The Firearm Blog Posts an
Informative Q&A with the ATF on the effects of 41F and NFA Gun Trusts
By: Zach McCormick
July 18,
2016
One of my
favorite firearms blogs, (The Firearm Blog) has posted a very
informative "Q&A" with an ATF NFA Branch Agent
that discusses, among other things, what has changed when it comes to how to
use trusts to hold NFA items now that the new "41F" rules have gone
into effect.
It is
definitely worth a read through if you are considering using a trust to
lawfully acquire new NFA property. However, the summary of the article is that
basically everyone that is named in a trust who can possess trust property must
submit fingerprints and photographs in duplicate and they must provide
copies of these documents to their chief law enforcement officer. The
definition of who constitutes a chief law enforcement officer now includes the
State Attorney's Office as well as the Sheriff or Chief of Police in the
locality within which the citizen resides. However, it is important to note
that these new rules are so new that the various agencies may be unfamiliar
with them at first and it may be a good idea to reach out to an employee of the
department that the documents are being sent to before sending them to
help prevent misunderstandings.
There is
also still some confusion as to who exactly has to submit prints because
although the new rules specifically exempt 'beneficiaries' from the photo and
printing requirement, the definition of a 'responsible person' essentially
includes anyone who has a present interest. This could include a
"beneficiary" who can enjoy the benefit of the trust prior the death
of the settlor and/or trustee. Based upon the responses given by the ATF agent,
the likely answer to this question is that everyone has to give their prints
and photos. Unfortunately, this will increase the paperwork requirements for
the citizen applicant considerably.
At the
risk of stating the obvious, the complexity of using a trust to successfully
secure a tax stamp has increased (although the benefits of trust are still very
much in existence). Therefore, the need to have a properly executed and
compiled trust packet is at an all time high. This sentiment is echoed by the
ATF agent interviewed by The Firearm Blog as he mentions that getting the
documentation right is essentially the only real way to speed up the process of
getting the tax stamp back timely. So pay extra attention to compiling the
paperwork or else make sure you have a lawyer that knows what they are doing
handle the matter for you.
A small
bit of good news for those that have completed their NFA collections already is
that no further action has been mandated by the ATF to simply maintain a trust
that already has tax stamps and NFA property in it.
