CNN talking out of their @$$es on NFA Trusts

So I’m checking out one of my favorite forms, Silencer Talk, the other day and come across a thread talking about an article that was on the Cable Communist News Network (CNN) about National Firearms Act (NFA) Trusts, commonly called “gun trusts”.  That CNN was doing a piece on anything guns should tell you right away it was going to be slanted in the “anti-gun” direction.  I deliberately didn’t blog about it right away because I honestly didn’t know where I should begin with this load of crap being shoveled at us.

Loophole allows for easier purchase of high-powered weapons

You know what?  It’s a fairly well-written article to the uninformed.  Were I not the responsible, informed gun owner that I am, this might sound like some horrible “loophole” in the law.  Let’s start there.

First off, is it REALLY that hard for a reporter to do a little actual homework into a subject?  The “trust” route (among others) for purchasing NFA items was planned and negotiated into the National Firearms Act as it was being written.  It is not a “loophole”.  A loophole is an oversight.  Know what?  If you own a corporation, you can also use THAT to purchase NFA items.  Each route for acquiring NFA items in the law has specific uses in mind.  A NFA Trust allows the trustee, and anyone else named trustee, of the trust to maintain possession of any NFA item listed in the trust.  This means that a husband and wife that create a trust can both INDEPENDENTLY of each other, and without breaking the law, take little Suzie shooting with the suppressed .22LR rifle that they bought to teach their daughter how to shoot.  They can also name little Suzie in the trust to receive this rifle upon their passing, eliminating needlessly complicated legal action and additional federal taxes.

Now, forming a NFA Trust does mean that the trustees of the trust do NOT have to get the “permission” of their local chief law enforcement officer (the sheriff… I have no idea what CNN is talking about saying “…or district attorney”.  That’s a new one on me.) like an individual would need to do when doing an Individual Transfer of an NFA item.  This means that the trustees don’t have to rely on any individual one person’s personal beliefs when applying for something they are legally allowed to own.  Quite literally, if the sheriff doesn’t like you (for any reason, personal or otherwise), doesn’t like guns, is having a bad day, whatever… he/she can deny your sign-off.  This type of system has absolutely nothing to do with criminal activity or any other valid reason and gives to much power over the rights of many to whims of a single individual.  “Good ol’ boy” systems don’t work as a legal standard.

Next, the BATFE does not do a background check on the Trust because it is an entity and not a person.  However, they do verify that the trust is valid and in good standing.  NFA items, upon being transferred to the trustee, require a firearms form 4473 to be filled out for record since they are “over the counter firearms transfers”.  From the NFA Handbook, emphasis added:

9.12.1 NFA Transfers to other than individuals. Subsequent to the approval of an application requesting to transfer an NFA firearm to, or on behalf of, a partnership, company, association, trust, estate, or corporation, the authorized person picking up the firearm on behalf of, a partnership, company, association, trust, estate, or corporation from the FFL must complete the Form 4473 with his/her personal information and undergo a NICS check.
So, this means when purchasing a NFA item through a TRUST (not an Individual Transfer), a NICS check is performed on the trustee picking up the NFA item to verify they can legally own a firearm.  Hear that, CNN?  People who use Trusts to get NFA items STILL have to go through a background (NICS) check!  Individual Transfers for NFA items do NOT have to go through a NICS check because the BATFE has already done a detailed background investigation on the person the NFA item is being transferred to.  Bottom line: you want an NFA item, you are getting a background check at one point or another.  Period.
As for this assclown…

But one former chief local law enforcement officer says he’s only using the authority granted by the law.

J. Tom Morgan served as district attorney in DeKalb County, Georgia, for 12 years. For Morgan, the incredible firepower of some of the weapons in this class means a person must have a good reason for wanting one in his urban county.

“Just because someone liked the idea of having one, that didn’t make sense to me,” Morgan said. He denied all but one such purchase.

Besides, Morgan says, the law enforcement community expressed uneasiness over possibly confronting people who are armed with such weapons.

If that’s not an abuse of power, I don’t know what is.  I don’t recall there being a “justification clause” in the Constitution.  As for DeKalb County; they were represented by Cynthis McKinney. The county is full of the types of “constituents” who sent this loon to Washington. Here’s her latest ass-hattery.  I guess I shouldn’t be surprised there’s another apple from the same tree dropped there in Georgia…

Also, NEWS FLASH!!! People who spend the time and money to go through this pain in the ass process to get a NFA item are NOT going to turn around and commit a crime with it.  Here’s a challenge: someone point me to a case of a crime being committed with a legally owned NFA item.  Not one stolen from someone or bought on the black market, but an actual NFA owner committing a crime with his NFA device.

Lastly, I would like to chastise the men who thought it would be a good idea to talk to a CNN reporter about firearms and NFA ownership and actually think that their words would not be clipped/edited/mangled out of context.  Shame on you.

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