Bill to Stop ATF Rule 41P Passes House

Bill to Stop ATF Rule 41P Passes House
By: Zach McCormick
6/6/15


According to an article posted on the American Suppressor Association Blog a recent funding bill passed the House of Representatives with an amendment that would block the much-reviled "41P" ATF proposed rule change. Naturally, this is merely the first step towards protecting the status quo as it pertains to NFA trusts (aka gun trusts) and there is still a long way to go before such protections become law.

 As a brief refresher, the 41P proposal would, if enacted, created the title of "responsible person" and require that such a person be fingerprinted and would require that a chief law enforcement officer (CLEO) sign off on each trust.

This CLEO provision may be the most offensive term due to the tremendous discretion that it places on these individuals. In areas where CLEOs are opposed to NFA ownership they simply refuse to approve any application. This has the effect of creating a total ban on what would otherwise be lawful possession of suppressors, short barreled rifles and the like.

What is more, contrary to some rumors, it is not permissible for a criminal to use the current trust framework to unlawfully acquire a firearm or NFA item due to the requirement that the FFL conducting the transfer complete an NICS background check immediately prior to the transfer. In fact, the notion that a criminal would go through the hoops of getting a trust to accomplish his criminal intent is so implausible as to be ridiculous.