ATF 41P Minor Update – Up to One Month Pushback
Two 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:
- The Agency Contact, Brenda Friend Esq., previously told Attorney Merting that the rule would not be retroactive and would only apply to new transactions.
- 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.
BATFE 41P – No News is…. No News
As we get closer and closer to the theoretical “12/00/2015” final action date for the ATF’s Rule 41P – the rule that would make it more difficult to make or transfer NFA items to a gun trust – there hasn’t been much chatter about it. This includes the absence of a reply to the 9,500 or so comments that were submitted during the comment period that must be responded to. Prince Law reported in August that there were four reviewers working through those comments.
This year saw, once again, renewed pushes for more gun control that fell flat and served to do little other than rally support against such gun control measures. Anti-gun zealots were, once again, caught cooking the books to get false numbers that they spread as gospel and telling outright lies. This, along with mainstream media coverage of the danger of “gun free zones” this year may even be awakening some of the general public to the utter nonsense that is the gun control agenda.
That turning tide of Second Amendment proponents away from being “the silent majority” is a great thing to see. Some of the delay in 41P movement is said to have been a result of the government resources that had to be devoted to reading the more than 300,000 comments on the armor piercing ammunition regulations (which were ultimately scrapped because “we spoke, they listened“).
Note that this mythical zeroth day of December cited on the Rule 1140-AA43 page is not given as an effective date for 41P. It is the current “final action” date, upon which they will decide whether to scrap this ruling, as they did with the ammo ban, or go with it.
Public sentiment aside, there is also the question of political sentiment. Second Amendment rights are again becoming a hot topic that is finding its way into the media’s political spotlight, to include presidential debates. Add to that the fact that there is legislation introduced that will weaken the NFA’s grip on silencers rather than tighten it, as 41P would do. HR3799 is drawing congressional support with 17 Representatives from 14 states cosponsoring the bill.
In other congressional news, HR3799 co-sponsor Rep. John Carter (R-TX) proposed an amendment to the FY16 appropriations bill, HR2578, which would neuter 41P. H.Amdt 320, which prohibits funds made available by the appropriations bill from being “used to propose or to issue a rule that would change the Chief Law Enforcement Officer certificate requirement in a manner that has the same substance as the proposed rule published on September 9, 2013” was agreed to by a voice vote the day before the bill passed the House. However, H.Amdt 320 – as Sec. 548 in the 6/8/2015 version referred in Senate – appears to be struck from the 6/18 version reported with amendment to Senate.
In sum, nobody still knows when anything will happen or, if and when it happens, what it will be. Nobody knows if 41P will die on the vine, be dropped altogether, or picked up and run with. Nor, if it is the latter, does anyone know how such a scheme would be implemented, what would (or would not) be grandfathered, what would happen to submitted applications in the processing queue, etc. At least, if they do know, they aren’t telling.
Businesses Honor Those Who Served with Meals, Discounts
The servicemen and women who step up and voluntarily put their lives on the line to keep us safe deserve our support and respect 365 days a year. However, one week from today marks the annual day when people across the nation honor those who serve.
Veterans Day 2015 is Wednesday, 11 November and, as usual, many businesses are saying “thank you” by offering free meals, discounts, and more. The list below details some of these offers.
Note that, although many of these offers are from nationwide chains, participation and details may vary from store to store. Those wishing to make use of the offers should verify ahead of time to ensure that your location is participating in the offer. Additionally, some proof of service is usually required, so be prepared to produce a military ID, separation documents such as a DD-214, or other documentation.
Check out the list below: Continue reading
Man Who Stole 111 Firearms from Smith & Wesson Factory Sentenced to More Than 17 Years in Prison
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Daniel J. Kumor, Special Agent in Charge of the ATF Boston Field Division, announced that Elliot Perez, 30, of Bridgeport, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 210 months of imprisonment, followed by three years of supervised release, for stealing 111 firearms from the Smith & Wesson manufacturing plant in Springfield, Mass, and selling many of those firearms on the street.
“This defendant not only stole more than 100 firearms, but he quickly sold dozens of them on the street putting them directly into the hands of criminals,” said U.S. Attorney Daly. “Not only are the stolen guns now turning up in criminal investigations as far away as North Carolina, but one was used in a Bridgeport murder and another in a shooting at a Hartford night club. As more than 50 of these guns are still at large, there is no telling how many additional acts of violence will stem from this offense. These sobering facts make clear that this long prison term is fair and appropriate. We thank the Stratford and Bridgeport Police Departments for their excellent work in quickly arresting these defendants, and the ATF for their investigative work and ongoing efforts to identify and recover the missing firearms.”
