An Act relating to immunity for sale or transfer of A firearm; relating to administrative functions performed by And fees charged by the Department of Public Safety for transfer of a firearm.

Updated: September 25, 1999

The transfer of firearms regulated by Section 5812 of the National Firearms Act requires a certification from a Chief Law Enforcement Officer (CLEO) on Federal Tax Forms 1, 4 or 5 which states, "I have no information indicating that the transferee will use the firearm or device described on this application for other than lawful purposes. I have no information that the receipt and/ or possession of the firearm described . . . would place the transferee in violation of State or local law."

Some legal opinions have caused officials to consider that signing forms 1, 4 or 5 might make them liable if the transferee were to commit a crime with the firearm or device. Additionally, officials have refused to sign citing an unfunded federal mandate.

This bill would remove the liability of public officials who sign federal forms, 1, 4 or 5 for damage or harm caused by the individual for whom the form was executed. Further, this bill would provide for a reasonable fee to perform any background checks deemed necessary by the Alaska Department of Public Safety. This would address the unfunded mandate question.

There is no known instance where an Alaskan citizen legally possessing firearms regulated by the National Firearms Act has committed a crime. Indeed, these same individuals undergo stringent background and fingerprint checks before approval, and pay a tax of up to $200.00 for each transfer. The Bureau of Alcohol, Tobacco and Firearms is very diligent in the enforcement of violations of NFA regulations.

Attachments:

• ATF Information on their firearms programs
• ATF National Firearms Act FAQ
• ATF Regulations
• National Firearms Act

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