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Old September 17, 2013, 01:26 PM   #68
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Quote:
The proposed rule would require a new form (with prints, pics and CLEO sign-off) to be submitted within 30 days of anyone being added to a trust/corp/LLC as a "responsible person." Presumably, this would not require another fee and would add to the backlog in the NFA section.
I don't want to go into detail for obvious reasons; but if you are a felon who is at the same time willing to pay a $200 tax stamp to the ATF and register the firearm that proves you are committing an illegal act, then the new regulation doesn't solve that problem. It can be circumvented easily enough if someone who is not a prohibited person is willing to commit a federal firearms felony for you (and if someone isn't, then a trust still doesn't help you).

And ATF seems uncertain on that rule yet. They discussed something like that in the proposal but were specifically asking for comments regarding how feasible that was. Realistically, I don't think it is that feasible - if you define responsible person broadly enough to make it useful in excluding the odd felon, you will blow away the ATF estimate of 2 people per trust by a large factor (In my trust it would be 7 responsible persons - and this is a fairly simple trust). If you limit "responsible persons" to only those who can alienate trust property, then there are still several loopholes that can still be abused by felons who are desperately seeking ATF attention that would allow them to escape the "Unregistered possession of NFA item" charge; but not the 20 other charges.

And for what? Hell, a Form 3 between dealers is taking months as it is right now. I could probably add a felon to a trust, submit the appropriate form to ATF notifying them of the fact in the exact fashion ATF wishes to be notified and it might be a year or more before they noticed it.
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