Yet Another Bill To Restrict NFA Items

BY Herschel Smith
3 weeks, 3 days ago

American Suppressor Association:

Last week, Rep. Jennifer Wexton (VA-10) introduced H.R. 3404, the Empowering Law Enforcement for Safer Firearm Transfers Act. Her bill, the text of which was published today, would give Chief Law Enforcement Officers (CLEO) 90 days to assert uninhibited veto power over NFA applications. The American Suppressor Association is opposed to this unconstitutional attempt to create a local veto provision in the NFA process.

As drafted, local law enforcement would have absolute discretion to deny any applicant the right to acquire NFA items. The bill, which has intentionally vague standards, would unlawfully extend judicial powers to local law enforcement, allowing them to summarily deny the Second Amendment rights of law-abiding citizens who have committed no crime.

Prior to the enactment of ATF 41F in July 2016, individual applicants were required to obtain a CLEO signature before submitting their Form 4. In many jurisdictions this amounted to a de facto ban on NFA ownership, as CLEOs could refuse to sign the application for any reason. Recognizing the overstep, the Obama administration eliminated the CLEO signoff requirement through regulatory reform by enacting ATF 41F.

Rep. Wexton’s bill is an unconstitutional step in the wrong direction that would do nothing to prevent violent crime. Under current law, requirements for comprehensive background checks are already in place. Every applicant on every NFA application must pass a check by the FBI National Instant Criminal Background Check System (NICS) before they are able to take possession of the NFA item.

The goal here isn’t safety, it’s control. As we’ve said before, the American Suppressor Association is unequivocally opposed to any attempt to ban or further regulate suppressors. We are unwavering in our support of the Second Amendment, as well as the individual right to possess suppressors.

I’m uncomfortable arguing that since everyone who purchases an NFA item already has to go through an NCIS there is no need for anything else.  The point is that there is no need for the NICS, and its very existence is an unconstitutional infringement.

Take note that this is a further empowerment of CLEOs, as if anyone thought the progressives would ever do anything else.  While this may go nowhere this term, it’s an indication of what’s coming when the progressives take back control of the House, Senate and W.H.


Comments

  1. On June 28, 2019 at 4:35 am, DAN III said:

    ALCON,

    “Unconstitutional”. So what ?

    Barry barack hussein soetoro obama the usurper, was “unconstitutional” per Article 2, Section 1, Clause V of the United States Constitution. He was anointed not once, but twice. Not a peep out of our federal representatives to keep him from the Oval Office. Now another usurper vying for POTUS, anchor baby Kamala Harris. Herself no more qualified constitutionally than soetoro-obama. Yet, the precedent was set. She is a “citizen”. Screw the natural born requirement and thus the United States Constitution.

    Civil forfeiture laws, did you forget them ? 4th & 5th Amendments mean nothing.

    Of course, my most often emphasized destruction of the United States Constitution….the almost worthless 2nd Amendment. “….shall not be infringed”. Well, at least not 100,000 times, eh ?

    At what point in time do Patriots decide enough is enough and execute an organized termination with prejudice, EVERY ELECTED SCOUNDREL, starting with District of Columbia careerists ?

    Borders are wide open. Unvetted, foreign peoples are invading this nation in violation of our once, sovereign borders and dare I mention, the United States Constitution. Hell, the citizen’s con-gressional, House representatives just voted to pass a 4.5 BILLION dollar gift of citizen’s tax money to reward foreign invaders for their attack on Amerika. Meanwhile, there are United States military veterans and former warriors homeless on our streets. Where are THEIR thousands of millions of dollars to give THEM a home and a life worth living ?

    Hemp and Lead. AND the will to use such, is the only solution at this point in Amerika.

    And please, cease imploring the United States Constitution as the citizen’s savior. It is not. The United States Constitution is DEAD !

    Verify your zero.

    Make peace with your God.

    The time is near.

  2. On June 28, 2019 at 9:18 am, Jack said:

    They got rid of the CLEO sign off because there were LE that used the excuse “they didn’t want the Liablilty” with there signature on the form4.
    That and some LE just decided they didnt want civi’s to have what they had.

