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2018-02-02
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Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm
Part VI
Rules and Regulations
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D09002ee1bdc21ed9
United States
Department of Justice
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org
United States Government Agency or Subagency
United States
Bureau of Alcohol, Tobacco, Firearms, and Explosives
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org
United States Government Agency or Subagency
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act (NFA). 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. These provisions provide a public safety benefit as they ensure that responsible persons undergo background checks. In addition, this final rule adds a new section to ATF's regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a ``transfer'' under the NFA. It also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.
81 FR 2658
https://www.govinfo.gov/app/details/FR-2016-01-15/2016-00192
2016-00192
fr15ja16-16
RIN 1140-AA43
4410-FY-P
Docket No. ATF 41F
AG Order No. 3608-2016
https://www.govinfo.gov/app/details/FR-2016-01-15/2016-00192
https://www.govinfo.gov/content/pkg/FR-2016-01-15/html/2016-00192.htm
https://www.govinfo.gov/content/pkg/FR-2016-01-15/pdf/2016-00192.pdf
Administrative Practice and Procedure
Arms and Munitions
Excise Taxes
Exports
Imports
Military Personnel
Penalties
Reporting and Recordkeeping Requirements
Seizures and Forfeitures
Transportation
66 p.
2658
2723
81 FR 2658
Code of Federal Regulations
Title 27 Part 479
27 CFR Part 479
Regulation Identification Number 1140-AA43
RIN 1140-AA43
Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm; Federal Register Vol. 81, Issue
RULE
2016-00192
VI
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
2016-07-13
Docket No. ATF 41F
AG Order No. 3608-2016
4410-FY-P
2016-00192
Final rule.
The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act (NFA). 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. These provisions provide a public safety benefit as they ensure that responsible persons undergo background checks. In addition, this final rule adds a new section to ATF's regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a ``transfer'' under the NFA. It also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.
This rule is effective July 13, 2016.
Brenda Raffath Friend, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226; telephone: (202) 648- 7070.
Administrative Practice and Procedure
Arms and Munitions
Excise Taxes
Exports
Imports
Military Personnel
Penalties
Reporting and Recordkeeping Requirements
Seizures and Forfeitures
Transportation
Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity with Respect to Making or Transferring a Firearm
,
http://www.bls.gov/news.release/pdf/ecec.pdf
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1140-AA43
http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201210&RIN=1140-AA43
http://www.regulations.gov
https://www.atf.gov/sites/default/files/assets/pdf-files/052013-firearms-commerce-in-the-us-annual-update.pdf
www.regulations.gov
Federal Register
Vol. 81, no. 10
Office of the Federal Register, National Archives and Records Administration
2016-01-15
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664 p.
Table of Contents:
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GS 4.107:
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https://www.govinfo.gov/app/details/FR-2016-01-15
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0364-1406
769-004-00000-9
000582072
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https://www.govinfo.gov/app/details/FR-2016-01-15
https://www.govinfo.gov/content/pkg/FR-2016-01-15/pdf/FR-2016-01-15.pdf
https://www.govinfo.gov/content/pkg/FR-2016-01-15/xml/FR-2016-01-15.xml
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