Anyone who owns a suppressor or NFA item is very aware of ATF Rule 41F which went into effect on July 13, 2016. Rule 41F is the final version of the initial Rule 41P. Over 9,500 comments were submitted. The primary source of anxiety was a proposal to require NFA Gun Trusts to obtain Chief Law Enforcement Officer (CLEO) signature – which is virtually impossible in most parts of the country. Indeed, the unprecedented rise in NFA Gun Trusts is tied directly to the dramatic increase in suppressor sales during the past decade as CLEO signature was not required for a Trust entity (as it is was for an individual applying for a Form 1 or Form 4.
The good news is that the final ATF Rule 41F dropped the CLEO signature requirement to only CLEO “notification.” NFA Gun Trusts and individuals are now pretty much handled the same. After July 13, 2016 the following rules apply for a Form 1 or Form 4 application:
-Complete copy of your Trust and schedule.
-Each Responsible Party must submit:
- ATF Form 5320.23 Responsible Person Questionnaire.
- Two FD-258 fingerprint cards.
- 2″ x 2″ photograph (like a passport photo).
-CLEO Notification (which they probably promptly toss in File 13.
For those of us used to filing on a Trust, Rule 41F adds a bit of pain surrounding the fingerprint cards and photographs. Specifically, that every Trustee must go through the process. For example, let’s say that you want to file a Form 1 on a new SBR and your spouse is a Trustee – they now have to complete 5320.23, submit fingerprint cards and photos, and go through a background check with the state, like this Alaska background check as an example.
Does this make NFA Gun Trusts obsolete? No, a Gun Trust is still the best option to hold NFA items.
The Silencer Shop has come out with a real slick Kiosk and Mobile App to help streamline the process. An overview of the program can be found on their How To Buy A Silencer Page.
Mike Coker
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You need to discuss with an experienced NFA trust attorney. I recommend Sean Cody NFA Gun Trust Attorney in Houston.
I have had a gun trust for many years. On my trust was myself my wife and my parents. Since the last time I purchased a class III item , My parents have both passed away. Rule 41F requires all responsible parties to do photos and fingerprints, how is that handled when two of the responsible parties have passed away? Do I have to redo the entire trust or just submit death certificates for the parties that are no longer responsible parties?