Is It Illegal to Own a Machine Gun? Not if You Are a Business Entity
Provided by HG.org
The Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly known as the “ATF”) is responsible for regulating guns in the United States. A current loophole allows individuals to obtain weapons such as machine guns and sawed-off shotguns through corporations, trusts or other legal entities.
In response to rising concerns about this loophole, the ATF has proposed a regulation that would require background information when weapons are sold to individuals through corporations or legal trusts. Under current law, individuals wanting to acquire such weapons must file a photograph and fingerprint card with the ATF and the local chief law enforcement officer (CLEO) of a state or county to "assert there is no reason to believe it would be illegal for the buyer to own the gun." But, that requirement does not apply "if the applicant or transferee is a partnership, company, association, trust or corporation. As such, persons who possess, directly or indirectly, the power or authority to receive, possess, ship, transport, deliver, transfer or otherwise dispose of a firearm for, or on behalf of, the entity are not subject to these requirements, and ATF does not conduct a background check of those individuals."
According to the ATF, legal entities requesting involvement in gun manufacture or transfer, but who are not federal firearms licensees, increased nearly 5000% from about 840 in 2000 to 40,700 in 2012.
The loophole was brought to the Department of Justice's attention by the National Firearms Act Trade and Collectors Association (NFATCA), which submitted a petition to the ATF requesting amendments to change the law, according to the agency's action. The agency proposes changes to the nation's gun laws that require more background information from legal entities acquiring weapons. In addition, the ATF has requested comments on whether the information provided will be enough for CLEOs to adequately investigate those making applications.
Tightening requirements for background checks is also meant to allow the agency to weed out individuals wanting to obtain certain weapons, but who are not eligible to do so, such as convicted felons or the mentally ill.
Although these changes were initiated before the Naval Shipyard Shooting on September 16, 2013, proponents of the change note that the tragic event underscored the need for tighter review of applicants for gun ownership, particularly those with histories of mental illness.
Comments for the rule revision are due by Dec. 9.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
According to the ATF, legal entities requesting involvement in gun manufacture or transfer, but who are not federal firearms licensees, increased nearly 5000% from about 840 in 2000 to 40,700 in 2012.
The loophole was brought to the Department of Justice's attention by the National Firearms Act Trade and Collectors Association (NFATCA), which submitted a petition to the ATF requesting amendments to change the law, according to the agency's action. The agency proposes changes to the nation's gun laws that require more background information from legal entities acquiring weapons. In addition, the ATF has requested comments on whether the information provided will be enough for CLEOs to adequately investigate those making applications.
Tightening requirements for background checks is also meant to allow the agency to weed out individuals wanting to obtain certain weapons, but who are not eligible to do so, such as convicted felons or the mentally ill.
Although these changes were initiated before the Naval Shipyard Shooting on September 16, 2013, proponents of the change note that the tragic event underscored the need for tighter review of applicants for gun ownership, particularly those with histories of mental illness.
Comments for the rule revision are due by Dec. 9.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
