The final action date for ATF’s proposed Rule change known as 41P was recently changed from Dec 2015 to Jan 2016.
If approved in its original form, it would mandate CLEO approval, fingerprints and photos when trusts and corporations make or transfer NFA weapons.
Some states (14 or so) have already passed “shall sign/shall certify” laws so their CLEOs have to sign off within a certain amount of time unless the applicant is prohibited from possessing a Title II weapon. Florida hasn’t passed such a law yet, so, IF this Rule change goes through as proposed, law-abiding Floridians will remain subject to the arbitrary whims of their CLEOs and will essentially lose their Second Amendment right to own legal NFA weapons.
My understanding is that only new transfers/purchases submitted after the Rule becomes effective will be subject to any Rule change. Form 1’s and 4’s that are already being reviewed by the ATF won’t be affected.
The ATF could come out with their final action on the proposed Rule any time between now and the end of January 2016. If you’ve been thinking about buying a suppressor (silencer), short-barrelled rifle, or any other NFA weapons, you may want to consider executing a gun trust now so you can buy your NFA weapon and get everything submitted to the ATF while the current Rules are in still in place. Keep in mind that while Form 1’s (for making a NFA weapon, such as a SBR) can be submitted electronically by trusts and FFLs, Form 4’s (for transfers/purchases) currently must be mailed.
Contact the Law Offices of Cynthia M. Clark at (941) 444-5958 or email@example.com if you’d like more information or would like to create your gun trust now. We can generally complete a basic, upgradeable, lawyer-prepared NFA gun trust within 1 business day.
I’ll keep you posted on the ATF’s final decision on the Rule.