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View Diary: POTUS to Close Gun Sale Loophole...Executive-Style (146 comments)

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  •  It may be. (8+ / 0-)

    It appears that these trusts are being used to circumvent regulations (like background checks) that would otherwise be applicable to individuals, and things like silencers are one of the items specifically mentioned in this NYT article.  

    You can find the DOJ/ATF abstract of the NPRM here.  According to this story in The Hill:

    The new rule will only apply to sale of machine guns, silencers and similar firearms for which the AFT has special restrictions.

    At this point, it looks like the draft rule is at the White House, so the actual NPRM won't be released for a while.

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Thu Aug 29, 2013 at 10:04:05 AM PDT

    [ Parent ]

    •  Ok, my understanding of the NFA trust process (2+ / 0-)
      Recommended by:
      BlackSheep1, VClib

      is that you can bypass the CLEO (chief law enforcement officer) signature with a trust but you still need to go through the background check as an officer of said trust. Thanks for the additional information.

      Kinda wish I had gone the trust route now for my silencer.

      •  That doesn't appear to be the case. (4+ / 0-)

        From the NYT article linked in my prior comment:

        But because of a loophole in federal regulations, buying restricted firearms through a trust also exempts the trust’s members from requirements that apply to individual buyers, including being fingerprinted, obtaining the approval of a chief local law enforcement officer and undergoing a background check.

        Mr. Campbell [a spokesman for the Bureau of Alcohol, Tobacco, Firearms and Explosives] confirmed that under current regulations, background checks were not required for the buying of restricted firearms through trusts. The agency, he added, was aware of the loophole and was reviewing changes to close it.

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Thu Aug 29, 2013 at 01:09:59 PM PDT

        [ Parent ]

        •  Interesting. I guess my question is this: (0+ / 0-)

          if you're a criminal, felon, or prohibited possessor, why would you go the trust route? This doesn't legitimize you actually having the firearm on your person. If you're already going to break the law, would you go the legal route and then hope you find a gun shop that doesn't run background checks on form 4 items? That doesn't really make sense to me.

    •  From your article: (2+ / 0-)
      Recommended by:
      BlackSheep1, VClib
      But the A.T.F. keeps a registry of the firearms and must approve their sale, a process that can take several months, and the buyer must pay a $200 tax.
      It's almost a year now. 11 months was what I was told when I sent in my paperwork.

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