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White House eyes 'gun trust' loophole
Burnsy87:
I got two Form 4's in the system. I'll be beyond irate if they get kicked back to me due to the use of a Trust.
Rick is right. FBHO.
David Hineline:
This is not new, this has been in the work for years, BATFE has never liked trusts because a firearm transfers with no background check of a person, they worked with a group called NFATCA which is the NFA firearms industry lobby, http://www.nfatca.org/
and this is what was come up with.
I posted this info in Feb.
http://nebraskafirearms.org/forum/index.php/topic,7093.0.html
Mntnman:
Um, they wouldn't need one republican vote to get it through the senate, but republicans killed it. Hmmm-mmm.
CitizenClark:
--- Quote from: David Hineline on August 23, 2013, 12:37:41 AM ---This is not new, this has been in the work for years, BATFE has never liked trusts because a firearm transfers with no background check of a person, they worked with a group called NFATCA which is the NFA firearms industry lobby, http://www.nfatca.org/
and this is what was come up with.
I posted this info in Feb.
http://nebraskafirearms.org/forum/index.php/topic,7093.0.html
--- End quote ---
Yes, we discussed the notice of proposed rulemaking before. This article is new, however, as is the tidbit about the NPRM advancing to the 60-day review stage of the rulemaking process as of Tuesday. Another new tidbit that we didn't have before is the information about a notice going to CLEOs on all NFA transfers (presumably once the CLEO sign-off is done away with).
Also, I'm not sure what you mean by the assertion that there is no background check on a trust transfer. There is, just not a fingerprint-based check. See 9.12.1 of the NFA Handbook:
--- Quote ---"9.12.1 NFA Transfers to other than individuals. Subsequent to the approval of an application requesting to transfer an NFA firearm to, or on behalf of, a partnership, company, association, trust, estate, or corporation, the authorized person picking up the firearm on behalf of, a partnership, company, association, trust, estate, or corporation from the FFL must complete the Form 4473 with his/her personal information and undergo a NICS check. See also, question P60 in the ATF FAQs."
--- End quote ---
Finally, the fact that the eForms changes that just rolled out make it advantageous to use a trust (since individual transfers requiring fingerprints and photographs can't go through the electronic system, presumably because ATF wants original copies of fingerprint cards) seems to run counter to the idea that ATF "has never liked trusts." Why shave two months (the current time to go pending on a paper application) off the process for trust transfers and transfers to business entities if they are interested in actively discouraging the use of trusts?
CitizenClark:
--- Quote from: bkoenig on August 22, 2013, 04:39:35 PM ---I wonder how this will affect existing trusts.
--- End quote ---
It is impossible to say for sure without seeing the actual wording of the proposed rule changes.
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