The U.S. House of Representatives dealt a significant blow to the Obama Administration’s ‘41P’ proposal attempt to create red tape for firearms regulated b the National Firearms Act (‘NFA’), such as suppressors, short barrel rifles, short barrel shotguns, and machine guns.

Before discussing the legislation passed by the House, let’s review recent events with 41P.  In Spring 2015, the National Sheriffs’ Association, which represents elected sheriffs of both political parties, publicly announced its opposition to 41p.  Subsequently, in May 2015, BATFE skipped yet another one of its self-imposed deadlines for 41P and announced a six month delay.  Such delays by BATFE have become the norm since 41P was first proposed almost two years ago.  This latest delay put any possible adoption of 41P into fiscal year 2016, unless it were canceled altogether or were delayed like many times before.  Enter the U.S. House of Representatives, which controls the purse strings of the federal government.

On June 3rd, the U.S. House of Representatives approved the fiscal year 2016 Commerce, Justice, Science and Related Agencies (CJS) Appropriations bill, H.R. 2578 by a 242 – 183 margin. The House passed that bill with an amendment submitted by Congressman John Carter (R-TX), which denies BATFE funding for 41P or any other change to the NFA.

The U.S. Senate is now considering the CJS bill.  Its version might require reconciliation with H.R. 2578, and then the final version will either be signed for vetoed by President. 

Undoubtedly, these recent events reflect the growing, high-level support for the fight against 41P.  If a person still felt concerned about the possibility of 41P or other new gun control laws, it is best to be proactive.  For this reason, Arsenal Attorneys™ offer the Arsenal Gun Trust™.  Our solution can help with the acquisition of NFA firearms, the lawful handling of those firearms, and the inheritance of them. We serve most states, and most clients can use an Arsenal Gun Trust™ to protect their entire gun collection.

Contact us to learn about these and other services.

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, was a guest speaker at the 75th Annual Conference of the National Sheriffs' Association on Saturday June 27, 2015 in Baltimore, Maryland.  Mr. Bergstrom spoke about a regulation proposed by the Obama Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) known as 41P. It concerns firearms regulated by the National Firearms Act (NFA). Specifically Mr. Bergstrom addressed the administrative burden the sheriffs would shoulder if 41P came into effect.  

In response, the National Sheriffs' Association has publicly announced their opposition to 41P because they see no law enforcement concern in the private ownership of NFA firearms, including suppressors and short barrel rifles.  The strong influence of the Sheriffs on this issue has increased speculation that 41P will be abandoned; however there is no certainty.  

So long as gun control is debated, Mr. Bergstrom recommends a proactive approach, including the creation of an Arsenal Gun Trust, to protect clients, their firearms, and their loved ones who handle and inherit clients' gun collections. 

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, was a featured instructor for a seminar organized by the American Bar Association on firearms, particularly gun trusts and NFA firearms. Mr. Bergstrom presented solutions for protecting clients, and he discussed the challenges lawyers must overcome in handling firearms-related issues.  He encouraged the audience to provide clients informative and user friendly solutions.  He cautioned that complex legal documents can easily become incomprehensible and provide a false sense of security.  Instead, attorneys should focus on the needs of clients and also the needs of the clients' successors who will one day become involved in estate plans.  

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, presented a seminar on firearms issues to an audience of lawyers in Orlando, Florida.  The event was organized by MyLawCLE.com.  Mr. Bergstrom particularly emphasized the importance of understanding the special firearms-related concerns of clients regarding compliance, security, privacy, and inheritance.  Mr. Bergstrom also addressed various current events and their impact on clients' legal matters.  

The arrival of new leadership at the Department of Justice and a new acting Director at ATF have brought renewed speculation the Obama administration will enact new gun control measure by executive action before the President leaves office. Some of the latest speculation concerns executive actions the Obama Administration proposed more than two years ago but have yet to accomplish.

One of these proposals is ‘41P’, the executive rulemaking designed to create more red tape for NFA firearms and trusts. Essentially 41P would require ‘responsible persons’ in a trust to provide fingerprints, photographs, and signatures from their chief law enforcement officer for applications for new firearms regulated by the National Firearms Act (NFA). In September the 41P proposal will be two years old, and nothing has come of it. Since it was first announced, ATF has set a series of unofficial and official dates for its enactment, and each of those dates have passed without a final order. Each missed deadline has been followed by speculation whether the next target date will finally bring a final order enacting 41P. The most recent date set by ATF for a final order on 41P was “05/00/15,” yet the month of May has passed without a final order. Instead, ATF has announced “12/00/2015” as the new date for a possible final order.

The blogosphere, even pro-gun rights social media, have announced that new date as though it will certainly be the time a final order for 41P will happen; however such reports almost always fail to provide context revealing how we’ve seen such deadlines come and go before. Arguably, the continued delays of 41P are a sign of its weakness and the increased opposition to it. In fact, a national law enforcement organization recently met with ATF to states its formal opposition to 41P.  Separately a firearms industry insider recently told Arsenal Attorneys “nobody wants 41P, not the industry, not ATF, not law enforcement. No one can claim they know 41P will ever happen.” Nevertheless speculation about gun control will continue.

What should gun owners do? We encourage gun owners to stay informed about these events and to voice their opposition to onerous regulations. Gun owners should also be wary of alarmist media reports. On the other hand, they should not become complacent despite ATF delays of 41P and its other gun control efforts. We encourage our clients to be proactive by arranging their affairs and securing their firearms collections before possible changes might ever happen. Anyone interested in acquiring NFA firearms, such as silencers, short barrel rifles and shotguns, and vintage machine guns, should proceed with those plans now. We recommend our Arsenal Gun Trust as the first step. If you already have a trust, Arsenal Attorneys can revise your trust using our own Arsenal Gun Trust design. If you personally own NFA firearms, you should consider moving them into an Arsenal Gun Trust so you can allow other people to possess and inherit your firearms.

On May 22, 2015, Governor Mark Dayton signed legislation making Minnesota the 40th state to legalize the private possession of silencers (suppressors), and the 36th state to legalize the use of silencers for hunting. The new law will come into effect August 1, 2015. Arsenal Attorneys' serves clients in Minnesota thanks to our own in-house Minnesota-licensed attorney.  Our law firm offers our own original Arsenal Gun Trust to help clients in 40 states acquire firearms regulated under the National Firearms Act (NFA), including silencers and short barrel rifles. 

The Arsenal Gun Trust can simplify the necessary ATF paperwork for each NFA firearm, and the Arsenal Gun Trust can speed up the paperwork by enabling the client to use the ATF eFile system. An Arsenal Gun Trust also enables the client to allow possession of NFA firearms by other people. Finally, our solution can be used as an estate plan for an entire gun collection to help ensure firearms are inherited safely, legally, and privately.

To learn more, visit our Arsenal Gun Trust tutorial. Feel free to contact us with any questions about Minnesota or the 40 total states served by Arsenal Attorneys.