Tonight, the Bureau of Alcohol, Tobacco, Firearms and Explosives published a final rule in relation to ATF-41p. You can download a copy here.
While the publication is over 240 pages, a quick review suggests that ATF has gone away from its CLEO certification requirement and implemented a CLEO notification requirement. However, it will now require any person involved in the fictitious entity that “has the power and authority to direct the management and policies of the entity insofar as they pertain to firearms” to submit photographs, fingerprints and submit to a NICS check.
As we review all 248 pages, we will post more information.
As our viewers are aware, we have been preparing to challenge ATF on any final implemented rule. If you wish to support our challenge, you can find out more on www.FightATF41p.com.
UPDATE: Here’s our article on the 411 on the final rule regarding ATF-41P.
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Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
Keep up the Good Fight for Freedom!
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This would assume they are not background checking the trustees anyway. It is very odd. Is it going to be pics and fingerprints every time or just the first time or on change of trustees?
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Currently there is no background check on trustees when an NFA item is transferred to a trust. That’s because it is the TRUST that owns the item, not the trustees! With this new rule, every time an NFA item is transferred to the trust, all trustees must submit photos, prints, notify CLEO, and pass a NICS check.
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I think it’s all ridiculous, but we will have to wait until Mr. Prince reviews and then provides us with a legal opinion. It is odd that this just happened right after Obama implemented his new gun rules. This is all about making it harder for honest folks to exercise their firearm rights. In my 25 plus years as an LEO, it is the honest citizen that always takes multiple and sometimes un-needed steps to make sure they are following the law. I’ve never seen criminals give a rats ass about following the law, hence the term criminal. I am so sick and tired of agencies and our president making law as they see fit. If it passes in the legislature, whether I like it or not then they have followed the rules as well. This backroom bs is way over the top in my opinion.
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PS;
While I am glad to see the CLEO requirement go, at least here in Chester County we have a great sheriff who is pro-gun. Sheriff Bunny Welsh is the best, and she respects your rights. I wish we had more sheriffs like her in PA.
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It is not odd. This was a compromise. As both sides got and gave up something.
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Notification beats approval on the cleo, at least that is one bit of sanity. I wonder how they envision implementing NICS for individual sales? And how they are thinking thru having to be present at a dealer for a trust situation when you may have multiple trustees in different states with different state ID’s?
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“the Department also proposed amending the definition of “person” in 27 CFR 4 79 .11 to clarify that a “person” is a partnership, company, association, trust, or corporation, including each responsible person associated with such an entity; an estate; or an individual.”
So does this put the nix on Hollis vs Holder?
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If my fingerprints and photo are digitally on file in my state for my CHL (and all members of my trust), why do I have to notify my CLEO and submit all that stuff? “Common sense” would think they should be able to just ask the state for the information and my purchase of the Title II weapon should be fast tracked. Every bit of this is political.
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What does this do for form 4’s already submitted but not yet approved? Will those just be kicked back to the trustees or dealers?
How many sets of prints, how many notifications, how many background checks will it take to stop a non-problem? I’d be interested to know how many legally held NFA items have been used in crimes. The last figure I saw was two, and those were automatic weapons owned by cops. As has been said so many times before, it ain’t about guns, it’s about control.
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No, this will not affect any transfers currently in progress, nor will it affect any transfer that have already been approved.
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In Suffolk, Va. the Commonwealth Atty. has scared the Sheriff and the Chief of Police saying they could be sued if my Class C firearm gets into trouble. Therefore, YOU WILL NOT get a Class 3 in Suffolk, Va. which is B.S.
I welcome the FINGER PRINTS, PHOTO and NICS CHECK, that way I’ll get all the Cass 3 firearms I want without going to a lot of trouble,
work and expense…
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I have never been finger printed because Iam not a criminal and I do not want to submit to one! That is why I went the trust route.
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I’m just wondering. Does this definitely get rid of the CLEO for individuals? Some are saying yes, some no, and others just babbling about gun laws in general.
Is this the end of the CLEO and it becomes like applying for a C&R license, where you send in a notification when the paperwork is submitted and forget about it?
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While we’re still waiting for the formal (and finalized) version to be posted in the Federal Register, based on the document linked above, it would eliminate the CLEO signature requirement for all applicants (individuals and fictitious entities) and replace it with a CLEO notice requirement for all applicants.
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