ATF promises no NFA Trust changes until 2015

In good news for all of us, the ATF has stated that they will not change any rules for NFA Trusts until 2015.

According to Rule 1140-AA43, the ATF has listed “01-00-2015” as the nearest date that they will make a ruling.

The ATF, under the direction of Barack Obama, is considering making changes to how trusts apply for NFA items. Currently an NFA trust may submit applications for NFA items without Chief Law Enforcement Officer approval interview / signoff and without fingerprinting or photographs. The ATF claims that people who aren’t supposed to own guns are using trusts to obtain NFA items, but that has never been proven

The changes (nicknamed 41P) would include the following:

  1.  add a definition for the term “responsible person”
  2. require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints
  3. modify the requirements regarding the certificate of the chief law enforcement officer (CLEO).

The She-Shepherd and I have a multi-person trust. If the 41P changes went though we’d both have to submit photographs, fingerprints, and additional paperwork above and beyond the Form 01/04.

The 41P changes were proposed in the fall of 2013 and according to Tom Odom of Prince Law triggered over 9500 responses from concerned citizens.

I’ve been contacted by several readers who wanted to start their own NFA trust. I have been telling them that the rules may change, and to consider that when spending the money and time to set up a trust. I am glad I had my trust, but it also cost me about $600 from Gun Trust Lawyer.

I think it’s encouraging that the ATF isn’t going to change anything for at least six months, but if someone is still trying to decide to start a trust and file a Form 1 or Form 4 be advised that entire process will probably take well into 2015. My eFile time was just a little over 4 months, but the ATF’s eFile system is currently not accepting Form 1 or Form 4 applications. There is no estimate when we’ll be able to use the eFile system again. Paper applications are taking upwards to 11 months, although there is some data to suggest it’s getting faster and the ATF has acknowledged it’s hired more people to go through the backlog.

This means that if you’re trying to “beat the clock” against 41P’s final form, you may still not make it even with the latest announcement.

About the Author:

Short Barrel Shepherd Short Barrel Shepherd is a regular guy and works to make Web sites and mobile apps easier for people to use. He spends his free time attending fight-focused firearm, knife, and combatives training, motorcycling, writing, and playing games. His daily carry is a Glock 19 pistol and an AR15 .300 Blackout pistol in a backpack.
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1 Comment on "ATF promises no NFA Trust changes until 2015"

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  1. David says:

    It is generally believed that pre-rules-change forms will not be subject to the new rules (much like the ATF processed previously-submitted form 1s for machineguns even after the registry nominally closed).

    I am skeptical that the new rules are really going to pass anyways, at least in their current form. The comments were hugely against them. There is probably some sort of middle ground here where the ATF goes to CLEO notification and requires a ONE TIME submission from each trustee. This would remove the worst abuses of trusts, do away with CLEO veto, and save the BATFE a heck of a lot of time and effort.

    Also, paper applications are down to 8 months now from check cashed, and they’re getting even faster… I expect to see my Sig P556 SBR by mid-July, if not sooner.

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