After collecting more than 9,000 public comments during a 90 day period ending December 9, the US Government updated the status of BATFE's proposed rule on the transfer of NFA firearms to 'legal entities', such as trusts and corporations (docket number ATF 41P). The 'Unified Agenda Statement' maintained by the Office of Management and Budget (OMB) must announce an estimated date of a 'Final Action' on this proposal; however such forecasts often prove unreliable as proposals are often changed, dropped, delayed, or sped up.
For now, the government has planned a 'Final Action' of "06/00/2014." What does this mean?
Arsenal Attorneys had the honor of serving a fine gentleman, citizen, soldier, and family man.
This client, known as 'Army Chief' on m4carbine.net, first contacted us over a year ago. I can still remember our first phone call. He was engaging, knowledgeable, concerned, and, most of all, warm-spirited. We had a great conversation. I would later learn he already knew his doctors' prognosis about his health was very pessimistic. Chief was expected to live only a few months longer. He wanted our help to ensure his family would be safe inheriting his firearms collection.
In the last week we've heard clients in two different states say their gun dealers believed NFA regulations had changed on December 9, 2013. That's not true.
We're experiencing the best time in years to obtain NFA firearms. The new ATF eFile system processes NFA tax stamps in a fraction of the normal time, but this system is only availalbe for applications made by legal entities, such as trusts.
BATFE launched the ATF eFile system in August 2013. Since then, we've observed a consistent 90 day turnaround time for tax stamps issued to legal entities (trusts, corporations, etc.). This system is available only for applications by legal entities because these applications do not include fingerprints, photographs, and a police chief's signature. Fingerprints specifically are not valid if they are submitted electronically.
So if you're using an Arsenal Gun Trust, you may take advantage of ATF eFile. Based on our observations during recent months, you can expect your tax stamp in as little as 1/4 of the usual wait time.
A tax stamp is needed for each NFA firearm you wish to acquire--whether you are buying or building one. NFA firearms, specifically those firearms regulated by Title 2 of the National Firearms Act, include: silencers, short barrel rifles, short barrel shotguns, machine guns, and more.
You may transfer an NFA firearm through a Class 3 gun dealer, otherwise known as an FFL/SOT. It is important to confirm your gun dealer is prepared to use the ATF eFile system.
A bill has been introduced to require police chiefs to sign NFA paperwork in Virginia, and Arsenal Attorneys have been asked to testify in support of it at a hearing at the Virginia House of Delegates this afternoon.
According to our industry partners, the American Silencer Association (AFA), BATFE will need about a year to review all the submissions made during the public comment period for ATF 41p—the Obama Administration’s proposal to create more red tape for paperwork for NFA firearms. We learned this yesterday during our attendance at the SHOT Show in Las Vegas during which discussions took place between BATFE and ASA.
Arsenal Attorneys is committed to answering your questions about estate planning, firearms, business law, litigation, and criminal defense issues.
We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.