A major new federal rule took effect in 2016, making it harder for citizens to obtain NFA items such as suppressors by using a gun trust. Depending on your point of view, the new regulations restricted important gun rights, or closed a dangerous loophole. This article will tell you how these recent rule changes might affect you.
On June 26, 1934, Congress enacted the National Firearms Act, a law restricting the kinds of guns and gun accessories people could legally own. The law imposes a $200 tax stamp requirement on certain classes of items. At the time, $200 was an unthinkable sum for most people, effectively closing off a legal avenue to possess what have come to be called “NFA items.” Today, $200 isn’t out of reach for firearms enthusiasts, and recent years have seen an uptick in legal sale and ownership of NFA items such as:
- Suppressors (silencers)
- Short barreled rifles or short barreled shotguns
- Machine guns (fully automatic fire)
- Other weapons such as large bore, grenade launchers, explosive missiles, or guns concealed inside objects like pens, lighters, or umbrellas
The Bureau of Alcohol, Firearms, and Tobacco establishes rules and policies for approving new transfers of NFA items. Before 2016, an individual, trust, or corporation could legally obtain and own an NFA item. The rules applicable to trusts and corporations were much more lax: any trustee of a revocable living firearms trust could legally possess the NFA item, and was never subject to fingerprinting, background check, or the requirement to obtain permission from the chief law enforcement officer of their area.
Effective July 13, 2016, the ATF promulgated Rule 41F, which restricted individuals’ rights to obtain NFA items using trusts—or closed a loophole—depending on your point of view. Under the new rules, anyone wishing to possess the NFA item in question must now submit fingerprints and passport photos for a background check. If you are shooting with friends or family, only one person needs to have the authority under the law to legally possess the item; others can use the item while the supervisor is present.
As a new president takes office, however, rules can change quickly. Donald Trump, Jr., the president-elect’s son, has already made a public appearance at the headquarters of SilencerCo, one of the largest suppressor manufacturers and vendors in the country. In a publicly released video, he sells the company’s American based manufacturing, and suppressors’ ability to protect against hearing damage (noting that suppressors on hunting rifles in Europe are standard). Time will tell what stance the ATF takes towards suppressors under the incoming Trump Administration.
Contact a Skilled and Knowledgeable Gun and Firearms Attorney
If you have been charged with a gun related criminal offense, or need assistance with a gun trust or another related legal question, call the Law Office of Walker Fults at (214) 838-0557 to find out how our knowledge and expertise can benefit you.
