Arsenal Attorneys has confirmed BATFE/NFA continues to issue tax stamps for the transfer of machine guns by trusts in Virginia despite recent confusion about Virginia State Police policy on machine gun registrations.

Arsenal Attorneys' Managing Attorney, Matthew Bergstrom, has been featured today as a guest blogger

Arsenal Attorneys proposed legislation to clarify the right of trusts to register machine guns under the Uniform Maching Gun Act (UMGA).

Today the Virginia House of Delegates passed House Bill 878, which, after amendment, would require a Chief Law Enforcement Officer to sign applications for NFA firearms within 30 days if the applicant is not prohibited from receiving the firearm. Now the House bill must face the challenge of receiving Senate approval before it is presented for the Governor's signature.

Arsenal Attorneys provided testimony in support of this bill and its sponsor, Delegate David LaRock (33rd District). We applaud Delegate LaRock for initiated this reform.

If the bill is enacted into law in its current form, it would read as follows.

§ 18.2-295.1. Chief law-enforcement officer certification; certain firearms.

When a chief law-enforcement officer's certification is required by federal law or regulation for the transfer of a firearm, the chief law-enforcement officer shall, within 30 days of receipt of the request for certification, provide such certification if the applicant is not prohibited by law from receiving the firearm. If the applicant is prohibited by law from receiving the firearm, the chief law-enforcement officer or his designee shall provide written notification to the applicant that states the reason for the prohibition.

For purposes of this section, "firearm" shall have the same meaning as provided in the National Firearms Act, 26 U.S.C. § 5845 (a).