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BWT
10-29-2013, 08:00 PM
First of, for any Moderator/Administrators/Staff here, I'd like to ask that you'd leave this in General Discussion as that will more than likely receive the most traffic on your Forum. I don't mean to be disrespectful to site policies, simply to raise awareness.

I sincerely thank you for the Opportunity.

The Reason I'm drafting this thread is to notify any one of you if you haven't already heard of a current proposal put forth by the BATFE. This proposal directly impacts many gun owners and future gun owners. They're specifically targeting a type of Gun Owners in regards to National Firearms Act Items (Title II), such as SBR's, SBS's, MG's, Silencer's, AOW's and DD's.

They're targeting you, your families, your businesses and possibly any future gun owner with this measure. They're targeting Legal Entities, if you're not familiar with the NFA Process, it's extensive, but there's a portion of this process that requires Chief of Law Enforcement signature for Individuals. What many individuals have found is that for a genuine number of reasons Legal Entities (Such as trusts/LLCs) have worked well for them and their families, (I know that the idea of having an item that if any of my loved ones other than myself gain access to it constitutes a felony is definitely not in their best interest) to protect them from liability as far as being able to safely have these items in their household, but manage their ownership responsibly by sharing ownership of it with their families/coworkers/colleagues through Trusts and LLCs.

This signature used to only be required for an individual. If this measure goes through every single person in a trust or company will be required to get Chief of Law Enforcement signature, fingerprinting and photographing for every, single, item.

As recently as 2012 the BATFE was considering removing it (http://www.nraila.org/news-issues/in-the-news/2012/4/batfe-us-doj-plan-to-remove-cleo-signature-requirement-for-nfa-firearms-transfers.aspx) but after being targeted by Executive Actions recently proposed it's now being sought out to be expanded to every individual.

I've spent a lot of time reflecting on what to say and how to say it. I've spent time with different people in the Industry, calling the NRA-ILA, talking with their Federal Affairs Branch. Calling the American Silencer Association, seeking the best way to go forward. Getting in touch with representatives from companies. Namely Kel Whelan, part owner of Gemtech and I asked him, candidly and bluntly.

What should we do?

The answer was simple. Comment, that's what the BATFE is soliciting, make your voices heard. Giving money to the NRA, ASA, or whatever advocacy group would be secondary to Commenting. To spending time, getting creative and making an impact. Reading the regulation here, http://www.regulations.gov/#!documentDetail;D=ATF-2013-0001-0001.

I've drafted a 503-word form comment myself to share with you, that's logical and concise.


Dear BATFE,

I am writing you to notify you that I strongly disagree with the proposals put forth in September of 2013, regarding expanding the Chief of Law Enforcement/Sheriff Signature on each individual in a legal entity (Trust/LLC).

Currently the BATFE tests during an individual transfer for the following per the release of BATFE statement at,

http://www.regulations.gov/#!documentDetail;D=ATF-2013-0001-0001

- National Crime Information Center
- TECS (Treasury Enforcement Communication System)
- National Law Enforcement Telecommunications System
- Interstate Identification Index
- National Instant Criminal Background Check System

They will also be required to submit fingerprints, CLEO Certificate and passport size photo taken within the last year.

I feel that these are far more than sufficient for an individual. That the requirements for Law Enforcement Certification, Fingerprints and Pictures should be removed. I propose the removal of the Chief of Law Enforcement Certificate as Chief’s of Law Enforcement aren’t required or instructed to perform any back ground checks.

Also, according to the document above, the BATFE certifies themselves the legality of the item in the locale of the individual or legal entity requesting access. This also nullifies reasoning for a Chief of Law Enforcement Signature.

The BATFE explains the lineage and logic/reasoning behind the intent of a Chief of Law Enforcement signature as being necessary because it pre-dated federal databases, federal records and state databases. Acknowledging the extremely extensive nature of the current checks.

