By Logan Elia, Rose Law Group Litigation Attorney
Alcohol, Tobacco and Firearms {ATF} last year proposed changes to its rules governing transfer of weapons regulated by the National Firearms Act (NFA). The proposed rules would present significant impediments to the lawful ownership of these weapons by otherwise qualified and peaceful people.
Initially, ATF had planned to take action this month. But – probably because of the significant number of comments made regarding the proposed rule change – ATF has pushed its estimated action date back to January 2015.
Under the current rules, citizens are able to purchase and hold NFA weapons through properly formed gun trusts upon approval from ATF. The new rules would require would-be purchasers to undergo even more extensive background checks including photographing and fingerprinting.
The rules would also require would-be purchasers first obtain approval from the chief law enforcement officer in their jurisdiction. The ATF would allow these local law enforcement officers to impose whatever restrictions they deem appropriate, or to deny applications for any reason at all. At least one law enforcement agency in Maricopa County is already considering stringent regulations.
It is unclear whether these proposed rule changes will go into effect. But people who are considering the purchase of NFA weapons should not allow these new rules to catch them unaware. Illegal possession of an NFA weapon is a federal crime.
