How Have Gun Trusts Changed with New Executive Order?

January 4, 2016

The Obama Administration signed an executive order concerning gun control in our country. As part of the executive order, The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) proposed new regulations for National Firearms Act (NFA) Gun Trusts regarding ATF Form 1 (manufacturing) and ATF Form 4 (transfers)

January 15, 2016

The new regulations were published in the Federal Register.

** JULY 13, 2016

The new ATF regulations will go into effect.

What is the ATF Rule 41f?

ATF Rule 41f is the final version of the new regulations established by President Obama’s executive order January 4, 2016. Rule 41f requires that all “responsible persons” in any entity used to purchase or manufacture NFA weapons submit fingerprints, a personal questionnaire (ATF Form 5320.23), and photographs for review by the ATF.

What is a “Responsible Person”?

Any individual who possesses the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. Basically, responsible person refers to grantors and trustees of a trust.

When does Rule 41f become effective?

180 days from the date the rule was published in the Federal Register. Given the January 15th, 2016 publish date, Rule 41f will become effective July 13th, 2016. All applications submitted to the NFA prior to July 13th, 2016 will be processed according to the old regulations.

How will this affect my existing gun trust?

Rule 41f does not apply directly to existing trusts or entities in possession of NFA weapons, but only to applications made by both individuals and entities after July 14th.

After July 14, 2016, the following will be required with any ATF Form 1 or Form 4:

  • a complete copy of your trust and any schedule or exhibit referenced by it;
  • for each Responsible Person -
    • Two FD-258 fingerprint cards
    • A 2X2-inch photograph taken within the last year
    • A completed NFA Responsible Person Questionnaire (ATF Form 5320.23). This form will require the input of a RP's full name, position, Social Security number (optional), home address, date and place of birth and nationality
  • Provide CLEO notification
    • Prior to submission, the applicant must forward a completed copy of the application form (Form 1 or Form 4) and all other Responsible Persons must forward a completed copy of their Form 5320.23 to the chief law enforcement official in which the responsible party is located.

Contact Brittany A. Sloan, Dossey & Jones, PLLC at (281) 410-2792 to set up your NFA gun trust before the new regulations go into effect!

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