I know we've all seen it, but I thought it would be prudent to post it anyway.
http://www.examiner.com/article/deadline-fast-approaching-for-comments-on-nfa-trust-rule-change-proposal?CID=examiner_alerts_article Deadline fast approaching for comments on NFA trust rule change proposalRule change comment posters note ATF proposals will exceed their authority, burden gun owners and not enhance public safety.
David CodreaGun Rights Examiner
December 6, 2013
With closure of the comment period for proposed National Firearms Act rulemaking changes by the Bureau of Alcohol, Tobacco, Firearms and Explosives fast approaching a Dec. 9 deadline, attorney Glenn Bellamy on Thursday submitted an exhaustively researched set of concerns to ATF’s Office of Regulatory Affairs in Washington.
“I drafted ... a set of comments pointing out foreseeable problems with other legal entities (corporations and LLCs) and the broader legal vulnerabilities in not eliminating the Chief Law Enforcement Officer certification requirement altogether,” Bellamy told this column.
The changes, discussed in a series of Gun Rights Examiner reports since ATF first announced its proposal in August, would affect the way NFA gun trusts, legal entities through which NFA firearms can lawfully be owned, are established.
“The proposed regulations would,” according to the Office of Information and Regulatory Affairs, “(1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; (3) require that a copy of all applications to make or transfer a firearm be forwarded to the chief law enforcement officer (CLEO) of the locality in which the maker or transferee is located; and (4) eliminate the requirement for a certification signed by the CLEO."
That statement caused no small amount of confusion.
“ATF does not propose to eliminate the CLEO certificate requirement at this time,” the Federal Register notice clarified. “Rather, ATF proposes extending the CLEO certificate requirement to responsible persons of a legal entity. ATF also proposes amending the language of the certificate to omit the requirement that the certifying official state that he has no information that the applicant or transferee will use the firearm for other than lawful purposes.”
That extension is a major issue that has those in the gun trust community concerned.
Bellamy’s comments, written in consultation with, and endorsed and co-submitted by four other practicing attorneys, noted that while the proposed amendments include some “important and useful clarifications ... the remainder ...takes several backwards steps, which increase costs ... provide no discernible benefit to public safety, and, in the case of firearm noise suppressors (‘silencers’), arbitrarily impedes access to important hearing protection equipment.”
Bellamy summarized “ways in which the proposed regulations fail to actually address the statute’s objectives ... how the proposed regulations exceed ATF’s statutory authority [and] alternate ways ... without such failings.”
Significantly, he also requested “an opportunity to comment orally at a public hearing on the proposed rule and amendments.”
Interested readers can click here to read Bellamy’s complete arguments and recommendations. Supplemental attachments to his comments include Exhibit A (ATF’s “Firearms Commerce in the United States” report that he filed with his proposed rule amendment comments) and Exhibit B (“The Right to Keep and Bear Arms Report of the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate Ninety-Seventh Congress Second Session”) which can be read at this link.
Using the comments submitted by Bellamy and his colleagues, information provided on the Prince Law Offices, P.C. blog and guidance offered at the Gun Trust Lawyer website will help ensure submitted comments are informed and effective, particularly if a need later arises to challenge an enacted rule that disregarded valid concerns. In addition, The Firearms Coalition shared its comments on the rule change, and John Pierce of Monachus Lex presented a list of nine brief suggested comments for interested parties to adopt.
Why is this important, and of concern for all gun owners, not just NFA firearm collectors and those involved with gun trusts? All gun regulations affect all Americans. Many gun owners don’t hunt. Others will never own a “black rifle.” Concealed carry permit holders may never wish to open carry. But when one group needs aid, the others ignore them at their peril, for reasons stated by Mr. Franklin, who noted the need for people with diverse interests and backgrounds, but with a common interest in survival, to hang together.
Those wishing to submit a formal comment may do so on the Regulations.gov website, noting at this writing there are only three days remaining until the comment period ends (“Written comments must be postmarked and electronic comments must be submitted on or before December 9, 2013. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.”)
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