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What does the new rules involving NFA Transfers mean to you (if you're a New York state resident)

BATFE 41FBefore you start saving up your hard earned cash for your transferable machine gun and/or suppressor,
or your next SBR/SBS home build, and you're thinking "I don't need a CLEO signature anymore, on a Form 4 or my Form 1, you better think again.


The only thing that has changed is that you need one less signature.

And before you ask, Individuals only in New York State.

Read on and be enlightened:
NFA for NYS LEO's. -

To my brothers and sisters in arms in New York State : you are not out of the woods on this. ATF41F has fixed' nothing for you. You still need job permission to take advantage of your occupational exemption.

To own and possess an NFA weapon or Suppressor you need to become a Transfer Tax Payer and not a "Class III" Licensee.
  In order to pay the tax in NYS, you need to be affirmed that you can take advantage of that occupational exemption. and that affirmation must be in writing.

Your exemption from the prohibitions of possession as covered under NYS Penal Law §265.20, still has a caveat. Police and Peace Officers are afforded an exemption from the prohibitions of possession. Those who can possess and carry a firearm (handgun) on their 'Badge' are so identified in CPL §1.20(34) as well as
§2.10 and possess their 'approved' firearms per PL §400 (basically, you don't need a Pistol Permit).

You possess firearms in NYS by virtue of your badge only. Your employer still has the vested authority under the CPL to regulate and prohibit what you MAY possess on your badge. Remember, NYS is a MAY issue state and

Several dozen municipal agencies regulate what an LEO MAY own & possess Off- Duty. I.e. Suffolk Co. PD has a Patrol Guide addition that was added a few years ago under an earlier Commissioner that prohibits off-duty possession of machine guns and suppressors.

NYPD - Office of Legal Matters has directly told NFA Branch that no Member of Service is authorized to possess NFA items. Albany City, Binghamton, Buffalo and several county Sheriff's Depts. also have Rules and Procedures dictating no such personal possession.

We have talked to a senior supervisor at NFA, and for all transfers to Cops and Deputies in NYS, a job letter signed by the highest ranking member or their designate, will STILL be required.

Sorry to bust your bubble.
As a side note; the NYSP Troopers Manual actually details how a grey bagger acquires a machine gun. Section 16 of their Trooper's Manual detail just how they are to procure a 'machine gun' in compliance with NYS law.

As far as I know, they are the only ones so exempt from a job letter.

And to put the question to rest before it's asked, there is no NYS Gun Trust. 
Only those entities specifically listed in
§265.20 are eligible.

So you think your Chief or Sheriff will sign-off on your 'Job Letter'.
What do you do next?

First thing to do is type up on your agency letterhead, the Exemption Acknowledgement form letter (Job Letter).
Don't play games with this. The NFA Branch will call your Chief or Sheriff if it's the first time they have ever signed a letter. We have provided a sample letter fro you to plagiarize JOB LETTER SAMPLE. Read every line in your Patrol Guide and see if anything is mentioned against such possession first. You should have a separate letter that you wrote detailing who you are, what it is you intend to acquire and why you think that you can own & possess it.

If it's a suppressor you're after, explain how it would enhance your instructions to your entry tem during training since hearing protection won't be required during range lectures.

For a transferable machine gun, explain how the particular model you're acquiring will be used in training of outside agencies and that way it won't tie up a department weapon if needed during the training session.

Your Form 4, that document that details your desire to have your favorite NYS NFA dealer submit to NFA for Transfer Approval, will need to be completely filled out with your information as well as the full description of the NFA item you're purchasing. You may tell him you're looking for a Suppressor but you actually intend to acquire a machine gun. Remember that part above that reminded you that your agency has the authority to regulate what you possess off-duty? You don't have enough Vacation days to give back if you commit fraud. Most bosses don't like blank spots on the form but most will understand that you may be waiting for a serial number from the manufacturer or out of state dealer at the time of submission.

