BUY NOW IF YOU WANT TO USE A TRUST, Obama requiring background checks for NFA

[StraitR]

This is the part I'm still trying to figure out.

Pages 241-243

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§479.63 Identification of applicant.


(a) If the applicant is an individual, the applicant shall:

(1) Securely attach to each copy ofthe Form 1, in the space provided on the form, a 2 x 2-inch photograph ofthe applicant, clearly showing a full front view ofthe features ofthe applicant with head bare, with the distance from the top of the head to the point of the chin approximately 1Y4 inches, and which shall have been taken within 1 year prior to the date of the application; and

(2) Attach to the application two properly completed FBI Forms FD-258 (Fingerprint Card). Thefingerprintsmustbeclearforaccurateclassificatio nandshouldbetakenbysomeone properly equipped to take them.

(b) If the applicant is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company (including a Limited Liability Company (LLC)), association, trust, or corporation, the applicant shall:

(1) Be identified on the Form 1 by the name and exact location ofthe place ofbusiness, including the name and number ofthe building and street, and the name ofthe county in which the business is located or, in the case of a trust, the primary location at which the firearm will be
.maintained. In the case oftwo or more locations, the address shown shall be the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the primary location at which the firearm will be maintained;

(2) Except as provided in paragraph (c) ofthis section, attach to the application-

(i) Documentation evidencing the existence and validity ofthe entity, which includes complete and unredacted copies ofpartnership agreements, articles ofincorporation, corporate registration, and declarations oftrust, with any trust schedules, attachments, exhibits, and enclosures;

(ii) A completed A TF Form 5320.23 for each responsible person. Form 5320.23 requires certain identifying information, including each responsible person's full name, position, home address, date of birth, and country of citizenship if other than the United States;

(iii) In the space provided on Form 5320.23, a 2 x 2-inch photograph of each responsible person, clearly showing a full front view ofthe features ofthe responsible person with head bare, with the distance from the top ofthe head to the point ofthe chin approximately 1Y4 inches, and which shall have been taken within 1 year prior to the date of the application;


(IV) Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. Thefingerprintsmustbeclearforaccurateclassificatio nandshouldbetakenby someone properly equipped to take them.

(c) If the applicant entity has had an application approved as a maker or transferee within the preceding 24 months, and there has been no change to the documentation previously provided, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation had been submitted by form number, serial number, and date approved.

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So, if you've had an approval, via trust, within 24 months you don't have to submit fingerprint cards and pics, but reference the prior approval? If so, does this only apply to approvals that have fingerprint cards/pics previously?

What am I missing here?

[Grey]

Again if all they want is background check for nfa items then just let us buy them over the counter and conduct a NICS check just like the sale of every other firearm. Going to let the dust settle before I try to make heads or tails out of this.

[StraitR]

Again if all they want is background check for nfa items then just let us buy them over the counter and conduct a NICS check just like the sale of every other firearm. Going to let the dust settle before I try to make heads or tails out of this.

You're missing the point. This is to add steps to an already long and complicated (in comparison to purchasing a non-NFA item) process, for people buying "some of the most dangerous weapons", not remove them. Think of the children.

That said, I bet if they offered an "NFA Express Service" for $400 a pop right at the dealer counters, they'd cut submitted applications by 75%. In my opinion, most people, not all, purchasing NFA items are doing so with discretionary income and would gladly pay the convenience fee for instant gratification.


*cough* I would.

[Grey]

You're missing the point. This is to add steps to an already long and complicated (in comparison to purchasing a non-NFA item) process, for people buying "some of the most dangerous weapons", not remove them. Think of the children. [emoji14]

That said, I bet if they offered an "NFA Express Service" for $400 a pop right at the dealer counters, they'd cut submitted applications by 75%. In my opinion, most people, not all, purchasing NFA items are doing so with discretionary income and would gladly pay the convenience fee for instant gratification.


*cough* I would.

Doh I forgot about how this keeps children safe at night from the crazies...

[LittleLebowski]

Took my own advice.

Ordered: http://hansohnbrothers.com/index.php...product_id=294

[ffhounddog]

Good Can. I got the Sandman-S on order, thinking about another Sandy.

[LittleLebowski]

July 13th is it.

[Zhurdan]

According to the original post, this is an Executive Action, not an Executive Order. There is a drastic difference in their legality, or enforcement. Just fyi.

[LittleLebowski]

According to the original post, this is an Executive Action, not an Executive Order. There is a drastic difference in their legality, or enforcement. Just fyi.

Yes but is the ATF not enforcing said action?

[joshs]

Yes but is the ATF not enforcing said action?

What is now 41F is a final rule of an agency that followed the requirements of the Administrative Procedures Act in its implementation. When it goes into effect in July it will be added to the code of federal regulations and be part of the law of the United States. The "executive action" portion was just the President directing the agency to finalize the rule, the rule itself is not part of the executive orders/actions. As a duly enacted regulation, there isn't much of a question of whether or not it is enforceable. ATF's authority to promulgate the reg could be challenged, but regulations that comply with the APA are generally enforceable law.