Shall Sign Legislation-NFA

[jmoney]

With the upcoming rule change, trusts and corporations will unlikely be a safe avenue for persons wishing to legally purchase NFA restricted items. I find it highly doubtful that the ATF will exclude the upcoming CLEO certification for trust forms, especially since their new 41p form draft shows the line for their signature. Furthermore, the rule change appears to be done just to irritate responsible gun owners since none of the rule change really effects criminal enterprise in any fashion whatsoever.

Numerous states have now passed shall sign legislation. This legislation compels the CLEO to sign off on NFA documents unless the candidate does not meet one of the normal bars to firearm ownership. There is absolutely no reason why we should not have such a bill in Texas.

My question is:

(1) Is anyone aware of such a bill already in preparation for the next session?
(2) If not, who can I get in touch with to help get this done. I have a few more weeks twiddling my thumbs while I wait for bar exam results and am more than happy to help get this moving, if I can be of assistance.

[winters]

what upcoming rule change? they have been screwing around with the nfa stuff for over a year now.I haven't heard of any shall sign legislation for nfa items?

[jmoney]

The upcoming rule change, which will probably go into effect Jan 1, will require CLEO sign off for trust and corporations, just like a personal application.

Arizona, Kentucky, Kansas, and Utah have now passed shall sign legislation to prevent CLEOs from continuing to refuse signature of NFA forms for their own personal reasons. I also believe the Oklahoma legislature overruled the governor's veto of the bill there.

[Dadtodabone]

The upcoming rule change, which will probably go into effect Jan 1, will require CLEO sign off for trust and corporations, just like a personal application.

Arizona, Kentucky, Kansas, and Utah have now passed shall sign legislation to prevent CLEOs from continuing to refuse signature of NFA forms for their own personal reasons. I also believe the Oklahoma legislature overruled the governor's veto of the bill there.

RIN Data

DOJ/ATF RIN: 1140-AA43 Publication ID: 2012

Title: Background Checks for Principal Officers of Corporations, Trusts, and Other Legal Entities With Respect to the Making or Transferring of a National Firearms Act Firearm
Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. The proposed regulations would (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.
Agency: Department of Justice(DOJ) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 27 CFR 479
Legal Authority: 26 USC 7805

Legal Deadline: None

Timetable:

Action

Date

FR Cite

NPRM 07/00/2013


Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: No Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact:
Brenda R. Friend
Attorney
Department of Justice
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Avenue, NE.,
Washington, DC 20226
Phone:202 648-7070

[jmoney]

That is what they requested.

Instead the ATF decided

Under the proposed rule, a legal entity would be required to complete the following steps in addition to completing the applicable Form 1, 4, or 5 before it is permitted to make or receive an NFA firearm:
1. Complete and submit proposed Form 5320.23 for each responsible person;
2. Submit fingerprints, photographs, and CLEO certificate for each responsible person; and
3. Submit a copy of the documentation that establishes the legal existence of the legal entity.
In addition, under the proposed rule, information required on the existing ATF Form 5330.20 would be incorporated into the ATF Forms 1, 4, and 5.

ATF disregarded that request completely and instead just asked for "public comment" which is now closed and under review. Because it is unlikely that ATF will get rid of the of CLEO requirement, and the newly circulated form 41p draft is already showing the signature spot for CLEO, I once again ask what I did originally.

[Bladed]

With the upcoming rule change, trusts and corporations will unlikely be a safe avenue for persons wishing to legally purchase NFA restricted items. I find it highly doubtful that the ATF will exclude the upcoming CLEO certification for trust forms, especially since their new 41p form draft shows the line for their signature. Furthermore, the rule change appears to be done just to irritate responsible gun owners since none of the rule change really effects criminal enterprise in any fashion whatsoever.

Numerous states have now passed shall sign legislation. This legislation compels the CLEO to sign off on NFA documents unless the candidate does not meet one of the normal bars to firearm ownership. There is absolutely no reason why we should not have such a bill in Texas.

My question is:

(1) Is anyone aware of such a bill already in preparation for the next session?
(2) If not, who can I get in touch with to help get this done. I have a few more weeks twiddling my thumbs while I wait for bar exam results and am more than happy to help get this moving, if I can be of assistance.

This doesn't exactly answer your question, but it kind of builds on your proposed solution: http://nfafa.org/atf41p.cfm" onclick="window.open(this.href);return false;