Obama’s Executive Orders, ATF 41F and the Impact on NFA Trusts

| January 5, 2016 | 0 Comments

We have been watching “41P,” the ATF’s proposal to change NFA trusts. Despite significant comments from the public, the ATF has decided to roll out some changes.

New requirements under 41F (what 41P will be named after it is enacted):

  • Each responsible party in a trust must provide proof of citizenship, or a certification that a legal alien is exempt from NFA application restrictions.
  • Each responsible party in a trust must provide a passport-sized photo with each application, taken within the last year.
  • Each responsible party in a trust must provide an FBI Forms FD-258 (Fingerprint Card) — I don’t know if these can be done once and kept on file, or have to be made anew with each application.
  • Each responsible party in a trust must notify their chief law enforcement officer that they are filing an application for an NFA item. I am glad this is not CLEO sign-off, which is one of the reasons people create NFA trusts in the first place.

41F will take effect 180 days once it is published in the Federal Registry, and is not retroactive. If you are interested in submitting a Form 1 or a Form 4 without going through the additional steps, you have a grace period.

From the 248-page ruling:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act (NF A). This final rule defines the term “responsible person,” as used in reference to a trust, partnership, association, company, or corporation; requires responsible persons of such trusts or legal entities to complete a specified form and to submit photographs and fingerprints when the trust or legal entity files an application to make an NF A firearm or is listed as the transferee on an application to transfer an NF A firearm; requires that a copy of all applications to make or transfer a firearm, and the specified form for responsible persons, as applicable, be forwarded to the chief law enforcement officer (CLEO) of the locality in which the applicant/transferee or responsible person is located; and eliminates the requirement for a certification signed by the CLEO. These provisions provide a public safety benefit as they ensure that responsible persons undergo background checks. In addition, this final rule adds a 1 This final rule was signed by the Attorney General on January 4, 2016. It is effective 180 days after date of publication in the Federal Register. The final rule published in the Federal Register may differ slightly from this version as a result of Federal Register formatting. new section to ATF’ s regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a ”transfer” under the NF A. It also specifies that the transfer of the frrearm to any beneficiary of the estate may be made on a tax-exempt basis.

You may download the 41F from GunTrustLawyer, as well as read their initial analysis.

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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