    Sooooo….WTFD?(what’s the f$8kN deal)
    Do they want it?
    Do they not want it?
    Or the truth….
    Anti’s are rolling, so why stop the train.

    #3

    Best Prepare…
    To include education from a mechanical end.

  3. On June 28, 2019 at 10:02 am, Frank Clarke said:

    I sometimes wonder if it wouldn’t be a good idea to let the progs drive. God knows the GOP hasn’t done anything for us, so maybe it would be a good object lesson in “what happens when you aren’t paying attention”. There might be a few left-assassinations in red states after which the coastal elites would REALLY turn the screws, and then… have you read “Tipping Point” (http://frankclarke.dx.am/TipPtPage.html) yet?

    “There will be civil war in this country before there is meaningful civilian disarmament.  Some days, talking to the anti-gun loons, I feel like I’m standing with a crowd of eight-year-olds, ankle deep in gasoline, trying to keep them from playing with matches.”

  4. On June 28, 2019 at 11:33 am, MTHead said:

    Cleo’s still have that power as a copy of your form4 is sent to them as well. Just in case they have some info the FBI database is lacking.
    Yes Jenny, that’s copy “c” on the ATF form 4.(we used to send them registered mail, return receipt. just to keep the process clean and question free.)

  5. On June 28, 2019 at 2:07 pm, Mike said:

    I got my suppressor using a trust (No LEO signature), before the law changed. My sheriff at the time let it be known that he wasn’t signing off for anybody to get any NFA items. Well, screw him, I got mine anyway.

    I thank God the BATFE boobs are so incompetent that they could never successfully implement any attempt to tell owners to destroy them/forfeit them/etc.

  6. On June 28, 2019 at 2:27 pm, Fred said:

    Herschel, check your mail.

  7. On June 28, 2019 at 5:48 pm, Gryphon said:

    Yes, the whole “NFA” framework is Non-Constitutional from the Start (It is a Tax on a Civil Right) but the Fact that this has Never been addressed is just another “Infringement” of ALL the Enumerated Rights in the Constitution. Nothing really Changes until the feral government Declares (some/all) Guns “illegal” and Demands their Surrender< 'buyback' or Not.

    It is telling that as far as I know, none of the communists have given any Thought to what happens when Semi-Automatic Arms are "Banned", and thus their Owners have an Extreme Incentive to "Rock-n-Roll".

  8. On June 28, 2019 at 6:51 pm, Herschel Smith said:

    @Gryphon,

    I know. From watching the most interesting debates last night, they can’t run far and fast enough to the left on gun control, each pushing the other. What happens next isn’t something they addressed. I would have loved it if just one of those interviewers had the balls to ask what happens when the first dozen politicians get shot.

  9. On June 29, 2019 at 6:43 am, Matt said:

    The whole NFA is a bunch of bull spit. The idea that the cops get unfettered access to NFA items and the subjects don’t is intolerable.

    Unfortunately, like it or not, the only way we’re going to fix things is by going down the proverbial rabbit hole. As was said above, the Repugs have done such a bang up job, maybe we should let the Regressives win and cook things off.

  10. On June 29, 2019 at 6:50 pm, Gryphon said:

    Herschel – To Me, that’s ‘the Damndest Thing’ – watching these pols and communists talk like all they have to do is “Pass Common-Sense Laws” and Ban Guns, then Everyone (except Them) will peacefully “Turn them In”. They live in some Alternate Universe, where there are No Consequences for the ‘Ruling Class’ that they think they are a part of.

    I don’t know if it’s ‘Cognitive Dissonance’ or Sheer Stupidity, but these people are Aiming for a Disaster unlike anything seen in this Nation; it will make the War between the States look like a Church Picnic, and because only a small percentage of the Population is not ‘Grid-Dependent’ the Body count is going to eventually be like Nuclear War….

    Buy More Ammo…

  11. On June 30, 2019 at 11:40 am, Fed-up said:

    Most police seem to be in the pockets of the democrat party, why should we trust them?

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This article is filed under the category(s) Gun Control and was published June 27th, 2019 by Herschel Smith.

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