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41P and the ASA

ASA and 41P When the ATF initially proposed their 41P rule change in 2013, we took it very seriously and worked hard to help NFA users submit as many comments as possible.  We also invested significant resources in writing a comment of our own - which you can read here if you're interested. Since that time, we've been working closely with the American Suppressor Association to ensure 41P doesn't go into effect; and, that it will have a minimal impact on this industry if it does.

What is 41P?

If 41P goes into effect as originally written (which is unlikely), it would require all members of a trust or corporation to get a CLEO signature and fingerprint cards with each NFA purchase. It's easy to see how this would place a significant burden on new suppressor owners - and why the industry & gun owners are against it.  (You can read more details about 41P on this page.) Keep in mind that it's unlikely that 41P will go into effect as originally written.  There are lots of things that could be changed & watered down - and the ATF has said it could take months to implement if they decide to move forward. They've also said that existing NFA applications would not be impacted by 41P going into effect.

What is the American Suppressor Association doing about it?

The ASA has been on the front lines of the fight against 41P - as well as helping expand our rights in many other ways. There are currently several strategies, and we can't go into all of the details here; but, here are the main points:
  1. At the federal level, passing a law to defund 41P would essentially eliminate the threat even if it does go into effect.  There are several lawmakers who are helping with this effort (including Congressman John Carter who visited our shop recently) .
  2. At the state level, the ASA is pushing for 'Shall Sign' legislation and rule changes (depending on the state) - so CLEO signatures would be easier to get.  (I don't think this would be a true solution to 41P, but it would help.)
  3. The ASA is also committed to educating both the public & our lawmakers so suppressors are seen as what they really are: a safety device.  The more people know about suppressors, the less likely they are to think of them in a negative way, which is why education is so important.
In addition, the ASA is working to remove suppressors from the NFA altogether with the Hearing Protection Act - although we don't expect that to pass anytime soon.

Is it panic time?

After working closely with federal & state lawmakers and regulatory agencies (including the ATF & NFA Branch) - it's obvious that nobody wants 41P to be implemented (other than the current administration). If it did go into effect, it would create problems at every level - for both government & industry. We don't have a crystal ball any more than anybody else, but everything we hear from the ATF, NFA Branch, and lawmakers indicates that it will continue to be put on hold indefinitely.

Please support the American Suppressor Association

As with any other lobbying organization, the ASA needs members & money to be successful. It doesn't take much to join the ASA - and a donation is simple with your order at Silencer Shop by simply adding a buck for the ASA during the checkout process.  Thanks to your generous donations, we've been able to collect and donate over $65,000 in 2015 alone - which is a huge part of the reason the ASA has been so effective at fighting 41P! If you haven't already joined the American Suppressor Association, please take a few minutes to support this cause and join today.  

16 responses to “41P and the ASA”

  1. J.R.Mathes says:

    As a small gun dealer ,I am requesting that you do all you can possibly do to do away with 41P. There are enough govermental regulations now to impact any person trying to make a living in the gun business. To place additional restrictions on the gun silencers is removing another small chip from our freedoms. I pray you will take the appropriate actions.
    J.R. Mathes

  2. James P Gough says:

    Calling yourself Silecer Shop. Really, if your not for us your against us. I know of a lot of suppressors but only one silencer. Your name is beyond mindless and you know why. If you try to or support trying to get suppressors off the NFA list THEY being the politicians will screw it up beyond today’s level. Take for instance updating NFA tax to today’s money. Making Class 3 guns non transferable like in Canada. Open Padoras box is beyond good reasoning. Yeah I love your products but your name is part of the problem if your really serious change it and don’t mess with NFA stuff.
    James P Gough

    • says:

      This is a debate that spans across time with no end in sight 🙂 The ATF classifies them as silencers but they act more like suppressors in function. The first patent refers to them as silencers as do several manufactures including SilencerCo, Sig Silencers, Bowers Group, Griffin Armament, Advanced Armament etc. The name silencer is technically the legal definition but both terms are interchangeable.
      As part of the ASA we are committed to their vision “To unite and advocate for the common interests of suppressor manufacturers, distributors, dealers, and consumers. To accomplish our mission, our principal initiatives focus on state lobbying, federal lobbying, public education, and industry research.” Thanks for you comments.

