ATF Releases Open Letter to CLEOs Regarding ATF 41F

On May 25, 2016 ATF released an Open Letter to Chief Law Enforcement Officers regarding ATF 41F. The letter can be found here. The letter briefly describes some of the changes that will occur after the rule is implemented. Of note is the notification requirements for the CLEO. In short, all legal entities will be required … Continue reading ATF Releases Open Letter to CLEOs Regarding ATF 41F

411 on the Final Rule in relation to ATF-41P

Last night around 11 PM, we broke the story of ATF's publication of a new final rule in relation to ATF-41p.  As many of our viewers know, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., spearheaded the opposition to ATF-41p but what does the preamble to the final rule and the final … Continue reading 411 on the Final Rule in relation to ATF-41P

Attempt to Prevent ATF-41p and to Fund Federal Firearms Relief Through Omnibus Appropriation Bill Failed

As many of our viewers are aware, we were closely following H.R. 2578, as it contained two pro-Second Amendment provision, namely Amendment 302 and Amendment 320. Amendment 302 provided “that such funds appropriated for BATF shall be available to investigate or act upon applications for relief from Federal firearms disabilities under United States Code” Amendment … Continue reading Attempt to Prevent ATF-41p and to Fund Federal Firearms Relief Through Omnibus Appropriation Bill Failed

ATF-41P Update

Recently, ATF-41P's final action date was changed from December 2015 to January 2016, prompting a lot of speculation and concern, especially in light of President Obama's announcement of 2,224 new proposed rules, which he hopes to implement prior to his departure. As many of our viewers are aware, Firearms Industry Consulting Group® (FICG®), a division … Continue reading ATF-41P Update

A Round Table Discussion with ATF

Having had the opportunity to sit around a table with different members of ATF, a few different things were learned. And don't worry, the cartoon doesn't reflect the attitude of those I spoke to. NFA Branch In regards to the NFA Branch and processing times, it appears that they are aiming for a processing time … Continue reading A Round Table Discussion with ATF

Roses are Red, Violets are Blue, You’re a Trustee, So No Background Check For You!

In late March, I wrote an article questioning whether ATF directed FFLs to abuse the NICS system in “requiring” a background check on a trustee to be performed on the transfer of a silencer to a trust. Furthermore, I contended that a Pennsylvania FFL who utilized the PICS system to perform such a check was … Continue reading Roses are Red, Violets are Blue, You’re a Trustee, So No Background Check For You!

Has ATF Directed FFLs to Abuse the NICS System?

It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed to Dakota Silencer, ATF explained: The term "person" is defined by the GCA at 18 U.S.C. § 921(a)(1), to include "any individual, corporation, company, … Continue reading Has ATF Directed FFLs to Abuse the NICS System?

At What Age Can Someone Establish a NFA Gun Trust?

Recently a client asked at what age a person in Pennsylvania could establish a revocable trust to hold firearms regulated under the National Firearms Act (the "NFA"). The answer is eighteen years of age. First, although federal law requires an individual to be twenty-one to purchase a firearm (other than an ordinary shotgun or rifle) … Continue reading At What Age Can Someone Establish a NFA Gun Trust?