Just now hearing about this.....

[Jim's Firearms]

For some reason I am just now hearing about this today....

In summary, here is what is ATF is stating is required when a Gun Trust or an individual uses an ATF Form 4 to purchase a NFA Firearm:
Gun Trusts - 4473 and NICS
Individuals - CLEO, Fingerprints, photographs, 4473, no NICS
(As of May 6th 2014)


Here's the link:http://www.guntrustlawyer.com/2014/05/does-a-trust-need-a-nics-check.html

 

[Lafsnguy]

The letter that he quotes in that article is only an opinion letter addressed specifically to Dakota Silencer. It doesn't change anything. On the 4473 it's pretty clear that "No NICS check was required because the transfer involved only National Firearms Act firearm(s)." Until they put a new circular or change the 4473 it doesn't mean anything to anyone other than Dakota silencer.

 

[Jim's Firearms]

I went ahead and sent an email to our examiner just to clarify. Still waiting on the response.

 

[Landry308]

I went ahead and sent an email to our examiner just to clarify. Still waiting on the response.

What you'll get is your examiner's best guess, which carries no weight of law. This subject has come up in years past, also. I have been doing 4473 for all trusts for several years, to err on the side of safety. If someone goes nuts with a can I sold, it won't be on the news that I gave it to them with a "loophole" and no background check.

 

[Jim's Firearms]

Well Eric sent me an email saying to check with my local atf agent for answers on nics check, soooo I'm gonna give them a call tomorrow. I just want to make sure I'm following the right procedure. We always get them to fill out a 4473 but check box 22 and do not call it in. One of my questions is what happens if I call it in and they get a delay? I just want to do the right thing

 

[charliepapa]

I got this from an attorney that I asked about this same thing yesterday:

I think that you're referring to ATF41P, which is was a proposal set forth by the ATF that (in it's last seen form) would require background checks and CLEO sign-offs for each "responsible party" within a trust. The "proposal" was just that, a proposal. It could end up being enacted in it's original form, or the ATF may make significant changes to it, or they may do nothing at all.

The "truth" is that the ATF will likely take some action regarding the fact that trustees and LLC members are not currently subject to background checks for NFA items, but no one knows exactly what they will do, nor when they will do it.

Regardless, there are still numerous advantages to having NFA items in a trust, versus individual ownership, including allowing multiple persons to legally have possession of the items, ease of transfer among trustees and beneficiaries, no additional applications or tax stamps for transfer to beneficiaries, etc.. Plus, until further notice, there are still no background checks checks or CLEO sign off.

 

[Lafsnguy]

It isn't required to call it in. Otherwise why would the be trying to change the rules regarding trusts corps etc with the 41P proposal? They wouldn't need fingerprints etc if there was a NICS check done on whoever picked up the item. I personally only do what is required of me by law nothing more, nothing less. I would suggest doing some research on the matter rather than contacting ATF. If history is any guide anytime people contact the ATF for clarification it usually results in further restrictions. Check out this thread will give you something you can look up

http://www.silencertalk.com/forum/viewtopic.php?f=4&t=103231&start=25

 

[Jim's Firearms]

Thanks so much for checking on that!!