ATF 41P Minor Update – Up to One Month Pushback

41Pdec15Two years to the day after the comment period – which received well over 9,000 comments – ended, there is still little news other than that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) has amended the rule 41P status to reflect yet another pushback of up to one month.

The 41P status page has been again updated to reflect a mysterious final action date of 01/00/2016 from the previously noted and equally curious 12/00/2015 final action date.  It should again be pointed out that this date is the date by which the BATFE will make a decision on whether or not to implement the changes set forth in the proposed rule, not necessarily the date by which the rule takes effect – if it is ever approved and takes effect at all.

Joshua Prince’s law blog posted on the topic last month with several important notes and some speculation about the potential future of the rule.  Prince postulates that “ATF could move forward with a final rule prior to the end of this year or ATF could once again delay the final action date; however, if it is delayed further, it will likely be delayed in one month increments.”  Further, he points out the following two important statements from BATFE personnel:

  1. The Agency Contact, Brenda Friend Esq., previously told Attorney Merting that the rule would not be retroactive and would only apply to new transactions.
  2. During the 12th Annual Import/Export Conference, I asked ATF howpending transfers would be treated, if a new rule was implemented. ATF responded that any new regulation would only apply to applications submitted after the effective date of the regulation. Attorney Merting confirmed that this was consistent with what Attorney Friend told him.

In essence, it is more of the same wait-and-see that we have had for the last two years.

As always, the GunLink Blog will post additional details as they become available.

One Response to ATF 41P Minor Update – Up to One Month Pushback

  • me says:

    What a bunch of bullshit that we have to labor under the threat of such ridiculous and draconian infringements. Anyone interested in NFA items or guns in general should see this as a warning as to what they are willing to do to play around with the laws and how they interpret and enforce them. I guess we just have to take it day by day or month by month with this hanging over our heads and hope that we can continue to exercise our already infringed basic rights that are *supposed* to be protected by the constitution.


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