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NFA Cleo signatures going away but Trusts and Corps get some changes

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Phantom:

--- Quote from: RobertH on February 12, 2013, 11:03:19 PM ---sorry im a little confused to your post... CHP has nothing to do with NFA.
--- End quote ---

Not everyone Understands what a NFA is or means


And this move seems to me it's just the Department of Justice wanting to close the NFA loop hole
so felons can't just form a trust and gain access and own firearms (semi) legally.

It's a round about thingi that i first noticed and though of back when i first started learning about what the term NFA meant and the suggestions on the best ways to do one.


Phantom     

CitizenClark:

--- Quote from: David Hineline on January 17, 2013, 07:17:45 PM ---I would expect this in place by summer time.

When govment changes a process legal notice like this needs be given for public review.  If no public outcry takes place then they proceed.  My memory says they have to open it for 90 days for public review but I remember things wrong and sometimes can't tell between dreams and reality.


--- End quote ---

See http://en.wikipedia.org/wiki/Notice_of_proposed_rulemaking#In_the_United_States

Josh Prince, an attorney in PA who works on gun trusts, notes that a nearly identical notice of proposed rulemaking was published in Fall 2011 and it didn't go anywhere: http://blog.princelaw.com/2013/01/15/cleo-signature-requirement-to-end-not-so-fast/ 

Here's the abstract for the previous proposed rule change:
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1140-AA43

CitizenClark:

--- Quote from: Phantom on February 13, 2013, 08:51:42 AM ---And this move seems to me it's just the Department of Justice wanting to close the NFA loop hole so felons can't just form a trust and gain access and own firearms (semi) legally.

--- End quote ---

Forming a trust does not make it legal (or "semi-legal") for a prohibited person to acquire NFA firearms or any other type of firearm.

dkarp:
I thought I had read somewhere else that the ATF was worried that somehow felons were being named in trusts, or they were getting around a bg check by doing this (don't know of any specific cases) and that the fingerprint/bg check would prevent this.....even though a felon still can't legally possess a firearm. Like they had no way (legally) to check on the persons named in the trust??? CoNfuSed.....

I guess I don't understand why an individual has to go through all this while a "responsible person" in a trust doesn't....aren't both a person?

Or do I not understand the difference between a trust, as a legal entity, vs an individual? Please enlighten me!

RobertH:
you still have to fill out a 4473 when you pick up your NFA firearm.  i think there was a felon in a trust, but did not get a background check and that made them really mad.  these changes are dumb, i do not like them.  there's no reason for a local LEO to be notified about Federal paperwork.

here are the differences, and i'm glossy over them pretty fast:
Trust - multiple people can be trustees and in possession of said firearms.  also good for passing on to next of kin.
Individual - CLEO approves transfer.  you must get photographs and fingerprinted.  ie... takes longer and costs more.

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