Friday, June 17, 2016

Firearm Forum Question: BATF, Rule Change, Application for a Suppressor

Ask A Firearms Question:
Can you shed some light on the NEW rules for acquiring a Suppressor?
Thank you Leroy Jenkins.
Disclaimer:
This is a helpful outline for anyone who is thinking of Purchasing a New Suppressor (Silencer). It is NOT intended to act as a Legal Document, but is published for Information Purposes only.
Answer :
Blog Administrator -
Yes the rules for ownership have changed and will take effect July 13, 2016.
These rules are governed by the BATF
(ATF: Alcohol, Tobacco, and Firearms Bureau of Homeland Security). The agency regulates firearms and monitor and change rules for ownership of certain types of Firearms, Weapons, and Accessories which include Suppressors.

The Rule Change is referred to as - ATF 41f (previously known as Rule 41P).
Here is essentially the overall layout of the new 41f Rule ...

What is ATF Rule 41f ?
ATF Rule 41f is the final regulatory rule signed by the Obama administration on January 4, 2016 regarding the transfer and manufacture of weapons regulated by the National Firearms Act. The initial proposed rule (Rule 41P) proposed adding a new definition of a "responsible person" to the regulations and would have required all responsible persons in any entity used to purchase or manufacture NFA weapons to obtain the signature of their Chief Law Enforcement Officer (CLEO signature) on the application, as well as submit fingerprints, and 2 photographs for review by ATF examiners. 
Major Change: Entities, such as Gun Trusts, LLCs and Corporations, have become a popular mechaism for acquiring NFA weapons because individuals experienced difficulty in obtaining the CLEO signature in many areas of the United States. At times it was outright impossible, therefore, the use of an entity to acquire such weapons did not previously require the applicant to obtain the CLEO signature.

ATF Rule 41f is the Obama administration's final version of the proposed rule and will have a substantial impact on the use of Gun Trusts and other legal documents in the purchase and sharing of NFA weapons, which include Suppressors.

When does Rule 41f go into effect:
The effective date of the rule will be 180 days from the date that it is published in the Federal Register, which was January 15, 2016. That makes it effective July 13, 2016. All paperwork that was submitted to the NFA Branch for processing prior to July 13, 2016 will be processed under the former rules.
Note: If your paperwork is received by midnight July 13, 2016 it will be processed under the old rule. You should send all documents to the ATF by Priority Mail with a tracking number.

What to anticipate -
There is all ready a huge rush by applicants of 'Suppressors' to get a Form 4 submitted to the ATF before the deadline. Manufacturers have had problems keeping up with demand. Even if you get your paperwork submitted before the deadline expect a long response time before approval, probably at least 6-months.

ATF Form 4 -

Current Problems that affect the purchase of a Suppressor or other weapons that require a $200.00 Tax Stamp and approval from the BATF.
1) You must purchase a Suppressor from a licensed FFL (Federal Firearms Licensed) Dealer.

2) The FFL must acquire these Suppressors from either the manufacturer, i.e Gemtech, Yankee Hill, etc. or their licensed distributor. The FFL must fill out Form 2 and the ATF must approve the transfer and sale from the manufacturer to the local licensed FFL. This is currently taking approximately 3 months.
ATF Form 2 -

3) If a dealer needs 3 months approval before they get the suppressor to sell you, the July 13, 2016 date will expire.

This is why, if you want to purchase a Suppressor or other Form 4 Weapon, you should acquire one from a licensed FFL in your immediate area that have the item you want in stock, good luck on that.

IMPORTANT: If you have any questions, please contact the ATF directly.
This page is merely a guideline and not a legal definition of any government rule, regulation, or law.

 Also, see this LINK about Suppressors -
http://askafirearmsquestion.blogspot.com/2015/02/firearm-forum-question-what-you-need-to.html

Commentary -
If you have not all ready sent in your application for a suppressor, it probably is best that you wait a few months, let the traffic backlog get back to normal, and simply just submit the new items under the requirement - 2 Photos and a Fingerprint Card.
.
==> My recommendation on a Purchase of a NEW Suppressor is -
to wait until around September 2016.
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