Legal Issues

Law Shield: ATF Moves Back Proposed NFA Rule

U.S. Law Shield

U.S. Law Shield is reporting that ATF has delayed the effective date for a new proposed regulation — Rule ATF 41P — that could affect your ability to own a suppressor, short-barreled weapon, machine gun, or NFA-defined “any other weapon.” U.S. Law ShieldIn September 2013, the ATF proposed a rule that would require all “responsible persons” to receive Chief Law Enforcement Officer authorization to purchase NFA regulated items. If enacted as proposed, this rule could potentially put a halt to the purchase of all NFA-regulated items for all practical purposes.

After fierce opposition during the public commenting period, the ATF set a target date of June 2014 to publish the final rule.

U.S. Law Shield President Kirk Evans said, “We are glad to report that the ATF has pushed the final rule’s target publication date to January 2015. In the meantime, the law will continue to operate in the exact same fashion as it has been.” He said once the ATF publishes its final rule, the regulation will go into effect 30 days from publication at the earliest, or later if the ATF chooses an effective date after that.

Evans said, “Keep in mind this is a target date; the rule could be published early, or ATF could continue to delay its publication. U.S. Law Shield will keep gun owners informed of this situation and of any changes in the law that impact their firearm rights.”

  • Click here to read a full description of the proposed rule.
  • Click here to download a PDF of Law Shield’s comment to ATF in opposition to Rule ATF 41P.
  • Click here to read about setting up NFA trusts.
  • Click here to ask a confidential legal question of U.S. Law Shield or Texas Law Shield.

If Rule 41P is implemented, would your local “CLEO” sign off on your request to buy a new gun muffler or other NFA item? Let us hear your situation in the comment section.

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Comments (8)

  1. All NFA paperwork comes across my desk at my Sheriff’s Office. Upon completion of our background check I have the Sheriff sign it and then call the applicant to come get their paperwork. On average I have the paperwork back to the applicant in about 2 days.

  2. kansas is one of the friendliest states there is for gun ownersw ,kansas passed a law that states that unless there is a criminal background all cleo must ok suppressors short barrel guns etc.kansas has also now made the law of concealed carry and open carry and knifes uniform throughout the state all cities must abide by the new law.oh for you businessmen looking for a good business climate kansas has eliminated corporation taxes sub chapters, also a new law state that if you build a gun in kansas and you dont take it out of state its your to keep. no registration.governor brownback has been a blessing to the gun owners of kansas.

  3. Plain and simple, this is an attack on upstanding and accomplished citizens. For those that may not fully understand, this rule change is only directed at affecting living trusts, limited liability companies (LLC), and corporations. These types of entities are not required to certify everyone covered under them in the same stringent manner as an individual would in order to successfully purchase or possess a Title II (Class-III) weapon or item. But if the ATF gets their senseless way, it will dramatically change things for literally hundreds of thousands of people previously protected under trusts and corporations.

    Anyone that takes a closer look at this particular proposed rule change by the ATF knows it serves no other purpose than a political statement. It does nothing at all to curb gun violence at the street level. I do not pay the ATF to play politics with my tax dollars.

    I will always be in support of opposition to any expansion of government powers. All of the regulatory branches under the Executive Office are already out of control as it is. This administration continues to ignore the will of Congress by adding rash and senseless rules based on the political whims of their constituents rather than the practicality of things that really matter for everyone regardless of politics.

    We are so over regulated we are simply choking. I don’t believe people are fully aware of the exorbitant taxpayer costs associated with the procedural aspects of implementing rule after rule, year after year. With all the government staff, salaries, legal expenses, statute reprints, dissemination, court battles, and then actual regulatory effects on commerce… it’s just insane!

    So back to the issue… when’s the last time you saw a common street thug establish a trust or corporation so he could drop twenty-grand on a fully automatic weapon so that he could legally arm his gang for use in their illegal enterprises?

    This government’s level of stupidity is out of control and I just don’t think the average joe-citizen is as well read and aware as they should be.

  4. Yeah Pete, we’re all very envyous. You must have to pinch yourself every morning. I suppose I should probably persue the $200 stamp just because, while it’s still possible.

    1. Hey Bill, how are you an the wife doing? Don’t need to pinch myself (I’d look like I was beaten with a hammer) but I do give thanks for living in such a place as Alaska for the better part of each year. How’s Texas this summer?

  5. Cut to the bone: There are very few within CLEO community who do not have political conciderations; and thse conciderations are increasing in hostility towards any persons or organizations not directly employed within government.
    In this day and age the word Civilian is seperate from Civil in eyes of our CLEO, with citizen becoming a perjoritive term.
    Why ATF , at this time is moving towards a redefining of NFA powers is interesting, as the group most likely to br affected are those most likely of the my govrrnment right or wrong .
    The rules will bother a minority within gun culture andbthat grpup is outside of most gun ownrrs access ; Would not be out of line to see them soon revamp ownershop, tax and inheirtitance, as well restricting use of few select types of weapons.

  6. Unlike the lower 48 and its not worth bringing up Hawaii. Alaska still has proven faith in its population. Alaska still understands that a firearm, either a pistol, long gun or shotgun is a TOOL! It must be handled responsibly in a responsible manner. In Alaska the state does not and will not punish law abiding firearms owners because of issues with Drugs, gang violence, crime, mental health and those that show a blatant disregard for civilized laws. Instead we support our law enforcement agencies, watch out for our neighbors, protect our land and natural resources and are responsible members of the society and culture we live in. Our state laws as they pertain to the ownership of firearms are based in common sense and logic. We don’t require, need and certainly do not want our government officials to even think that they are in a position from either personal belief or political pressure that they can or should become restrictive and totalitarian with the people they serve and who placed them in office. Our firearm laws reflect the common sense, real world application of law for the people and by the people. Not the knee jerk, panic attack, demand for a temporary, short term sense of false security that accomplishes nothing. Alaska…..common sense applied fairly within a structure of laws that support the common cause and need. It used to be this way in the rest of what was once the United States but not for some time now.

  7. some one needs to tell the average American that if the police could protect them, there would be no crime. Every time you blame a gun for a shooting, you absolve the person doing the shooting of all responsibility and guarantee there will be more shootings. How does the federal government plan to stop importation of illegal firearms once the guns are outlawed when they can not stop illegal drugs?

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