Gun Club

Montana’s Congressman, Denny Rehberg, today released the following statement critical of a proposed “emergency rule” by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to require federally licensed firearms retailers to report multiple sales of semi-automatic rifles. The proposed rule was included in today’s Federal Register and specifically calls for firearm retailers to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles that are capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

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Montana’s Congressman, Denny Rehberg, today released the following statement critical of a proposed “emergency rule” by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to require federally licensed firearms retailers to report multiple sales of semi-automatic rifles.

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To stem the flow of guns to Mexico, federal firearms regulators are proposing an emergency requirement that certain gun dealers along the southwestern border report bulk sales of so-called assault weapons beginning as soon as January. Dealers would be required to alert authorities when they sell within five consecutive business days two or more semiautomatic rifles greater than .22 caliber with detachable magazines, according to the draft obtained by The Washington Post. Semiautomatic rifles such as AK-47s and AR-15s are favored by drug-trafficking organizations fighting the Mexican government. ATF chief spokesman Scot Thomasson declined to comment. The plan by the…

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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is moving to require federally licensed firearms retailers to report multiple sales of modern sporting rifles beginning January 5, 2011. Specifically, the ATF requirement calls for firearms retailers to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles that are capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days.

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WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, today released the following statement critical of a proposed “emergency rule” by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to require federally licensed firearms retailers to report multiple sales of semi-automatic rifles. The proposed rule was included in today’s Federal Register and specifically calls for firearm retailers to report multiple sales, or other dispositions, of two or more .22 caliber or larger semi-automatic rifles that are capable of accepting a detachable magazine and are purchased by the same individual within five consecutive business days. “While we’ve managed to stop gun control…

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We often get questions regarding the use of NFA Trusts in regards to legal challenges to show that they are permitted under the NFA.

While there are no successful challenges that stand for the positive or negative use of a NFA Trust, Trusts are not generally denied because the Federal statutes specifically authorizes the use of a trust for ownership of a item restricted by the NFA. There have been many applications with the ATF by people using other forms of Trusts that have been denied because the application or the trust was improper.

The more troubling issue with a Trust is that there are many invalid trusts that have been approved by the ATF. The reason this is problematic is that many individuals feel there possession and use of these firearms valid because ATF approved the transfer. They do not realize that the ATF’s approval is to a valid trust and while they may disapprove an obviously invalid trust, there is no requirement for the ATF to validate (nor do they validate) a trust.

The approval process does little to shield the individuals from the liability that comes with an improper transfer, possession, and use of a NFA firearm and a Valid Form 4 or Form 1 to an invalid trust does not protect your right to ownership, use, or possession of NFA firearms.

The traditional estate planning trust and many so called gun trusts do not deal with the NFA and actually instruct individuals to break the law in regards to transfer, possession, and use of the restricted firearms. This is why it is important to have a professionally drafted trust that is specific to the NFA and actually guides you, your family and beneficiaries thought the correct process of determining what to do in the case of your incapacity or death depending on the individual circumstances that exist at that time.

For more information on how a NFA Gun Trust can protect you and your family from violations of the NFA Contact a NFA Gun Trust Lawyer in your state or a Florida Gun Trust Lawyer

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Generally we are hearing that it is taking 3-5 months from the time you submit your ATF forms for approval. A local gun store Shooters of Jacksonville told me they have two agents assigned because of the number of transfers they do. They stated that this means that ATF Form 4 applications that they sent in are processed faster than at other locations. While I do not know if this is true, I can state, that a recent Form 4 I submitted through Shooters only took 75 days from the date I signed it, until receiving the approved Form 4.

If you want to check on the status of your Form 4 or Form 1, you will need your serial number and to contact ATF.

National Firearms Act Branch,
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road, Suite 1250
Martinsburg, WV 25404
Tel 304-616-4500

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Lately we have seen such odd denials from the ATF.

1. A self created trust was denied because it did not contain an assignment sheet
2. A trust was denied because it did contain an assignment sheet.
3. A trust was approved and it did not contain an assignment sheet.

It appears that each agent has their own preferences and often it takes a call to the ATF to clarify what they are requesting and why. Many of the agents have no valid justification for the approval or denial.

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Nearly two years into his term, President Obama on Monday chose a director for the Bureau of Alcohol, Tobacco, Firearms and Explosives. Mr. Obama will submit the name of Andrew Traver, the special agent in charge of the bureau’s Chicago field division, to the Senate for consideration, the White House said.

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