Remember Your Tax Stamps!

Remember Your Tax Stamps!
By: Zach McCormick
Date: September 7, 2017

As Hurricane Irma bears down on Florida, preparation is key.
There are several stages of storm prep and, after physical safety, food and water, citizens are well advised to secure their important documents against the effects of the storm.
Because of how necessary tax stamps (proof of "Tax Paid" for the transfer of NFA governed property) are to lawful NFA ownership, they should not be overlooked during the storm prep process.

The best practice is to put these forms in something watertight like plastic food containers or bags. Even if the stamps are secured in a safe, it is prudent to wrap them in something that keeps the water out because many safes are not actually waterproof and the water can destroy whats inside even if the door is locked.

That said, don't fret if you've forgotten or lost your stamps. As long as you promptly notify the Chief of the ATF branch that issued your stamp of the loss via an affidavit, you should be able to get a "certificate in lieu of the lost or destroyed stamp" (See 27 CFR Section 479.37). This document is essentially as good as the original as it is basically a 'certified copy' of proof that you properly registered your NFA item.

Because it is the obligation of any lawful owner of NFA governed property to produce proof of registration to a duly authorized BATFE ("ATF") agent upon request, it is essential to have either the original stamp or at least a certified copy of it. As to the question of whether regular (non agency issued) photo-copies will suffice, the answer is, "yes and no". Yes, it will probably help you avoid local legal problems with local agencies but no in the sense that the obligation of owning NFA property requires that the actual proof of payment of the transfer tax be made (upon request by the ATF). Therefore, you will definitely need one or the other (original or ATF issued certificate in lieu of...) to be in total compliance with the law.

As always, make sure your physical safety is ensured before concerning yourself with these issues. However, once you and your loved ones are safe and sound, don't wait to get these matters well in hand.

Related Article: "Concealed Carry in Florida Without A Permit During a State of Emergency"

The Firearm Blog Posts an Informative Q&A with the ATF on the effects of 41F and NFA Gun Trusts

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.