From their final ruling for 41P, which changes the process for transferring firearms covered by the National Firearms Act (NFA), page 42:
The Department notes that some individuals who own NFA firearms do in fact commit crimes. A review of trace data and criminal records from 2006 to 2014 disclosed twelve incidents in which owners of NFA firearms were convicted of crimes; however, there is no evidence that these crimes were committed with NF A firearms.
Emphasis is mine. It then goes on to list the crimes committed, and none of them are even actual murder, mass murder or terrorism:
Convictions include attempted homicide, conspiracy to commit felony offenses of firearms laws, operating a drug involved premises, possession of unlawful firearms, possession of marijuana, intent to distribute methamphetamine, possession of a firearm during commission of drug trafficking, domestic violence, theft, dealing firearms without a license, and possession of an unregistered NF A firearm.
There are hundreds of thousands of people who have NFA firearms; of these hundreds of thousands of people, the ATF could only identify 12 incidents where NFA owners were convicted of crimes, with no evidence that the crimes had actually been committed using the NFA firearms.
Again, per the ATF itself, from 2006 to 2014, not a single NFA firearm owner has actually killed someone.
So, explain to me how adding more requirements to the NFA process for trusts is helping "reduce gun violence"?
It's not.
In fact, the crime rate suggests you'd likely have a hard time finding a more law abiding, less violent group of people in this country.
It's ridiculous, just like the claims you can buy guns off the internet without a background check or the so-called gun show loophole.
But of course, you and I know that none of this BS is really about solving the violence problem. It's about political gestures, ringing of hands and putting more control in the government's hands.
41P
Most of the noise I'm hearing is coming from the issuance of 41P, which impacts the hurdles that need to be jumped through for transferring NFA items (suppressors, short barreled rifles, etc.) into a trust or other legal entity.
If you want to read the full 248 pages, the ATF has made it available here.
Key bullets at this point:
- Trustees now have to submit fingerprints and passport photos when submitting for a form for an NFA item (beneficiaries are exempt unless they meet the definition of responsible person)
- The CLEOs are now to be notified when a NFA form is submitted (no CLEO sign off required for individuals)
Given that it's a 248 page document written in government speak, so the gun community is still digesting the final rule and nuances.
Overall, it's a bit of a compromise (removing CLEO sign off = good, adding requirements for trusts = bad); not horribly onerous, but more hoops to jump through when using a trust. It removes some of the reasons for using a trust for NFA transfers, though the estate planning benefits still remain.
The rule has 180 days before it takes effect.