  3. Artimax says:

    The Bill is a total waste of time and money. The suppressor purchaser in FL is still required to pass a background check and fill out the ATF form 4473, the same requirement for any firearm purchase.

    • Dave says:

      We completely agree. ATF 41P won’t do anything other making it harder to own a suppressor – which is why we’re working with the ASA to prevent it from going into effect.

  4. Michi says:

    In Colorado, we’re already required to get a background check for everyone on a trust. Not only on pickup of the item, but on transfer of anything else into the trust. (For an SBR lower, I had to get a background check on myself for a lower I got a background check on a week earlier.) CLEO signoff is designed to just create another obstacle — even with a trust, this process isn’t quick, mindless or easy.

    A lot of the appaled pro-41p folks seem to be talking about how it “shouldn’t be quick and easy” to get a suppressor. That’s not the issue. The issue is that one person (CLEO’s) whim can make it impossible, with no recourse, rationale, or due process. Just whim.

    I know you guys have been saying that you don’t think 41p will happen, but with January timing up almost exactly with EOs on gun control (who knows what those will be) – I think politicians see now as the perfect time for it.

    One thing I don’t know if you guys could add any insight to:

    … I can only hope that Form 3 transfer-to-dealer-to-Form 4 orders that have gone in in December are safe from the decision. I’m worried that if an order placed today (Dec. 22) that may not result in a Form 4 start for 3 weeks because of the holidays (Jan. 12) may not get an acceptance/check cashing from the ATF until after the decision which is said to be Jan. 16… It’s gonna be close.

    • says:

      We checked with several lawyers and FFLs in Colorado about this. I think that your FFL might be mistaken on everyone on the trust required to get a background check. The only person that has to complete a 4473 is the Trustee that is picking the item up.
      You are 100% right that the CLEO signoff is designed to make it difficult or impossible to purchase.
      In the past the ATF has talked about forms that are already in queue to be grandfathered in. However no one really knows for sure. Also it typically takes 60-90 days for the ATF to implement a rule change so you should be ok.

  5. Daniel Flowers says:

    Good morning,

    So did this thing pass? Some have said it passed yesterday, and I am left wondering if I should even setup a NFA trust as H.R. 3799 aka Hearing Protection Act of 2015 is still in committee and no hearing has been set for it. What in the world can we do to fight this? This morning I called my state Representatives and Cruz and Cornyn to boice my opposition. But what else can we do? NEVER will I supply fingerprints, photos etc. to the ATF, nor will I get a CLEO signature as this is an infringement upon my 2nd Amendment rights. So abiding by 41P isn’t an option. Please shine some light at the end of the tunnel.


    • Dave says:

      ATF 41P hasn’t been published in the registry yet – but we suspect it will be within the next few days. Once that happens, there will be a 180 day window before it’s actually enforced, and all approved and pending applications are supposed to be grandfathered under the existing rules.

      Since it’s an executive action, it’s hard to know what we can do to block parts of it; but, we are currently looking into options.

      You can read more about the final ruling (ATF 41F) on this page:

  6. marc says:

    My understanding is that the CLEO signature isn’t required but CLEO “notification” is. Fingerprints and photo must be submitted once every 2 years and will be good for any items placed into the trust within that two year frame; anything ordered prior to the enacting of the new rule will be “grandfathered” in under the old rules (meaning you can buy them now and avoid the aforementioned new hassles later. All of this info was obtained from here:

    • says:

      That is correct. The FFL would notify the CLEO not the individual. Of course all of this is subject to change until it actually happens or is added to the registry.
      Also you are correct in buy now to avoid the hassle.

  7. simone zimmer says:

    Nice writing ! I was enlightened by the info ! Does anyone know where my business could possibly get a fillable ATF 4 (5320.4) form to fill out ?

  8. charis mosquera says:

    My partner got ahold of a fillable ATF 4 (5320.4) version at this place

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