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Sunday, 29 May 2016 00:00

ATF's 41F Rule Will Have Little or No Impact on NFA Firearms and Trusts

silencer shop logoWe now have public confirmation of what we’ve privately advised our clients for months: The firearms industry will be a step ahead of new gun control regulations by the Obama Administration.

This week our friends from Silencer Shop™ of Austin, Texas announced their solution to minimize the effects of ATF’s ‘41F’ rule. ATF announced this new rule in January. It will apply to applications to register NFA firearms that are postmarked July 13 or later. 41F will not apply to previously registered NFA firearms, and it will not apply to applications to register new NFA firearms postmarked before July 13, 2016.

The NFA, or National Firearms Act, regulates firearms including silencers/suppressors, short barrel rifles (SBR), short barrel shotguns (SBS), machine guns/full auto, among others. Before an NFA firearm may be either transferred or made, an application with a tax payment must be submitted to ATF. 41F will require that each NFA application include the new ATF Form 23. For an application by a trust, Form 23 requires the fingerprints and photographs of each ‘responsible persons’ in the trust at the time of the application (more about this later).

For maximum convenience, Silencer Shop™ will be providing kiosks to each of the 300 gun dealers in its network. Each kiosk will contain scanners and cameras to capture fingerprints and photographs of each responsible person connected to an NFA application. Thus, the new 41F rule would make little difference in silencer purchases because the customer could complete Form 23 at the point of sale.

If a responsible person in a trust is not available to accompany the customer to the gun shop, that responsible person may use a kiosk at any of the 300 gun shops ‘powered by Silencer Shop™’ to submit their fingerprints and photograph for the customer’s application.

Arsenal logo 1-color printIf you prefer an even simpler process, we recommend you obtain or update a trust using Arsenal Attorneys™ new Arsenal Gun Trust™ design. Remember what we said above, Form 23 must only be completed by a responsible person who is in a trust at the time an NFA application is submitted. As part of our new design, we will customize forms enabling an Arsenal Gun Trust™ client to temporarily remove a responsible person. Therefore, the client-trustee would be the only person who must complete Form 23.

Combined with the new Silencer Shop™ kiosk, suppressor transfers using the new Arsenal Gun Trust™ design will be easy under the new 41F rules taking effect July 13. If your local gun shop is not ‘powered by Silencer Shop™’, you will still have the possibility to simplify Form 23. Your gun dealer can still fingerprint and photograph you himself, but you’ll want to make sure to use our new Arsenal Gun Trust™ so no other ‘responsible person’ must complete Form 23 for your suppressor purchase or other NFA applications.

To obtain a new Arsenal Gun Trust™, or to change your existing trust to our new Arsenal Gun Trust™ design, you can use our convenient online questionnaire. By now, the news reports about 41F have caused a spike in NFA applications leading up to July 13. Silencers particularly are in short supply. We hope the innovations like the Silencer Shop™ kiosks as well as the new Arsenal Gun Trust™ design will lead you to conclude that 41F will truly make little difference in your ability to register NFA firearms.

More than ever the Arsenal Gun Trust™ is a cutting edge solution for registering, handling, and inheriting NFA firearms. Your Arsenal Gun Trust™ will allow other people to share possession of your NFA firearms, and a trust is the only legal way to inherit firearms without the possibility of a public record in probate court. We will also design your trust to be multigenerational and portable, subject to state law. The new Arsenal Gun Trust™ design will also help you and successors understand how to comply with ATF regulations and firearms laws. If you ever need support in the future, Arsenal Attorneys™ will be ready to assist.

If you already have an Arsenal Gun Trust™, or you have an NFA gun trust from elsewhere, we can update your trust with our new design. To request an update of your trust, use our online questionnaire to request a 'restatement.'

We look forward to serving you.

Read 7236 times Last modified on Wednesday, 07 February 2018 20:55
Arsenal Attorneys

Arsenal Attorneys is a nationwide law practice with offices in Fairfax, Virginia near Washington, DC and in Rocklin, California near Sacramento. We serve large and small clients, often remotely. Depending on the client's location, our services include estate planning, civil litigation, criminal defense, business law, landlord-tenant disputes, real estate, and firearms regulations. Our team of attorneys is licensed to serve clients in over 30 states. Contact us today to discuss your goals.