Here is the latest statement on “gun control” issued by The White House.
Some highlights from the text:
- “ATF is finalizing a rule that makes clear that people will no longer be able to avoid background checks by buying NFA guns and other items through a trust or corporation.”
- “Those engaged in the business of dealing in firearms who utilize the Internet or other technologies must obtain a license, just as a dealer whose business is run out of a traditional brick-and-mortar store… But it is important to note that even a few transactions, when combined with other evidence, can be sufficient to establish that a person is “engaged in the business.” For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present.” [N.B., In an interview, the AG was quoted as saying “However, court rulings have set a precedent that says a person could sell as few as one or two guns and still be considered a dealer, depending on the circumstances. For instance, Lynch explained, if an individual sells a gun clearly for profit, or if they buy and sell a gun kept in its original packaging, they may be considered a dealer…. “It’s important to note the hobbyist and collector exception is still there,” she said. Now, though, dealers can no longer “hide behind that.””]
- The Social Security Administration (SSA) will undertake the reporting to NICS of folks who have been adjudged to have mental health issues who are incompetent, have a payee or otherwise cannot care for themselves through mental disability. “The rulemaking will also provide a mechanism for people to seek relief from the federal prohibition on possessing a firearm for reasons related to mental health.”
Further the ATF (through the AG) also published RuleMaking as follows:
AG 3608-2016 Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm (18.21 MB) [“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 a certification signed by the CLEO.”
…
“The final rule also clarifies that the term “responsible person” for a trust or legal entity includes those persons who possess the power or authority to direct the management and policies of an entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or entity. In the case of a trust, those with the power or authority to direct the management and policies of the trust includes any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust. The Department has removed “beneficiaries” from the final non-exclusive list in the definition of “responsible person.” However, a beneficiary or any other individual actually meeting the definition of a “responsible person” in the final rule shall be considered one.”
An individual (as opposed to a corporation or a trust) still needs to get a CLEO certification of sorts. But a trust or corporation only needs to notify the CLEO of the application. While some people say that this is a victory in the fact that the original proposed Rule called for CLEO certification even for trusts, is it really? Consider this part of the publication….
In accordance with the instructions provided on Form 5320.23, a certification for each responsible person completed by the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor, or such other person whose certification may in a particular case be acceptable to the Director. The certification for each responsible person must be completed by the CLEO who has jurisdiction over the area in which the responsible person resides. The certification must state that the official is satisfied that the fingerprints and photograph accompanying the application are those of the responsible person and that the certifying official has no information indicating that possession of the firearm by the responsible person would be in violation of State or local law.
No where in the rule is there a requirement that the CLEO issue this type of certification or that it must be processed in some timeline. So, time will tell whether or not NFA adverse CLEOs will use this to drag their feet (perhaps requiring a writ of mandamus to force them) or all together refuse to issue this certification and de facto stopping NFA transfers.]
This 3608-2016 final rule was signed by the Attorney General on January 4, 2016. It will become effective 180 days after date of publication in the Federal Register.
AG Order No. 3607-2016 – Commerce in Firearms and Ammunition – Reporting Theft or Loss of Firearms in Transit (499.61 KB) [Specifies who must report specifically what to whom and when a firearm in transit is lost or stolen]