 Aside from the Form 4, you will also be provided with 2 fingerprint cards that have been stamped by the ATF. FBI cards or other cards used by your agency are not acceptable. Only the F258 cards can be submitted. (they are marked ATF-NFA Branch). You should NOT substitute these cards! It’s generally easiest to just get the fingerprints done while you’re at your agency while you're waiting for the Chief's or Sheriff's signature on your letterhead.

The last step is to sign a copy of form 5330.20 – basically saying you’re a U.S. Citizen.

Once this is done, everything goes into an envelope and mailed off to ATF-NFA with a check for $200.

At this point, you get to practice waiting.  For most people, the hardest part of buying an NFA weapon or suppressor is having the patience to wait for that tax stamp to come back from the ATF.

As soon as your Form 4 transfer is approved, you’ll be notified that you can come pick up your NFA item from us.

In the last 5 years, Silencers have gained significant popularity. The cont of states where Silencers are legal is up to 42 now, with several of those allowing Silencer use while hunting. Hog hunting with Silencers and Night Vision / Thermal Vision has made the endeavor even more enjoyable and successful.

 The most common pathway citizens are taking in states where possession is legal is to buy them is with a trust. If you want to buy a silencer, you must simply submit a copy of your trust along with 2 Form 4's for the federal background checks. The alternative is to buy a silencer as an “individual” which involves a lot more paperwork, signatures and time.

Our president, in his infinite pursuit to protect the American people, is looking to end what he is calling the “NFA Loophole.” (Loophole ?????…) The straw that Obama is grasping at involves the trustees that could be named on a given trust. The way a trust works in regards to silencers is a trustor (owner of the trust), beneficiary (individual who will inherit the contents of the trust), and trustees (individuals who can legally use contents of the trust) must be named.

Every trust is different, but all these titles could be bestowed on just one person or possibly many. Obama’s fear is that a trustor who is a good, law-abiding citizen may have a group of potential criminals as trustees; allowing unsavory people access to the stigmatized tool of destruction that is a silencer (as viewed by our media). This is not as farfetched as you think. Several Nevada Trusts were confiscated because of membership improprieties.

So to save the United States from this horror, after July 13th all NFA sales involving a trust will perform a background check on all the individuals named in the trust. Some people view this as a practical way to curb crimes involving a silencer while others see it as another witch hunt disguised as taking away firearm rights. The image below is the proposed change in the background check (Form 4) that will take affect July 13th.


Proposed Form 4 PP3


For the time being, any NFA paperwork that is dated and submitted before July 13th is applicable to our current laws for silencers. On July 13th and any time after you will be subject to the new rules for purchase.

Something that could make all of this null and void is the “Hearing Protection Act.” This bill still has not come to a vote, but it basically would remove the NFA regulation from silencers and you could buy them over-the-counter like a shotgun for duck hunting. Until July 13th rolls around we may see a huge spike in silencer sales as we await the implementation of yet another non-sense gun control measure.

--> Fairfax, Va.— The National Rifle Association’s Institute for Legislative Action (NRA-ILA) announced its support today for the Hearing Protection Act (H.R. 3799).  Sponsored by Congressman Matt Salmon (AZ-05), the legislation removes suppressors from regulations established under the National Firearms Act of 1934.

“Suppressors significantly reduce the chance of hearing loss for anyone who enjoys the shooting sports,” said Chris Cox, executive director of NRA’s Institute for Legislative Action. “On behalf of the NRA and our 5 million members, I want to thank Rep. Salmon for his leadership on this important bill."

Prevailing regulations requires buyers to send an application to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), pay a $200 tax, and pass an arduously time consuming ATF background check. Under Salmon’s bill there will be no application, no tax, and buyers would be required to pass the same National Criminal Instant Background Check (NICS) as law-abiding guns owners.

As a leading voice in the industry, the American Suppressor Association has provided valuable insight to the creation of the Hearing Protection Act. “Suppressors benefit all involved in hunting and the shooting sports. It’s time to bring the law in line with modern technology,” said Cox. It is currently legal to hunt with a suppressor in 37 states. 42 states allow private ownership of suppressors.


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