To Trust or not to Trust… Pretty standard question for everything and everyone! 🙂
But with regard to buying a suppressor, it really depends on your individual needs and goals. There was an ATF Ruling back in 2016 that changed the process a little, but it certainly didn’t affect things too much, an in some ways, I believe made the process better.
A trust is still the best way to allow an entity comprised of members of your choosing to acquire NFA items. Should one member become deceased, the remaining members retain possession of the trusts inventory. This allows for families or clubs to legally possess items without worrying what happens when the death of an owner happens.
It may sound complicated, but I assure you, it is not. I will assist you through the entire process to ensure accuracy and your peace of mind.
Okay, here we go:
1. January 15, 2016, a new Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Rule affecting the transfer of items regulated by the National Firearms Act (NFA) was published in the Federal Register. This rule, which you know as 41F, changes the way individual members of “gun trusts” or “NFA trusts” operate with regard to possessing NFA items. Although it poses some inconveniences and additional hurdles for exercising our 2nd Amendment, it’s not all bad. In fact, there are some positives that MIGHT come of this. Here’s a few important things you need to know about the ruling, 41F.1. The ruling, although introduced January 15, 2016 does not become affective until July 13, 2016. 180 days of “notice” was given. All prior benefits regarding trusts are still in effect until this time and Form 4 submissions prior to this date are “grandfathered” in. Keep in mind, SUBMISSION date, not APPROVAL date. Keep that in mind if you’re considering a suppressor, prior to early July might be a great idea.
2. It requires that any responsible person submitting a Form 1 or 4 application on behalf of a trust must include a 2Ă—2-inch photograph of themselves taken within the year prior to the date of the application, two fingerprint cards, a completed NFA Responsible Person Questionnaire (ATF Form 5320.23), and a copy of their trust. All of these items must be included along with the $200 “tax stamp” check or money order made to the ATF. This change requires that trust applicants submit the same information with their forms that individual applicants are currently required to. I’ve heard that the ATF is considering an electronic means of fingerprinting, possibly through the dealer directly. But it IS the government after all so we shall see.
3. In addition, ALL responsible persons of a trust must submit photos, fingerprints, and Form 5320.23s for any given application. Further, an applicant must send a completed copy of their form to their local chief law enforcement officer (CLEO) and all responsible persons must also submit Form 5320.23s to their CLEOs.
There ARE positive outcomes as a result of this bill. No longer can CLEO’s in 2nd Amendment unfriendly areas effectively ban people from owning suppressors, unless your 2A unfriendly area happens to be one of the 8 states who are haters as a whole.
Prior to this change, Trusts were not required to deal with CLEO’s, as opposed to individuals applicants who needed PERMISSION from them, which allowed the CLEO to effectively block attempts to own NFA items from people they didn’t want to have them! As of July 13, 2016, this is no more. Individual buyers as well as Trust entities are required to simply notify the CLEO in their area. This is an improvement in my opinion.
Complete the Trust Information Form and I’ll get in touch with you as soon as possible. A one time $79 fee is all it costs.
Always do the research and determine the solution that works best for you. Click the link below for frequently asked questions with regard to trusts.