There is an obvious issue with this as Law Enforcement Officials receive no funding, training or directive on how to handle or certify these documents. Which is highlighted by the ignorance of Law Enforcement Officials involving instances (cited by the ATF in the proposal above) asking will they be held liable for items they approve.

The BATFE fails to mention the alternative for signatures of approval in this regulation such as Local Prosecutors, District Attorneys, Local Judges, State Judges or District Judges. These individuals would not have access to State Databases stated, which the ATF cites as the reasoning for expanding Chief of Law Enforcement Certification in the NPRM.

The BATFE also vastly underestimates the time required to receive Chief of Law Enforcement signature as 1 and a half hours for interview and an hour for fingerprinting. The BATFE also minimizes the example in their citation as the average legal entity (Trust or LLC) as only having 2 trustees or employees.

The average American household has 3 members (according to http://www.census.gov/prod/cen2010/briefs/c2010br-14.pdf ) not counting relatives such as uncles, aunts, grand parents, grandchildren, or cousins and the average employer firm has at least 15 paid employees (according to http://www.census.gov/econ/smallbus.html as of 2008). The numbers put forth by the BATFE are intellectually dishonest.

The BATFE also fails in this proposal to cite any vehicle for the turnover of employees that Legal Entities such as businesses experience.

I have absolute confidence in the BATFE to remove the requirements for Law Enforcement Certification, Fingerprinting and Photographing. While still being able to conduct satisfactory amounts of checks for individuals in legal entities.

Thank you,

(Your name here)


Ladies and Gentlemen, we have an opportunity to make our voices heard. We have an opportunity to have an impact.

Not only will well-informed comments carry weight, but so will numbers of comments. History is at your fingertips, and your time is worthwhile spent here! December 9th, 2013 they will close the docket for comments.

I challenge everyone here to comment or post that they have commented to encourage each other to press on and keep this issue heard!

I've contacted my Sheriff, the county over's Sheriff, All of the State Representatives in my State, Both Senators, and the Governor, and now I'm here for you. I'd suggest you to contact your Local Law Enforcement, your representatives, your senators, your Governor, your families and make an impact!

I also plan on contacting manufacturers and expressing to them your concern and advocating their involvement.

Do not sit by idle for one more second, when you have the opportunity to have an impact on the course of history. Do not fall silent at this time while history passes you by. If you don't like my comment draft or ideas, draft your own.

But Brothers! Be bold and make your voices heard!

God Bless,

Brandon.

Josh Runkle
10-30-2013, 01:10 PM
This is a very important issue that I have been following. Well said. Thanks for posting. Buy your Title II stuff before Christmas!

BWT
10-31-2013, 05:33 PM
This is a very important issue that I have been following. Well said. Thanks for posting. Buy your Title II stuff before Christmas!

Thank you!!! I'm aiming to raise awareness. I think we can face this one down.

Tamara
10-31-2013, 06:31 PM
This issue got linkage at S.W.A.T. Magazine's Facebook page a few weeks ago, and likely will be getting more in the next couple days.

Thanks!

BWT
11-01-2013, 08:50 AM
This issue got linkage at S.W.A.T. Magazine's Facebook page a few weeks ago, and likely will be getting more in the next couple days.

Thanks!

You're welcome,

Quick question, you run a blog, you're a celebrity. Mind mentioning the issue there to raise Awareness? You can use my Form letter if you like. Just an request.

BWT
11-01-2013, 08:57 PM
Emailed over 60-ish Sheriff's from the CSPOA. Hopefully it continues to get high visibility.

BWT
11-01-2013, 10:17 PM
Finished my letter to dealers/mfg's. It looks like this will affect about 58-ish% of NFA Owners.


Dear FFL/SOT or Retailer,

I’m emailing you to raise awareness, and ask that you do so too, I do this for not only your sake, but for the sake of your customers. If you’re not Familiar, the BATFE currently has a proposal out to expand Law Enforcement Certification for all Trustees in a Trust and all Employees within LLC.

