Saturday, August 20, 2016

The Importance of ATF-41P For Gun Trusts

The Department of Justice is finalizing a proposed rule to amend the regulations regarding manufacturing or transferring a firearm under the National Firearms Act. The bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is proposing the following changes: (1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust, or legal entity to complete a form and submit photographs and fingerprints; and (3) modify the requirements regarding the certificate of the chief law enforcement officer (CLEO).

ATF-41P Moving Forward

The action date was originally set for December 2015, but it has recently been moved to January 2016. The bill has received over 9500 comments, but their review is almost complete--which means that further delays will be in months, not years.

Clarifications From the ATF

Because the particulars of the bill are still being finalized, we don’t yet know exactly how future gun trusts, requests, and transfers will be impacted. However, Brenda Friend Esq., who is the ATF contact, previously stated that the law would not be retroactive and would only apply to new transactions. During the 12th Annual Import/Export Conference, the ATF reiterated that any new regulation would only apply to applications submitted after the effective date of the regulation.

So, whether or not this ruling affects you will hinge on the date your paperwork is filed. Your case will not be affected by any previous applications utilizing a trust or other entity. As of now, it is not required to file a trust with ATF in advance of filing an application. Therefore, there is no reason to file a copy of one’s trust or other fictitious entity with ATF prior to submission of a Form 1 or Form 4.

An NFA Trust Can Protect Your 2nd Amendment Rights

As expected, everyone will want to know what defines pending: is it when the document was mailed, received, or when payment was processed? Again, unfortunately, we won’t know until January 2016. It is therefore important that you get your NFA trusts as soon as possible and is a great place to quickly get your paperwork ready--so that even if ATF-41P is implemented, it likely won’t apply to you.

Many people are contacting their U.S. Senators and voicing their opinion on this issue and demanding that they approve bill H.R. 2578 of the Commerce, Justice, Science, and Related Agencies Appropriations Act. This is because the bill includes a provision prohibiting the ATF from utilizing any of the appropriated money for requiring a Chief Law Enforcement Officer signature(e.g. ATF-41P). Additionally, the bill includes a provision providing for the funding of federal firearms relief, which has not been available since 1992.

Gun law can be complicated, and it’s important that you file your documents correctly. Don’t hesitate to visit 2A Trusts and contact us with any questions or concerns regarding your NFA gun trusts needs. We are at your service 24/7.

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