41F (changes to NFA trust)

41F (changes to NFA trust)

Postby goosed on Mon Jan 25, 2016 9:49 pm

Kind or surprised there isn't any talk of this... published on Jan 15, 2016 in the Federal Register(link).

For those not interested in reading the whole legislation, Effective July 13th 2016:
- ALL "responsible person(s)" in a trust must submit fingerprints and photographs to CLEO for ALL purchases/transfers (also if making) of NFA items
- CLEO sign off is NOT required (Stanek is one of the good guys anyways)
- Below quote is the gist of the key definition and application

this final rule defines the term “responsible person” as an individual in the organization that has the power and authority to direct the management and policies of the entity insofar as they pertain to firearms. This final rule requires that each responsible person complete a specified form and submit photographs and fingerprints when the trust or legal entity either files an application to make an NFA firearm, or is listed as the transferee on an application to transfer an NFA firearm.


Might be a good time to review your trust...
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Re: 41F (changes to NFA trust)

Postby Ghost on Mon Jan 25, 2016 9:54 pm

Good time to buy what you want and submit before you have to do any extra.
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Re: 41F (changes to NFA trust)

Postby goosed on Mon Jan 25, 2016 10:01 pm

Ghost wrote:Good time to buy what you want and submit before you have to do any extra.


Yep, wait times are going to go WAY UP!
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Re: 41F (changes to NFA trust)

Postby 2in2out on Wed Jan 27, 2016 9:00 pm

I hope not before I get my tax stamps.

Unfortunately, I fear that wait times will probably stay up for a long time. We can help them out by making sure the next POTUS signs a bill removing suppressors from the NFA list. I think this would be a most patriotic thing for us to do.
"...the liberties of the American people were dependent upon the ballot-box, the jury-box, and the cartridge-box; that without these no class of people could live and flourish in this country..." ---Frederick Douglass
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Re: 41F (changes to NFA trust)

Postby atomic41 on Thu Jan 28, 2016 7:28 am

Wasn't part of this change to add more staff to keep up? I believe that they were adding a bunch of people so wait times may not get worse...time will tell.
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Re: 41F (changes to NFA trust)

Postby JJ on Thu Jan 28, 2016 8:26 am

atomic41 wrote:Wasn't part of this change to add more staff to keep up? I believe that they were adding a bunch of people so wait times may not get worse...time will tell.


Proposed staff additions. Funding needs to be approved via Congress

Ben Rust aka: Minnesota Gun Trust lawyer, MN Gun Owners Caucus General Counsel has postsed an update with how the changes will effect the process going forward:

http://minnesotaguntrustlawyer.com/the- ... un-trusts/

The new rule creates a new category of person called a Responsible Person, and every Responsible Person for a trust will have to submit fingerprints, and photographs, and notify the CLEO of the trust’s acquisition of the firearm.Under the old rule a trust did not have to submit fingerprints, photos or have to get CLEO signature for any Application to make or transfer an NFA firearm.

The definition of what a Responsible Person means, it still being debated, but it seems certain that it will include the grantor or settlor (trustmaker) and all the trustees and co-trustees. The ATF specifically excludes beneficiaries from the definition of a Responsible Person. You will not have to get your minor children photographed and fingerprinted to buy another suppressor. Whether a Successor Trustee will be considered a responsible person is still unknown. I would argue that a Successor Trustee is not Responsible Person in a Gundocx trust because the Successor Trustee does not have a present right to possess trust property. That right to possess trust property unless the grantor/settlor becomes incapacitated or dies.

The big change for individuals is that the CLEO certification requirement is being removed. It is being replaced by a CLEO notification requirement. A police chief or sheriff can no longer prevent an individual from obtaining an NFA firearm by refusing to sign the individual’s paperwork. All the individual has to do is notify their Chief Law Enforcement Officer that they are submitting an application. It requires no response from the Chief Law Enforcement Officer.
"a man's rights rest in three boxes: the ballot box, the jury box, and the cartridge box." Frederick Douglass
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