Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« Lawyers, historians, and originalism | Main | Interesting thought »

Proposed changes to Form 4s

Posted by David Hardy · 23 August 2013 01:50 PM

An early notice of a proposal to amend the NFA regulations. The present regulations and form 4 require that an individual submit photo and fingerprints, and get a chief LEO to certify that he is a nice person. Since the chief LEO has no duty to so certify, no matter how nice a person might be, he has essentially a veto power over any NFA transfers. Those requirements do not apply to NFA arms bought by a corporation, trust, or other business entity. The result has been the creation of gun trusts to deal with the problem.

The proposal is to (1) require that the principle owner of the trust or other entity submit photo and fingerprints, and (2) remove the requirement that the chief LEO certify (instead, he is simply sent a copy of the form 4). It sounds like a logical approach to the question.

6 Comments | Leave a comment

Ken M | August 23, 2013 2:07 PM | Reply

Unfortunately, logic carries extremely little weight in government decisions, particularly those related to firearms. Karnack predicts that under the current administration part 1 will fly, while part 2 will likely wither on the vine.

James | August 23, 2013 7:53 PM | Reply

I know people who are concerned that sending that information to the CLEO in areas where the CLEO has traditionally been reluctant to sign off on Form 1/4's, sending that information to the CLEO could put those people on a list for the next time the CLEO needs a media headline, whereas a trust or corporation shields them from such CLEO scrutiny. Also, I question why such a change would apply to trusts but not other non-individual transfers?

Robert E Naess | August 24, 2013 5:26 AM | Reply

Elimination of the CLEO signature for private NFA transfer/making applications is already underway and will probably be implemented within a year or so.
Notification of CLEOs in jurisdiction of premises for all FFLs applications is currently law, so notification of the CLEO of F1/4 transfers to responsible persons in trusts and corps is not much different.
Trusts are not the only instrument for holding NFA affected since corp transfers will also be done the same way. These are the only legal instruments available to NFA transfers that are exempt from CLEO/ FBI background checks.

MajorMike | August 24, 2013 4:14 PM | Reply

Trusts, LLCs and corporations are not exempt from FBI (NICS) checks. The person receiving the NFA item still undergoes a NICS check.

Anonymous | August 25, 2013 3:34 PM | Reply

Expect the portion removing the LEO signature to disappear.

Do not even try to pass gun legislation unless you have both houses under your control.

Rugrash | August 25, 2013 10:15 PM | Reply

Actually box #22 towards the bottom of page 2 on the 4473 addresses an NFA item.

Q: Is a NICS check required for the sale of firearms registered under the National Firearms Act (NFA)?
No, assuming all NFA requirements have been satisfied.
[18 U.S.C. 922(t), 27 CFR 478.102(d)]

Leave a comment