ATF Confirms No Plans to Revise Gun Trust Regulations Before 2015

Posted on by Tom Odom, Esq.

In September 2013, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) published a Notice of Proposed Rulemaking seeking to revise regulations regarding the documentation required to be submitted together with a Form 1 or a Form 4 on behalf of a trust or other legal entity. As readers of this blog know, ATF received more than 9500 submissions from the public regarding the proposal (more than 10% of which ATF has refused to make available for public viewing) which ATF designated as docket number ATF 41P.

Although as early as January 2014 ATF officials were making statements that no final regulation should be expected for another one or two years, some blogs continued to suggest that a new regulation could be implemented as early as next month — June 2014. In the latest publication of the Semi-Annual Regulatory Agenda, ATF has now put in writing its projection that it will not publish a final rule until 2015. http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RIN=1140-AA43

Even once a final rule is published, there are very few exceptions to the statutory requirement for a delayed effective date. Even once any new regulation becomes effective, there are likely to be significant judicial challenges in light of the number of procedural mistakes ATF has already made in the rulemaking process as well as questions about ATF’s authority to promulgate the regulation.

Published by Tom Odom, Esq.

Tom was born and raised outside of Philadelphia. He attended Rutgers University as an undergraduate and, later, University of Pennsylvania School of Law where he was an Executive Editor on the University of Pennsylvania Law Review. He served as a clerk to Judge Morton I. Greenberg of the U.S. Court of Appeals for the Third Circuit. Tom practiced law for ten years in Washington, D.C., handling matters before numerous federal administrative agencies and litigating several significant issues of federal constitutional law. He resigned his partnership for a full-time teaching position and spent the next ten years as a law professor at schools including Penn State/Dickinson School of Law, Rutgers School of Law -- Camden, University of Richmond School of Law, and Oklahoma City University School of Law. While a professor, Tom published three books on federal constitutional law and articles on various topics. Tom joined the Prince Law Firm, P.C., due to his interest in protecting constitutional rights and the firm's reputation in representing individuals in firearms related matters. He assists clients in complying with regulatory requirements and in litigating when their rights have been infringed.

6 thoughts on “ATF Confirms No Plans to Revise Gun Trust Regulations Before 2015”

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  5. Mr. Odom,

    As someone who lives in a county where the Chief of Police will not sign any NFA forms, I am most troubled by the the potential implementation of ATF 41p. It would, in effect, prohibit me from acquiring future NFA regulated items for no other reason than the whim of local law enforcement.

    What would you say the odds of defeating 41p are?

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