Back in 2013, Nick reported that the BATFE was toying with the idea of requiring all responsible parties in an NFA trust to get a Chief Law Enforcement Officer (CLEO) sign-off, just as individuals are required to do. The wheels of bureaucracy being slow as ever, we hadn’t heard much on that lately. An eagle-eyed TTAG reader, however, noted that something may be about to break on that front later this year . . .
The Department of Justice is planning to finalize a proposed rule to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. As proposed, the rule would; (1) add a definition for the term “responsible person”; (2) require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; and (3) modify the requirements regarding the certificate of the chief law enforcement officer (CLEO).
The legal ability of NFA Trusts to avoid the CLEO sign-off is one of those quirks of the law that, once it goes away, it’s gone, brother, at least until all or part of the NFA itself is repealed. I can’t imagine the political perfect storm that would have to come about to convince legislators or even a public generally sympathetic to the right to keep and bear arms to go to the mat on this.
Stay tuned for more on this as it becomes available. The ‘final action’ date on reginfo.gov is prospectively listed as being in December, 2015. [h/t: Enzo]
DISCLAIMER: The above is an opinion piece; it is not legal advice, nor does it create an attorney-client relationship in any sense. If you need legal advice in any matter, you are strongly urged to hire and consult your own counsel. This post is entirely my own, and does not represent the positions, opinions, or strategies of my firm or clients.