Posted on 02/24/2016 5:36:46 AM PST by w1n1
After the new ATF rule affecting gun trusts was signed into law on January 4 2016, I quickly turned to my newly published book, Infringed, to see how much of the information would now be out of date. I devoted several chapters to explaining the possession and transfer of National Firearms Act (NFA) firearms and the benefits of gun trusts.
After reviewing all of the chapters with gun-trust specific information, I smirked to myself. Only one paragraph out of the entire book would need to be updated. Like much of the current gun-control measures, the new gun-trust loophole rule doesn't accomplish much except to cause spontaneous, enthusiastic applause from those who believe the rhetoric.
It was asserted that Rule 41F will prevent gun violence, because it will require background checks "for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity."
The problem is, every person who uses a trust to purchase a firearm has always - even before this new rule - undergone a background check by completing Form 4473 at the dealer's office, just as with every other gun purchase in America. It is also worth noting that criminals do not create gun trusts or submit paperwork to the ATF to purchase a firearm. Even more, in a properly drafted gun trust, the trust terms specifically prohibit the transfer of firearms to anyone who is prohibited under federal, state or local law from possessing a firearm. In fact, one of the primary reasons I draft gun trusts for my clients is to help gun owners and their families obey the gun laws by working within the confines of our government's parameters.
The "most dangerous weapons" referenced by the current Administration are firearms subject to the NFA - silencers, short-barreled rifles and shotguns and fully automatic firearms, to name a few. These firearms are rarely used by criminals. The mass shootings that have supposedly prompted this new rule did not involve NFA firearms.
Why doesn't the new rule affect crime? Because it targets law-abiding Americans, not criminals. Contrary to the proposed assertion that Rule 41F only succeeds in imposing a new tax burden on working Americans to the tune of at least $5.8 million a year, and imposing more bureaucracy on law-abiding citizens who wish to acquire NFA firearms, lawful purchasers of these items will now need to submit even more paperwork - photographs and fingerprints - to the ATF and yet more to local law-enforcement agencies - a notice that they are attempting to purchase an NFA firearm. Read the rest of the Rule 41F story here.
I already have a gun trust holding a silencer under it. From what I read, I may have to submit additional documentation?
“After the new ATF rule affecting gun trusts was signed into law on January 4 2016”
Anyone else see the problem?
rule != law
is it the fact that the ATF is making laws?
and if i win, don’t i also lose?
time to turn in our guns. OBAAT!
BLOAT!
OK, so how do I contact this Alex Kincaid?
Rare to not see a link, after he touts his expertise.
It takes away one convenience that an NFA Trust had, but there's still advantages to having a trust.
The "shall not be infringed" problem, or the notice of rulemaking process is not the same as "signed into law" problem?
‘Because it targets law-abiding Americans, not criminals.’
There you have it. This is another small step toward disarming the general public. However, the democrats plan isnt a gun free society. Theyll make sure the govt has guns and those they select, the favored. This will facilitate the job of herding the unarmed around and forcing the unwilling.
“The “shall not be infringed” problem, or the notice of rulemaking process is not the same as “signed into law” problem?”
TY. Both close enough to the ROOT problem: Not following the Constitution.
*I* sure don’t remember passing any Amendment allowing Congress to delegate their authority to any unelected bureaucracy to create ‘law’, let alone striking/modifying ‘shall NOT be infringed’.
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