ATF has released its final order for executive action on registration of NFA firearms by trusts--to take effect 180 days after its publication in the Federal Register.  It will require so-called 'responsible persons' in a trust to provide fingerprints, photographs, and a form along with applications by a trust to transfer or make an NFA firearm.  The final order replaces the Chief Law Enforcement Officer ("CLEO") certification requirement with CLEO notification.  Thus a CLEO will need to be notified of an NFA registration, but a CLEO's signature will no longer be required.  

As of this writing, this final order had not yet been published in the Federal Register. 

The full text of the final order can be found at this link.

Thus far, this final order has not yet been published in the Federal Register.  Based on previous statements by ATF, any NFA application submitted to ATF within 180 days of the publication of the final order in the Federal Register will be accepted under the current rules.  Therefore, one could create a trust now and submit such an application without the need for fingerprints, photographs, or either CLEO certification or notification.  

Contact Arsenal Attorneys to start your Arsenal Gun Trust today. 

UPDATE:  AN UPDATE TO THIS BLOG CAN BE FOUND HERE:  ATF RELEASES FINAL ORDER.

This evening the White House released this document entitled "FACT SHEET: New Executive Actions to Reduce Gun Violence and Make Our Communities Safer".  It includes statements that ATF ‘is finalizing’ plans on ownership of NFA firearms by trusts. Presumably these plans would encompass the more than two-year-old proposal known as '41P.’  

In its original form, 41P required various 'responsible persons' in a trust to provide fingerprints, photographs and a signature from a Chief Law Enforcement Officers.  Essentially 41P would restrict Second Amendment rights, create red tape for local law enforcement, and increase regulation of firearms that do not raise law enforcement or public safety concerns.  Indeed, the National Sheriffs' Association are one of the many opponents of 41P in its original form.  

For now, the executive action on NFA firearms and trusts the White House 'is finalizing' remains a mystery. Some speculate that ‘is finalizing’ means 'not yet final' or 'uncertain'. Some of our sources believe a 41P-style executive action will not happen. They point to the fact BATFE has been finalizing 41P for more than two years. Other sources say ATF has actually been developing several alternatives to the original version of 41P some of which would greatly complicate or simplify the existing process.

For its part, the White House statement this evening focused on background checks for NFA firearms registered by trusts, but it did not explicitly provide any other details. Nevertheless the stated intentions of the Obama Administration should be taken seriously, and proactive people will want to act now before a final order for any executive action might come into effect. 

Arsenal Attorneys has helped thousands of clients across America register NFA firearms using our unique 'Arsenal Gun Trust' design. Contact us today to learn how we can help you.

One of our affiliate attorneys, Bonner C. Walsh, is working on a case concerning EOTech Holographic Sights and thermal drift.  It seems the sights were not as advertised, and EOTech knew this at least as early as 2006.  The sights: can move up to 20 minutes of an angle at extreme temperature changes, are not parallax free nor fog proof, and even as little as a 20 degree temperature shift can cause a need to rezero.  

Mr. Walsh is interested in talking with EOTech owners especially in California and Missouri.  For more information, please contact Arsenal Attorneys:  info@arsenalattorneys.com.

Arsenal Attorneys handles a variety of legal matters in most states across America.  Contact us for help with firearms law, business matters, litigation, criminal defense, estate planning and more.  We are particularly known for our Arsenal Gun Trust solution for NFA firearms, and we also serve many FFLs and firearms instructors nationwide.

Meet Arsenal Attorneys at the Nation's Gun Show this weekend at the Dulles Expo Center in Chantilly, VA.  Hours are Friday January 1, 3-8 pm, Saturday January 2, 9am-5pm, and Sunday January 3, 10am-5pm.  The show recently expanded, and it is among the largest shows east of the Mississippi River.  Visitors to the Dulles Expo should consider a visit to the National Firearms Museum at the nearby headquarters of the National Rifle Association.

You could be one of the more than 6 million Americans who just lost their right to carry a concealed pistol as they travel I-95 through Virginia or visit many of the important locations near Washington, DC, such as the Pentagon, Arlington National Cemetary, or any other location in Virginia.  Democrat Attorney General Mark Herring recently ended recognition of concealed pistol permits from 25 states.  Unlike the recognition given to driver's licenses, permits to carry a concealed firearm rely on reciprocity among the states.  Over time, the number of states issuing concealed carry permits has increased.  The increase in concealed firearms permits has been accompanied by an overall decrease in gun-related violence.  In fact, concealed firearms permit holders are more likely to be law-abiding citizens than the average law enforcement officer (We recommend the research of John Lott to learn more).  

Nevertheless, Virginia AG Mark Herring ended recognition of permits from 25 states. 

These and other issues will be a priority during the upcoming 'Lobby Day' organized by the Virginia Citizens' Defense Lobby at the Capitol in Richmond on January 18, 2016.  For more details, visit this link. 

The following states lost recognition from Virginia for their concealed carry permit holders:

Alaska

Arizona

Arkansas

Delaware #

Florida *

Idaho

Indiana

Kansas

Kentucky

Louisiana *

Minnesota #

Mississippi

Montana

Nebraska

New Mexico

North Dakota *

North Carolina

Ohio

Pennsylvania *

South Carolina *

South Dakota

Tennessee

Washington #

Wisconsin #

Wyoming *

* indicates states that will no longer honor Virginia concealed carry permits because of laws in those states that require mutual recognition of permits

# indicates states that do not currently recognize a Virginia concealed carry permit

Our clients often move due to job transfers, retirement, military or government assignments, or sometimes just to move to a gun-friendly, liberty-loving jurisdiction.  

What do you do with your gun collection and your gun trust?

Odds are we can help you.  We believe we are the only law firm to provide legal services for gun trusts and NFA firearms directly to clients with no middle man in almost every state.  So if you move, we can probably continue helping or your successors who might live in various states.

It would be easier for us to use what the legal profession calls 'co-counsel.'  In truth, these are outsider gun-for-hire attorneys who get involved when your attorney isn't properly licensed or competent.  In those situations, clients often do not know which attorney is accountable and truly represents them.  

We serve all of our clients through in house attorneys, so no middle man is ever involved.  That way you, and your successors, can have a direct relationship with Arsenal Attorneys--and you know who is accountable to you.  

We're proud to offer this level of support.