain in the butt to use a trust after the rule goes into effect. IMO, the trust is still the best avenue, due to its flexability. 41p is not a good rule for us, its the government reaching down and sticking their hands into something that worked just fine in the first place! Its also going increase the size of the government through additional hiring in the FBI/ATF.

    https://l.facebook.com/l.php?u=http...-national-firearms-act-transfers/&h=3AQETpLli
     
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    NOShooter

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    A background check is one thing, but having to submit a ****ing certified fingerprint card every time along with passport photos is ridiculous. So every time you want to purchase an NFA item, you have to submit to the same scrutiny as an application to carry concealed? Come on now.

    The language clearly says "Card" which means no form of electronic submission will be accepted.

    The entire basis for the agencies argument is statistical analysis of NICs denials on handguns and long guns over the inspection period of 2009-2012. It's also based on the complete fabrication that there is a devious NFA black market with inventory provided by dastardly criminal enterprises hiding behind nondescript trusts buying suppressors in bulk, waiting 6 months to replenish inventory.

    It is also quite clear, and not happenstance that this was published in unison with Obama's executive order.

    Furthermore, they scrubbed the provision to allow the Trust to submit said paperwork, Fingerprints and Photos once per year. There was originally a provision that would allow for submitting an extra form certifying that no change in trustees had transpired negating the requirement for additional fingerprint cards and photos. That seems to have been stripped.

    Although the language has been changed to "notification", it seems that a smart CLEO with an anti-gun/nfa item agenda could "object" tot he transfer to a trust or other entity, thus inciting a denial ruling by the ATF based on the vaguery of "public safety".
     

    MALIBU12

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    At least we don't have to worry getting a signature. Is the fingerprinting thing for each new application or just the first app after this takes affect? My wife ain't gunna be happy having to go get fingerprinted every time.


    Vas te faire encule Isis. Nous sommes Unis


    Yep , But Now i'm going to have to pay my wife's tax in Diamonds and gold to get her to take her fingerprints and photo .:wtc:
     

    NOShooter

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