Benson Firearms in Oklahoma City

41P

 

ATF 41F RULING 

After reviewing the almost ten thousand comments from loyal Second Amendment supporters such as yourself, the ATF came back with answers to those comments and a ruling on 41F.  The ruling weighs in at 248 pages.  In the interest of providing you with the information you need without having to spend hours reading it yourself, I have provided a summary below:


 
We have received numerous phone calls and emails in the wake of the ruling on 41P relative to National Firearms Act Transfers.  Understandably, a number of questions and concerns have been raised given the complexity of the language and the differing media accounts.  In working with the American Suppressor Association, of which we are a proud voting member, and in researching the language from the ruling signed by the Attorney General, we have prepared the following Q&A.  We hope that in bringing to light some of the finer points of the ruling, some of your concerns will be put to rest.  If you'd like to read the ruling in its entirety, it is available for download here:https://www.atf.gov/file/100896/download

 

THE GOVERNMENTS RESPONSE
 


Q: When will the ruling take effect?
 
A: The ruling is in effect on July 13, 2016.
 
Q: What will happen to pending applications for NFA transfers?
 
A:  The ruling on 41P will not apply to any pending applications or previously approved applications.  Any application currently in process will be grandfathered in under current rules and regulations.
 
Q:  How has CLEO certification been affected?
 
A: Chief Law Enforcement Officer Certification (CLEO) has been removed from National Firearms Act Transfers for all transfers by an individual, trust or LLC.  Instead, CLEO notification will be required. 
 
Q: How will the ruling affect Trusts?
 
A: Once the ruling goes into effect, those individuals named in a trust must undergo a background check including being photographed and fingerprinted.  The process as outlined is comparable
to that which an individual must undergo when purchasing a sound suppressor.
 
Q: What happens to NFA items if the individual named in a trust passes away?
 
A: The Executor/Executrix of the Estate may take possession of the NFA item without it being considered a transfer during the term of probate.  A transfer to a beneficiary of the Estate would be considered tax exempt.
 
Q: What now?
 
A:  You still can get involved.  We believe that Suppressors should be removed entirely from the NFA.  While the removal of CLEOs is considered a victory, an additional step would be the passing of the Hearing Protection Act (H.R. 3799, S. 2236).  The HPA would remove the requirements of the NFA on suppressors, instead requiring purchasers to pass an instant NICS check, the same background check used during the sale of long guns.  To contact your legislators in support of the HPA, visit: http://americansuppressorassociation.com/hearing-protection-act/

Bottom line: Once this ruling is officially published, things will continue as they are for 180 days - so don’t wait any longer to get your trust and silencer(s) - paperwork in process at the end of the 180 days will be grandfathered.