Yesterday, the BATFE issued their ruling on the so-called 41P Notice of Proposed Rule Making regarding NFA transfers. Timing of the release was critical to ensure it was ready for President Obama’s announcement today of anti-2A Executive Action. 

I was up into the wee hours reading this 248 page ruling. I was also on the phone with the ASA so kudos to them for getting this together. While the dreaded CLEO signature is indeed gone, it’s bittersweet. Corporations which own NFA items in particular are going to have a rough time dealing with the new regulatory requirements. And, use of a trust will become equally painful. Additionally, I’m not comvinced the change in the CLEO’s role in this process is enough to prevent reluctant CLEO’s from holding up transfers. At any rate, I expect this to cuase a panic buy of NFA items as we have 180 days from the time this change is published in the Federal Register until it takes effect.

I urge you to read the entire ruling because it references the thousands of comments the government received when it opened the proposed rule change up. www.atf.gov/file/100896/download

Written by ASA on January 5, 2016
WASHINGTON, D.C. – On Monday, January 4th, the Obama administration issued the final rule for Docket No. ATF 41P, the Notice of Proposed Rulemaking (NPRM) published on September 9th, 2013. The final rule has multiple provisions, most notably the elimination of the CLEO certification requirement for all NFA applications. The NPRM initially sought to amend the making and transfer process for National Firearms Act (NFA) firearms by extending the Chief Law Enforcement Officer (CLEO) certification requirement for all NFA transfers to private persons, including those conducted by a trust or legal entity. Had this measure been enacted as drafted, it would have resulted in widespread de facto bans of NFA items in jurisdictions where CLEOs refuse to sign applications. To prevent this scenario, the American Suppressor Association (ASA) rallied the suppressor community by leading the charge to submit comments in opposition to the proposed rule. In all, over 9,500 comments were submitted to the Federal Register, virtually all of which opposed the proposal to expand CLEO certifications.

“Since the announcement of ATF 41P, the American Suppressor Association has spearheaded efforts alongside partner organizations on the State and Federal levels to block the expansion of CLEO certification requirements,” said Knox Williams, President and Executive Director of the ASA. “For the first time in 82 years, local law enforcement will no longer have de facto veto power over any NFA applications. While their inclusion in the process made sense in 1934, before background checks, or even computers existed, the removal of this antiquated measure from the NFA process is a major victory for the suppressor and NFA communities.”

In addition to removing the CLEO certification requirement, the rule creates a mandatory CLEO notification process, and establishes a definition for the term “responsible person” in relation to NFA trusts and legal entities. It also requires that the trust or legal entity provide complete proof of existence, and that all responsible persons associated with the trust or entity submit photos and fingerprint cards with each NFA application, unless the applicant entity has had an application approved within the past two years, and has had no change in structure or personnel. The final rule will not apply to pending or previously approved applications, and is set to take effect 180 days after it is published in the Federal Register. This will occur on or near July 2nd, 2016.

Although the elimination of the CLEO certification requirement is a victory for the suppressor community, the ASA still believes that suppressors should be removed entirely from the NFA. To accomplish this goal, we are working closely with Rep. Matt Salmon (AZ-05) to pass the Hearing Protection Act (H.R. 3799, S. 2236). The HPA will remove suppressors from the onerous requirements of the NFA, and instead require purchasers to pass an instant NICS check, the same background check that is used during the sale of long guns. In doing so, law-abiding citizens will remain free to purchase suppressors, while prohibited persons will continue to be barred from purchasing or possessing these accessories. To contact your legislators in support of the HPA, please visit our Hearing Protection Act legislative contact form.

www.americansuppressorassociation.com

For too long we’ve seen legislation move closer and closer toward banning firearms.  It’s great to see the American Suppressor Association take the opposite tack and move the goal posts toward less regulation.  In particular, the classification of suppressors as NFA items is particularly shortsighted considering their value in protecting the hearing of gun owners and bystanders alike.  And let’s not forget our pets and working animals who may be exposed to shooting.  

WASHINGTON, D.C. – The American Suppressor Association (ASA) is pleased to announce the introduction of the Hearing Protection Act (HPA) by Rep. Matt Salmon (AZ-05). This historic piece of legislation will remove suppressors from the purview of the National Firearms Act (NFA), replacing the antiquated federal transfer process with an instantaneous NICS background check. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.

“The American Suppressor Association believes that citizens should not have to pay a tax to protect their hearing while exercising their Second Amendment rights,” said Knox Williams, President and Executive Director of the ASA. “The removal of suppressors from the National Firearms Act has been our ultimate goal since day one. For months, we have worked alongside Rep. Salmon’s office and the National Rifle Association to craft this legislation. Although we recognize that introducing this bill is the first step in what will be a lengthy process to change federal law, we look forward to working with Rep. Salmon and the NRA to advance and ultimately enact this common-sense legislation.”

