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Proposed changes to Form 4s
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.
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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?
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.
Trusts, LLCs and corporations are not exempt from FBI (NICS) checks. The person receiving the NFA item still undergoes a NICS check.
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.
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)]
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.