ATF 41P rule question

[unshelledpilot]

Hello All

I've been looking into creating a trust to procure future fun toys, and in my research on trusts, I found out about the ATF changing the rules on CLEO signoff for trusts and corps. Before anyone gives me guff about my "google-fu" I've done hours of research on this and still haven't found a definitive answer. I know the window for public comments closed December 2013. The impression I got from my research was that for a change of this type to take effect, Congress would have to amend the law (because of the way the NFA refers to trusts and corps). Is this true? What can I do to help put a stop to this stupidity?

 

[ryknoll3]

No, Congress doesn't have to change the law. This is exactly why they went through the process they did. The law governing NFA gives the Justice Department power to regulate the "workings" of the law and a lot of the process of registration and transfer. Whenever an agency that has regulatory power wants to change regulations, they formulate them and then publish them for a 90-day public comment period. After that expires, they have to respond to each public comment, and then they can either act on those comments by changing the regulatory changes they proposed, scrap the plans or make the changes they want.

They are currently in the response phase of the process. Once that is complete, if they decide to, they can publish the regulations and make the changes they proposed. No one knows for sure what will happen. It's assumed that nothing happens before next year, but we don't really know. It's assumed the regs will go forward because this is an anti-gun administration and the Justice Dept. has an anti-gun head (Holder). If the regulatory changes are made, affected parties can sue to have them blocked.

I think the best course of action is for people to push their state legislatures to pass "shall-sign" legislation, which would force local LEO's to act upon and sign your Forms as long as you are eligible. This way, even if the regulations go through, you won't have to worry about being blocked from legal NFA ownership by an anti-gun chief/sheriff.

 

[1371MARINE]

"anti-gun" chief/sheriff. that's an oxymoron. Or just a plain old MORON