Silencers Loophole Targeted for ClosureATF Seeks Background Checks for All Members of Weapon-Buying Trustshttp://online.wsj.com/article/SB10001424052702303492504579111243276511128.htmlExcerpts:
Under the new rule, proposed Sept. 9 by the Bureau of Alcohol, Tobacco, Firearms and Explosives, people linked to the trusts also would have to obtain a sign-off from local law enforcement and undergo criminal background checks. The proposal is open to public comment until December.
The ATF's proposal says "responsible persons" of a trust seeking to purchase a silencer or other weapons covered by the National Firearms Act would have to submit fingerprints and a photo to the federal government, pass a criminal-background check and get local law-enforcement approval. Even absent background checks and the law-enforcement sign-off, dealers say it takes the ATF from two to nine months to process the paperwork.
Gun dealers said signatures are hard to get in many jurisdictions. The ATF acknowledged as much, disclosing in its proposal that several sheriffs and police chiefs had privately expressed their discomfort at signing off on applications for items regulated under the National Firearms Act. A spokeswoman for the ATF declined to comment.
Sheriff David B. Shoar in St. Johns County, Fla., said last year that he would no longer sign off on the paperwork for those seeking weapons covered by the National Firearms Act, including silencers. Commander Chuck Mulligan, a spokesman for the office, said the sheriff's decision was driven by a lack of resources to conduct the necessary checks.
Federal courts have upheld the sign-off requirement, most recently in 2002. The U.S. Court of Appeals for the D.C. Circuit rejected complaints that the rule allowed law-enforcement officials in Virginia and Alaska to arbitrarily wall off access to weapons and accessories that are otherwise legal.
