41F Coming Into Play
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As many of you who deal with NFA items 41F is reaching the point where it is going to become effective. After reading over the changes it will implement some questions have rose regarding the new way of doing business concerning trusts. Being that this is new legislation that hasn't even fully been implemented there is not a whole lot of information out about how it is to work, and the ATF has not released much on the way things will be done. Since I plan on buying a suppressor in the near future, and unfortunately the paperwork will not go in until after the deadline I will use that as an example. Hopefully some of you with more knowledge than I can shed some light on these questions.
Under 41F it states that all responsible persons listed on the trust have to also send a 2x2 photo, 2 copies of finger prints, and a responsible persons questionnaire ( this to the ATF and CLEO)
Main question here is who is considered a Responsible Person? Does this include someone such as the Successor Trustee, and the Beneficiary, or does it only pertain to Co-Trustees? Do only the Primary Trustee have to produce the requirements, or does everyone attached to the trust?
Also before when dealing with a trust you could add trustees at you discretion but now will 41F require new trustees to produce the previous stated requirements when being added to a trust that contains NFA items?
I'm sure more information will surface as people encounter and deal with this process and its idiosyncrasies.
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@m.mccarthy said:
and the ATF has not released much on the way things will be done.
That sure as hell isn't an accident. The ATF actively tries to stop citizens from getting firearms and accessories... so they are certainly in no hurry. They would rather someone make a mistake so they can have an excuse to arrest.
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I transferred two of my suppressors into my trust last month. I'm still going to have some out...I just didn't want to cough up the $200 each.
That said...I will have more in the near future, so I am very curious as to what the exact process is.
Is it normal for a beneficiary to be a responsible person? My son is the beneficiary and it not of age yet...but it would be nice to make him a "responsible person" upon turning 18 so we didn't have to buy him a whole nother set of suppressors...assuming he enjoys shooting as much as I do.
I also got mom and dad added as trustees and notarized so that it was done prior to July 13.
I really think it might be easier to just have a new trust written for any future purchases. That way this one could just be left alone.
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@orkan believe me I am fully aware they are intending to catch as many uninformed people as they can "breaking the law" in order to arrest them or deny their paperwork forcing them to file for another stamp and collecting as much money as they can. The reason I made this thread is to avoid becoming such a victim.
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I wish I had quality information for you. Right now, I don't. I don't think they even know what the hell they got passed.
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@orkan when did we start talking about the ACA?
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@dddoo7 that might actually be the way to go for the future. Set up a trust with no other trustees, or responsible persons included. @orkan I figured there might not be many answers at the moment but I figured we would have a place now to get as many as possible, and a place where we can inform the rest of the community of the process as we carry on post 41F.
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Best thing to do is hound your representatives and try and get the Hearing Protection Act passed. (Imo)
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@rhyno the passing of that act would be great but unfortunately I do not think it will happen, and certainly wont before 41F comes into affect so I would rather know how 41F will work than wait in hopes the Hearing Protection Act gets passed (ATF would lose too much money for it to pass).
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http://www.thefirearmblog.com/blog/2016/07/11/new-atf-forms-released-ahead-july-13th-deadline/
The new form 4
https://www.atf.gov/resource-center/docs/f53204applicationfortaxpaidtransferandregistrationoffirearmpdf/downloadSome more info
https://silencerco.com/blog/2016/02/11/buying-a-silencer-6-things-you-need-to-know-about-atf-41f/