What I’m encouraging you to do is alert your customers of this situation, and that their best method to combat this situation is to comment, and commenting here.

http://www.regulations.gov/#!docketD...=ATF-2013-0001 (http://www.regulations.gov/#!documentDetail;D=ATF-2013-0001-0001)

The amount of your business this will affect will be substantial. Which should further encourage you to weigh in on the matter. The BATFE refers to Trusts and LLCs utilized to take possession of NFA Items as “Legal Entities”. To take this number from the BATFE in the above proposal.

Table A—Numbers of Applications
CY 2012 Legal entity Individual Gov/FFL Total
Form 1 5328 3758 576 9662
Form 4 35237 25102 4746 65085
Form 5 135 588 8965 9688
Total 40700 29448 14287 84435

Of the Number of 84,435 Applications received in 2012, 69,425 were to non-Government’s and FFL’s. Of that 60,429 applications received by non-gov/FFL’s it appears that 35,237 of the Form 4’s were the applications of Legal Entities. This accounts for 58.3% approximately of the Form 4’s processed by the ATF. This will powerfully negatively affect your business. Please pass this onto your manager’s and please get this to the Leadership/Executives of your business.

I strongly encourage you to encourage your customer base to post and to comment on this matter, for yourselves to get involved with the NRA-ILA, ASA or other organizations in question, and to post on your website a link to the regulations.gov site to so that people will take this matter more seriously.

I’ve contacted Law Enforcement to comment (CSPOA.org), I’ve contacted my friends/families and internet forums. This battle is not lost.

Thank you for your time,

Sincerely,

Brandon

BWT
12-02-2013, 09:50 PM
So an update since I last posted on this matter. We're currently around 4,100 comments strong just submitted on the site. (I know more than a few people that have mailed comments, and I know that a lot of comments have been bundled). I've reached out to about 60+ Sheriffs nationwide on this issue, and I've heard really encouraging things as far as their concern and proactive nature about this.

I've been involved with Manufacturers on this, and it's really encouraging.

Also when talking to the NRA Federal Affairs Branch in early October about this issue, they're playing this one close to the chest, but they're definitely on the Radar. It was cool to talk to the guy at the NRA Federal Affairs branch about the fact he had silencers in a trust, etc, but was working out of D.C.

We've got some great representation, and I'd say, make sure you get your comments in before December 9th!

Exciting times, I bet total we're probably over 10,000 comments.

They bundle all of the same comments into one single comment count, so, it's pretty high, I saw a ton of form letters coming in over time.

God Bless,

Brandon.

BWT
12-03-2013, 10:09 PM
We're at 4,500 signatures dang 400 in a day.

BWT
12-07-2013, 01:22 AM
We're at 4,500 signatures dang 400 in a day.

6,600 signatures!

BWT
12-08-2013, 04:34 PM
6,600 signatures!

7,200! We're almost at 24 hours to cut off.

Not to spam, just freedom hangs in the balance.

Let's get it guys!

LOKNLOD
12-08-2013, 05:47 PM
BWT,
Thanks to you for your efforts on this. Comments have been left from me and my family.

BWT
12-09-2013, 10:12 AM
Last day to comment on this active issue!

Up to 8,100 comments.

BWT
12-09-2013, 10:14 AM
BWT,
Thanks to you for your efforts on this. Comments have been left from me and my family.

You're welcome, to me so often we can't make a difference, but today in this issue , we can. Thank you sir.

Jakus
12-09-2013, 12:28 PM
Comment posted. Thanks for tracking this.

BWT
12-09-2013, 07:23 PM
A little over 4 hours left to make an impact on history!

Mitchell, Esq.
12-09-2013, 08:49 PM
for all the good it will do... I posted.

BWT
12-09-2013, 09:15 PM
Thank you sir!

BWT
12-09-2013, 09:43 PM
9,230 comments!

BWT
12-09-2013, 10:01 PM
2 hours! (Thank you moderators for your patience. :) )

JDM
12-09-2013, 10:54 PM
2 hours! (Thank you moderators for your patience. :) )

You're doing awesome work. Thank you!