Robert K. Merting - Attorney at Law
Trust Your Guns: A firearms, business, and ITAR knowledgeable law practice
Yesterday the Supreme Court released a per curiam opinion striking down the reasoning of the Supreme Judicial Court of Massachusetts in Caetano v. Massachusetts. To understand the case let us consider the brief facts. Ms. Caetano has a child by an ex-boyfriend and the ex-boyfriend has become violent. She gets a restraining order against her ex-boyfriend, Read More …
The ATF’s new “Responsible Person” Form, Form 23, has been released in draft. Currently a copy can be found here. While generally giving us additional insight into the new application process coming in July, the Form 23 also clarifies a couple of earlier questions raised by ATF 41F. Specifically, the need to send fingerprints to Read More …
Those of you who followed ATF 41F from the time it was ATF 41P know about the two year window. Generally, this is a provision that allows the applicant to certify there has been no change in the entity since a prior approval in lieu of submitting required documents. But what does this really mean? The Read More …
ATF 41F, the final implementation of ATF 41P, has raised many issues. None of them are more confusing or more important than who is a ‘Responsible Person’. The exact meaning of this term, or more importantly who is included, decides just how much paperwork a trust must submit for a transfer. The Definition For starters, Read More …
The new requirements under ATF-41F changes the old CLEO certification to a CLEO notification, and extends this to trusts and other entities. So what will happen with that notification? In theory, the CLEO will be under no requirement to investigate the trust or “responsible person.” But they can alert the ATF to a legal prohibition against Read More …