This is interesting. Originally 41P was going to require CLEO signoff on all NFA transfers, even if you were a person on a trust. I don’t have time to read thoroughly and comment as I need to hit-the-hay soon, but let the overnight and early-morning discussion begin:
SUMMARY: The Department of Justice is amending the regulations ofthe Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm undertake National Firearms Act(NFA). This final rule defines the term”responsible person,”as used in reference to a trust, partnership, association, company, or corporation; requires responsible persons of such trusts or legal entities to complete a specified form and to submit photographs and fingerprints when the trust or legal entity files an application to make an NFA firearm or is listed as the transferee on an application to transfer an NFA firearm; requires that a copy of all applications to make or transfer a firearm, and the specified form for responsible persons, as applicable, be forwarded to the chief law enforcement officer (CLEO) of the locality in which the applicant/transferee or responsible person is located; and eliminates the requirement for certification signed by the CLEO. These provisions provide a public safety benefit as they ensure that responsible persons undergo background checks. In addition, this final rule adds a new section to ATF’s regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative,or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a ”transfer” under the NFA. It also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.
If I am to understand this correctly, much like with a Type 03 FFL application (C&R) you have to inform the CLEO, but you do not need to get his or her sign off. This does not only apply to trusts, but to individual applications as well. Did the Administration just blink?
If I’m not reading something wrong at this late hour, it would seem that malicious compliance can make a real difference.
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