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SSD: Kel Whelan on the NFA Trust and Corporate Transfer Executive Action

Last week the Obama administration announced a change in policy on NFA Trust and Corporate Transfers, to be implemented via Executive Order.

“…the Obama White House announced an executive action that they claim would close an alleged loophole that allows individuals to obtain items such as machine guns, short barreled rifles, and silencers (known as “Title II” or “NFA” firearms, as they fall under this part of the National Firearms Act) without submitting to any background check. What the President has really done is not any law change that goes into effect immediately, but has instead put pressure on the Department of Justice to write and accelerate a proposed rule change regarding how trusts and corporations are transferred NFA items.” Kel Whelan, via Soldier Systems Daily

This announcement, yet another defacto gun control measure, has rightfully alarmed many pro-Second Amendment persons. Unfortunately the letter of the law vs. the appearance of the law vs. the actual impact this new regulation are at best opaque. In someways they appear in conflict. There is a lot of confusion about how the new regulation would work – that confusion is in large part caused by attempts to translate “bureaucratese” and to put conflicting statements into context. Take for instance the NFA Handbook and 18 USC 922.

The NFA handbook, chapter Chapter 9.12.1, reads: “NFA Transfers to other than individuals. Subsequent to the approval of an application requesting to transfer an NFA firearm to, or on behalf of, a partnership, company, association, trust, estate, or corporation, the authorized person picking up the firearm on behalf of, a partnership, company, association, trust, estate, or corporation from the FFL must complete the Form 4473 with his/her personal information and undergo a NICS check. See also, question P60 in the ATF FAQs.”

That handbook, which begins with this preface: “This publication is not a law book. Rather, it is intended as a “user friendly” reference book enabling the user to quickly find answers to questions concerning the NFA,” appears to directly contradict the law of the land, which according to 18 USC 922 (t)(3)(B) says there is no NICS check (National Instant Criminal Background Check System) required when it comes to”trust transfers.”

Confused? You have a right to be, and like all attempts to infringe upon the Second Amendment the issue is too important to be misunderstood.

Soldier Systems Daily recently ran an excellent guest article (excerpted above) about the recent White House announcement, its implementation and its potential impact. If you're interested at all in better understanding the matter, please read the entirety of the post here.

Here is the direct URL:

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