ATF Response to ATF41P Proposal Finally Issued

B

Bartholomew Roberts

Moderator
https://www.atf.gov/file/100896/download

This is the new proposed ATF rule requiring trusts and corporations to go through additional paperwork and qualifications to own NFA weapons. Good news: They eliminated the CLEO requirement from the proposal. Bad news: They still plan on implementing a slightly less vague "responsible persons" requirement that will require fingerprints and photos for each responsible person.

As of today, there is no effective date set for the rule - so if you want to avoid this nonsense, now is the time to get moving.
 
Yes, it appears to remove the CLEO certification requirement in return for background checks on all "responsible parties."
 
Background checks on all trust members is an annoyance, but am I alone in considering it at least an even trade for removing the CLEO sign off which blocked so many people from having access to NFA firearms? Seems like an actual compromise - something that is very rare
 
am I alone in considering it at least an even trade for removing the CLEO sign off which blocked so many people from having access to NFA firearms?
Click to expand...

I dont consider it an even trade. I live in an area where CLEO signoff was NOT possible. The Sheriff would just plain NOT sign. So I did a trust and started collecting NFA stuff.

So, now i have to have anyone on my trust do a background check. What did i gain in this "even trade".
 
Sharkbite, the extra paperwork for responsible persons is not retroactive. It is only for applications that are sent in AFTER the rule goes into effect. So you've got until six months from the date for the rule is published in the Federal Register to get any transfers you want done.

After that, any new purchases by the trust will have to abide by the new rule; but there is no requirement to submit the paperwork for previous transfers that were already completed (and in fact, ATF acknowledged obliquely that they have no statutory authority to request such info). On the plus side, the requirement for "Responsible Persons" is less onerous than originally proposed - imagine trying to get the fingerprints, photo and CLEO signoff for an unborn child named as beneficiary!
 
Sharkbite said:
I dont consider it an even trade. I live in an area where CLEO signoff was NOT possible. The Sheriff would just plain NOT sign. So I did a trust and started collecting NFA stuff.

So, now i have to have anyone on my trust do a background check. What did i gain in this "even trade".
Click to expand...

The background check is prospective - for trust applications submitted after the effective date of the Rule (180 days after publication in the Federal Register).

From page 198 of the Final Rule:
The final rule is not retroactive and therefore the final rule will not apply to applications that are in "pending" status, or to previously approved applications for existing legal entities and trusts holding NFA items.
Click to expand...
 
Every time you purchase a tax stamp, you undergo a new background check, regardless of how many times before you have gone through the same background check. That has not changed.

Establishing your trust or adding people to it has no effect unless you apply for a new tax stamp. When you apply for a new tax stamp, everyone covered by the rule or regulation (which will be all RPs in the trust or corporation when this rule goes into effect) undergoes a background check.
 
All this means is that to avoid the hassle of having your wife or whoever go get fingerprinted and photographed every 2 years, you just leave her as a trustee and not a responsible person... not like she takes the stuff out alone and uses it without you around.

I'm still waiting on word that I can hit up a local professional fingerprinting place and get 10 copies of my prints done in one sitting, then stick them in the safe and be good for at least the next 20 years... haven't read anywhere that there's an expiration date on a professional fingerprint card. Passport photos I can do on my home computer in about 30 seconds.
 
You must log in or register to reply here.
Back
Top