Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Obama Misses the Mark with Overbroad NFA Background Check Proposal

Friday, September 6, 2013

On August 29, the White House announced what it claimed was a “common sense” executive action to “keep the most dangerous firearms out of the wrong hands.”  According to the official press release, prohibited persons are able to avoid background checks on machine guns and other classes of firearms heavily regulated under the National Firearms Act by registering those firearms to trusts or corporations.  The Bureau of Alcohol, Tobacco, Firearms and Explosives was therefore said to be issuing a proposed regulation to close this supposed loophole and require “individuals associated with trusts or corporations that acquire these types of weapons to undergo background checks, just as these individuals would if the weapons were registered to them individually.” 

Unfortunately, the proposed rule now posted on BATFE’s website is hardly “common sense” and instead displays the Obama administration’s typical knee-jerk anti-gun bias and instinct to further burden and discourage lawful gun ownership.  The firearms at issue in the rule are already covered by stringent federal regulations that require federal authorization, and special taxes for manufacture and transfer.  While they can be registered to trusts or corporations (just as any lawful property can be owned by a trust or corporation), this does not change the fact that people who are prohibited from possessing firearms cannot receive or handle NFA firearms without violating current law.  The idea that someone who wishes to obtain firearms for criminal purposes would pay for the creation of a trust, spend $10,000 or more to obtain any of a dwindling number of machine guns already in the NFA registry and available for civilian transfer, pay a $200 transfer tax on that firearm, register it with the federal government, and wait six or more months to take delivery is simply laughable. 

The White House press release attempts to justify this proposal by asserting that in 2012 alone, BATFE “received more than 39,000 requests for transfers of these restricted firearms to trusts or corporations.”  Yet BATFE does not cite even one instance in which any of those registered firearms was used to commit a crime.  Instead, BATFE’s proposal cites a case in which it denied a transfer of a silencer to an individual who it determined was ineligible to possess a regulated firearm and then denied a subsequent transfer to a trust created by the same person.  This near miss (which obviously was caught under existing regulations and resulted in harm to no one—unlike the Obama-Holder Justice Department’s own activities in the “Fast and Furious” operation) is the pretext on which the administration now proposes to enact far-reaching requirements that by its own reckoning would affect tens of thousands of other transfers that did not raise any red flags whatsoever. Simply requiring more red tape, as the proposed rule would, does not address the reality that the most dangerous and determined criminals will always be one at least step removed from whatever process is imposed upon the law-abiding.

The NRA will be releasing a more detailed response to BATFE’s proposed rule once the formal comment period is underway.  In the meantime, we strongly support the right of peaceable, law-abiding persons to acquire these highly regulated firearms in the way that best suits their particular circumstances, whether through individual transfers or the registration of the firearms to a legal entity such as a corporation or trust.   We look forward to working with the NFA community in the long process of changing or stopping this proposal.  Finally, we urge the Obama administration to rethink its misguided policy of gun control by any means possible, and instead seek real solutions to real dangers by focusing on those who actually commit crime.



TRENDING NOW
Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

Rhode Island:  Gun Bans On Tap In Providence Next Week

Friday, April 3, 2026

Rhode Island: Gun Bans On Tap In Providence Next Week

On Wednesday April 8, the House Judiciary Committee will meet in the House Lounge at 4 p.m. to launch an historic attack on our Second Amendment rights. 

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

News  

Monday, April 6, 2026

Social “Science” Replication Crisis Shows Danger Field Poses to Public Policy

Gun rights supporters know that civilian disarmament advocates have long employed dubious social “science”/public “health” research in their mission to strip Americans of their Second Amendment rights.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

Thursday, April 2, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

The National Rifle Association joined the Second Amendment Foundation, American Suppressor Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and ...

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

Friday, April 3, 2026

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

On Thursday, April 2nd, Governor Andy Beshear vetoed two pro-gun bills, House Bill 78 and House Bill 312.

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

Thursday, April 2, 2026

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

On Wednesday, April 1st, Governor Patrick Morrisey signed House Bill 4106, expanding constitutional carry provisions to 18-20 year olds.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.