NFATCA Report: V18N3

By John Brown

What is Happening to NFA Trust and Corporate Transfers?

Many of you are aware of the circumstances where our work was manipulated and turned against us in our effort to rid the industry of an archaic process requiring the Chief Law Enforcement signature on securing the transfer of any NFA item on Forms 1, 4 and 5. Our work and negotiations were turned against us and manipulated into requirements that were never on the table for negotiation.

The introduction of the notice of proposed rule-making (NPRM) in 41P was a turning point in this administration’s effort to enforce unnecessary controls in the NFA world that will neither increase or improve any results in public safety; a key objective of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE).

Through numerous meetings, and having reached an agreement to rid the NFA industry of the CLEO signature, the Department of Justice, under this administration, decided to take unexpected measures to harm the industry. An idea to appoint a responsible person under a trust or a corporate entity turned into requirements that would damage, beyond repair, a simple concept that would insure that entities would have one responsible person to insure that prohibited persons could not be protected under the guise of the entity. That being said it is simple to understand that our original concept was bushwhacked and turned into a nightmare by the administration’s efforts.

Thankfully over nine thousand of our loyal supporters took the time and made the effort to submit great arguments against 41P and explain to the Federal Government that this effort would accomplish nothing to insure public safety. Organizations such as the NRA, the NSSF, and ASA submitted strong evidence and arguments against the deployment of such a useless NPRM. The tremendous response has now delayed any response or implementation of 41P until June. What has to happen now is a responsibility that every NFA owner must take on to further fight this onslaught of further government control.

All of us must now reach out to our Congressional representatives to further strengthen our position of opposition to 41P. In many of the responses that were submitted one factor was clear: the deployment of 41P would serve absolutely no useful purpose and is impossible to deploy. The most important factor that has been brought to DOJ’s attention is the almost immeasurable cost of such a ruling. Additionally, it would nearly kill the NFA industry and the many stories of success for small businesses. The impact on small business is a fact that can’t be ignored. In a stagnant economy this type of ruling and its impact on small business is a major consideration; especially to government agencies like the Small Business Administration who are struggling to keep small business strong in support of the economy.

With over nine thousand responses one would think that this would make a major impression on DOJ. The simple truth is our responses are not enough. Every one of us must make plans to contact Congressional and Senatorial personnel and make the case that 41P will not work. The NFATCA’s plans include working closely with the NRA and other organizations and contacting these personnel, making our case, and having these personnel support our cause at the Congressional level. This follows the lines of contacting firearm friendly Democrats and Republicans. Once we make these contacts, we will support these personnel at making this case for denying the approval of 41P at the highest levels in government. Securing this level of support and making demands on defining the costs and impacts on such a ruling will enforce the lack of credibility of 41P. It is critical that you arm yourself with the facts that are available on our web site as well as those supported by the American Silencer Association and other powerful organizations like the NRA or the NSSF.

Getting this accomplished will require not just the efforts of the NFATCA or the NRA but every member of these organizations on an individual basis. If all 1,000 members of the NFATCA or just 10% of the NRA membership sought the support of a Congressional representative, the “push back” would be phenomenal. That initiative requires action and a sense of intention like we have never seen in the NFA industry. Once again I will remind you that, “United We Stand, Divided We Fall.”

Regardless of what you have read or believe, it is time to put aside your differences and fight for protecting all of our NFA rights.

The NFATCA stands for all NFA owners’ rights and we will fight to do whatever it takes to win this initiative. Whether you are one of our 1,000 members or you enjoy membership in another organization that better suits your needs, this is an issue we must all fight together. Put aside your differences and understand that we all have one objective in mind; “To protect the NFA industry” from government intervention that does nothing for public safety.

This initiative will require you to take the time to write, go and meet with your Congressman and help them understand the uselessness of 41P. It’s time to not sit back and participate in another blog slandering the efforts of the NFATCA or an individual. It is time for you to stand up for what you believe in and make a difference with muscle that you voted for. Contact your congressman today and help us take on this initiative with the strength and the support that we all need. Join the fight today in support of all NFA owners.


This article first appeared in Small Arms Review V18N3 (June 2014)
and was posted online on March 21, 2014


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