“The theft of over 100 guns is a serious threat to public safety and this sentence sends the message that it will not be tolerated, said ATF Special Agent in Charge Kumor. “Firearms trafficking continues to be a top priority for ATF and our law enforcement partners and we are committed to identifying and disrupting the sources of illegal firearms, which jeopardize the safety of our communities.”
According to court documents and statements made in court, on November 8, 2012, Perez, a truck driver for Pace Motor Lines, picked up five boxes of firearms from the Continue reading
Support HR 3799 to Remove Silencers from NFA
As announced last week, a new bill has been introduced in the House to “provide that silencers be treated the same as long guns.” That is, to essentially remove them from the purview of the National Firearms Act of 1934 (NFA) and ease the cumbersome process of acquiring one of these valuable safety devices – a process that involves a lengthy wait and a $200 tax on top of the cost of the device.
Matt Salmon (R-AZ), introduced HR 3799, the Hearing Protection Act of 2015, to the house on October 22nd. There, it was Referred to the Committee on Ways and Means and to the Committee on the Judiciary for consideration. The full text of the bill, as well as updates about its progress, is available here.
The National Rifle Association (NRA) announced almost immediately their full support of the bill. GunLink also fully supports HR 3799 and urge everyone to contact their representatives and ask that they also support the bill, which is co-sponsored by Frank Guinta (R-NH), John Carter (R-TX), Mike Kelly (R-PA), Chris Collins (R-NY), Glenn Thompson (R-PA), Tim Huelskamp (R-KS), Trent Franks (R-AZ), Mia Love (R-UT), Doug LaMalfa (R-CA), Chris Stewart (R-UT), Scott DesJarlais (R-TN), and Bruce Westerman (R-AR).
An easy way to contact your representatives is to use the tools at the PopVox HR 3799 page. From there, HR3799 proponents can choose to support the bill. Be sure to include a personal message about why you support the bill. By including your personal message about why you support the bill, you guarantee that the PopVox system will generate a physical letter of support that will be hand delivered to your representatives’ offices.
You can also discuss the Hearing Protection Act of 2015 on the GunLink forums.
Why Support HR 3799?
Aside from the fact that Continue reading
UCC Hero GoFundMe Campaign Clears a Half-Mil in a Half Day
In a deviation from the usual reporting after a public attack (MSM’s “journalism” and POTUS’s shameless politicizing aside), a number of law enforcement agencies and news outlets are refusing to utter the name of the attacker. Instead, what is making the viral rounds is the name of a hero who challenged the attacker.
Not to be confused with the similarly-named McLovin/Red Mist guy, 30 year old US Army veteran, Chris Mintz, faced the UCC attacker head on. Upon hearing gunshots in a nearby classroom, rather than running in the opposite direction, he headed toward the sounds of violence – charging the attacker and attempting to bar him from continuing his rampage.
Mintz was shot several times as he tried to block the attacker’s path. Reports indicate that Mintz fell after receiving his initial wounds and could be heard saying that it was his son’s [sixth] birthday before being shot again multiple times. A medical center spokeswoman is cited as saying that Mintz sustained a total of seven gunshot wounds. Mintz was taken to the hospital, where he remained in stable condition on Friday, his injuries including two broken legs.
Those injuries will no doubt incur massive medical bills, which is one of the reasons why his cousin, Derek Bourgeois, started a GoFundMe campaign with a goal of raising $10,000 to help with Chris’s bills and expenses. Only hours into the campaign, thousands of donors had already pooled their donations to far exceed that goal with tens of thousands of dollars. At just over twelve hours in, that sum had topped $500,000 and the donations, thoughts, and prayers continue to pour in for Chris and his family.
It is wonderful to see this outpouring of support for those who are willing to take a stand against such violent animals. The link is above if you wish to contribute to Chris’s GoFundMe campaign.
Thanks also go out to the first responders – the good guys with guns who showed up to stop the bad guy with a gun – and brought the situation to a close and those who treated victims.
Most of all, however, thoughts go out to the friends and families of those who did not survive the attack: the Alcaraz, Anspach, Carnes, Cooper, Dietz, Eibel, Johnson, Levine, and Moore families.
Update
