David Codrea: NFA Rulemaking Comment Reveals Much

Making its filing under the wire for the December 9 deadline, the Firearms Industry Consulting Group submitted its comments Monday responding to the Bureau of Alcohol, Tobacco, Firearms and Explosives' proposed rulemaking change ATF-41P, regarding “Machine Guns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Corporation, Trust or Other Legal Entity With Respect to Making or Transferring a Firearm.” The FICG comments raise serious questions about both ATF’s compliance with established rules and the law, as well as about the Bureau’s relationship with leaders of the National Firearms Act Trade and Collectors Association, which filed the petition ATF says prompted the rulemaking change proposal in the first place.

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 “[ATF] failed to describe a single situation illustrating the problem it purports to address,” FICG noted. “The entire rulemaking seems to rest on a false premise … [ATF] failed to identify a single example where a prohibited person gained actual possession of a NFA firearm by virtue of his relationship to a legal entity, let alone where a person gained possession of a NFA firearm due to his relationship to a legal entity and then used that firearm in the commission of any crime."

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