Also known as silencers, suppressors are the hearing protection of the 21st century sportsman. Despite common Hollywood-based misconceptions, the laws of physics dictate that no suppressor will ever be able to render gunfire silent. Suppressors are simply mufflers for firearms, which function by trapping the expanding gasses at the muzzle, allowing them to slowly cool in a controlled environment. On average, suppressors reduce the noise of a gunshot by 20 – 35 decibels (dB), roughly the same sound reduction as earplugs or earmuffs. In addition to hearing protection, suppressors also mitigate noise complaints from those who live near shooting ranges and hunting lands.

Unfortunately, suppressors have been federally regulated since the passage of the National Firearms Act of 1934. The NFA regulates the transfer and possession of certain types of firearms and devices, including suppressors. Currently, prospective buyers must send in a Form 4 application to the ATF, pay a $200 transfer tax per suppressor, undergo the same background check that is required to purchase a machine gun, and wait months for the ATF to process and approve the paperwork. In stark contrast, many countries in Europe place no regulations on their purchase, possession, or use.

Rep. Salmon’s Hearing Protection Act will fix the flawed federal treatment of suppressors, making it easier for hunters and sportsmen to protect their hearing in the 41 states where private suppressor ownership is currently legal, and the 37 states where hunting with a suppressor is legal. This legislation will remove suppressors from the onerous requirements of the NFA, and instead require purchasers to pass an instant NICS check, the same background check that is used during the sale of long guns. In doing so, law-abiding citizens will remain free to purchase suppressors, while prohibited persons will continue to be barred from purchasing or possessing these accessories.

www.AmericanSuppressorAssociation.com

Speaking of proposed rule changes by the Obama Administration, the American Suppressor Association has announced that Congress has taken matters into their own hands regarding the proposed 41P rule change which would change how the BATFE handles trust and corporate ownership of NFA items.

On June 3rd, the U.S. House of Representatives approved the fiscal year 2016 Commerce, Justice, Science (CJS) Appropriations bill, H.R. 2578 by a margin of 242 – 183. H.R. 2579 included an American Suppressor Association-backed provision to prevent an expansion of the Chief Law Enforcement Officer (CLEO) certification requirement for certain transfers of suppressors and other NFA items. The full release as follows:

On June 3rd, the U.S. House of Representatives approved the fiscal year 2016 Commerce, Justice, Science (CJS) Appropriations bill, H.R. 2578 by a 242 – 183 margin. Included in H.R. 2578 is an American Suppressor Association backed provision to prevent an expansion of the Chief Law Enforcement Officer (CLEO) certification requirement for certain transfers of suppressors and other National Firearms Act (NFA) items.

In 2013, the Obama Administration issued an executive action that seeks to amend the transfer of firearms and suppressors under the National Firearms Act of 1934 (NFA). Known as ATF 41P, the Notice of Proposed Rulemaking (NPRM) is still awaiting Final Action. The proposal includes an amendment to require a CLEO certification for all NFA transfers to non-licensees, including those conducted by a trust or legal entity. Under current law, only individuals who purchase NFA items are required to obtain a CLEO certification as part of the Federal process.

41P represents a curious reversal in the Administration’s own position. In 2011, the ATF recommended eliminating the CLEO certification altogether. In fact, according to their own proposal, they wanted to “eliminate the requirement for a certification signed by the CLEO.”

When the National Firearms Act of 1934 was signed into law, computerized background checks did not exist. At that time, the CLEO certification was the only way that individuals applying for a transfer of an NFA item could be vetted. Since 1934, technology has come full circle, making the subjective approval from local Law Enforcement no longer an enhancement to public safety.

According to the proposed amendments, “ATF conducts its own background checks of individuals applying to make and receive NFA firearms. In addition to transmitting fingerprints to the FBI for a criminal history check, ATF routinely queries the following databases and indexes:

Given the already extensive background checks currently in place, the expansion of CLEO certifications will not enhance public safety in any way. Instead, it will only serve to create hardships for collectors, manufacturers, and licensed dealers.

If enacted, 41P would result in a de facto ban on NFA transfers in many jurisdictions, jeopardizing thousands of jobs supported by the manufacturing and sale of such items, as well as the liberties of millions of law abiding citizens. With suppressors accounting for the overwhelming majority of NFA transfers, fighting this politically motivated executive action has remained one of ASA’s top priorities since it was announced.

The American Suppressor Association would like to thank Rep. John Carter (R-TX) for championing this amendment to protect the suppressor industry and the rights of the law abiding citizens of this country. We call on House and Senate negotiators to keep this language intact in the final bill.

americansuppressorassociation.com/amendment-to-block-executive-action-atf-41p-passes-u-s-house

In addition, the NRA-ILA has released further information related to the current issue – www.nraila.org/articles/20150605/elections-matter-pro-second-amendment-house-stands-up-for-your-rights-in-funding-bill