Explore The NRA Universe Of Websites

APPEARS IN News

BATFE Solicits Comments on Poorly-Conceived NFA Transfer Proposal

Friday, October 11, 2013

As we previously reported, the Obama administration, via the Bureau of Alcohol, Tobacco, Firearms and Explosives, has proposed a new rule governing applications by legal entities such as trusts and corporations to make and transfer National Firearms Act (NFA) firearms.  To justify the proposed rule, the administration and BATFE have stated that over 39,000 applications for transfers of NFA firearms to trusts or corporations were received in 2012 alone.  Nevertheless, the agency cited not a single case in which an NFA firearm transferred to a legal entity was used in the commission of a crime.   

The proposed rule would significantly complicate transfers of NFA firearms to legal entities. An especially burdensome provision, for example, would create new classes of "responsible persons" for each type of legal entity and require that each of these persons submit fingerprints and a photograph with a transfer or making application, as well as undergo a background check.  BATFE seems to ignore or misunderstand that many NFA firearm owners choose to use trusts to hold their NFA firearms and other property for estate planning reasons, one of which is to simplify the transfer of the firearms to the heirs of the owner. Thus, children, including those who are very young, are often beneficiaries of trusts.  The proposed rule seemingly would require even such children to be included in its expanded background check procedures.

Further complicating the transfer process, the proposed rule would require each "responsible person" of a legal entity to get a certificate or "sign-off" from a chief law enforcement officer (CLEO) before a transfer could be approved.  Not only will this further tie up limited government resources by potentially requiring multiple sign-offs and background checks to be done for each transfer, it will allow CLEOs who refuse to process NFA transfers for even the most law-abiding of citizens effectively to veto the transfer.  In these CLEOs' jurisdictions, the proposed rule would act as a de facto ban on the otherwise perfectly lawful transfer of NFA firearms. 

BATFE is now seeking comments on the proposed rule and has made multiple commenting options available.  NRA encourages you to make thoughtful and respectful comments to BATFE on the proposed rule. To comment, there are several options available:

Through the federal eRulemaking Portal;

By fax to:  
(202) 648-9741; or

By mail to: Brenda Raffath Friend, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226; ATTN: ATF 41P.

All comments must include the agency name, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the proposed rule's docket number, ATF 41P.  The federal rulemaking website has tips on writing an effective comment that covers what agencies look for in the rulemaking process.  Written comments must be postmarked and electronic comments submitted on or before December 9, 2013.  The electronic submission site will close at 11:59 p.m. Eastern Time on December 9th.  Please note that all materials submitted for comment, including personally identifying information, will be made available to the public on the federal rulemaking website.  Note, too, that comments will continue to be accepted during the government shutdown.

BATFE has already received over 1,200 comments regarding the proposed rule.  We hope that the number and quality of comments in opposition to the proposed rule will encourage BATFE to abandon this poorly conceived rule, that will have zero impact on public safety, in favor of effective measures that truly target the criminal perpetrators who commit crimes.

TRENDING NOW
Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

One Big Beautiful Bill Clears Senate, and Heads Back to House

News  

Tuesday, July 1, 2025

One Big Beautiful Bill Clears Senate, and Heads Back to House

Earlier today the U.S. Senate passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, and “any ...

U.S. House Sends Reconciliation Bill to President Trump

News  

Second Amendment  

Thursday, July 3, 2025

U.S. House Sends Reconciliation Bill to President Trump

NFA Tax on Suppressors, Short-Barreled Firearms, and Other Arms Reduced to $0

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

News  

Saturday, June 28, 2025

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

Overnight, the U.S. Senate added pro-gun tax relief language back into the Reconciliation bill after the Senate Parliamentarian struck out an earlier provision.  While this new provision is not as expansive as the language we advocated for which ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

News  

Monday, June 30, 2025

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

Just over an hour away from the state capitol in Lansing, Michigan – even as lawmakers worked feverishly to pass various gun control measures, including expansion of “gun free” zones – a chilling reminder unfolded of the ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

Canada’s Big Ugly Gun Grab: An Update

News  

Monday, June 30, 2025

Canada’s Big Ugly Gun Grab: An Update

Canada’s Liberal government is pressing on with its harebrained gun ban and confiscation program for “assault style weapons,” but, true to form and precedents, it has been far from smooth sailing.

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

News  

Monday, June 30, 2025

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

The U.S. Senate has cleared a number of procedural hurdles and is preparing to vote on the One Big Beautiful Bill. This vote will likely come within the next day. The One Big Beautiful Bill includes ...

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.