Comments on Proposed Rule on NFA Trusts

As anyone involved in the sale or possession of National Firearms Act firearms has surely heard, the Bureau of Alcohol, Tobacco, Firearms and Explosives published a proposed rule change in September that would impose severe new burdens on people who use trusts, corporations, or other “legal entities” to make or obtain NFA firearms.  While NFA trusts are a useful tool for estate planning and other purposes, far fewer people would ever have started using them if it weren’t for ATF’s regulation requiring individuals to get a sign-off from their local chief law enforcement officer before making or receiving NFA firearms.

Along with my colleague, longtime Second Amendment scholar and firearms law expert Steve Halbrook, I submitted comments on the proposal on behalf of the National Firearms Act Trade and Collectors Association.

Any final rule won’t be published for several months; among other steps of the bureaucratic process, ATF will have to review and respond to the nearly 10,000 comments that were filed on the proposal—nearly all of them in strong opposition.