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Friday, 13 May 2016 00:00

Update on new 41F Rules for NFA Firearms and Gun Trusts

ATF sealWe're approaching July 13, the effective date for new rules for using trusts to register firearms regulated by ATF under the National Firearms Act (NFA), such as silencers/suppressors, short barrel rifles (SBR), short barrel shotguns (SBS), AOWs, full auto, etc.  The new rules, known as 41F, will create additional red tape for applications, but they will not be a significant change due to the recently updated design of the Arsenal Gun Trust™.

Under 41F, ‘responsible persons’ would need to submit their fingerprints and photographs, but only for applications to register new NFA firearms postmarked July 13 or later. This new requirement only applies to responsible persons at the moment an application is made. If a responsible person is added to the trust at any other time, no fingerprints or photographs are needed. Thus you could add/remove/re-add responsible persons before/after NFA applications so they will not be subject to the new 41F requirements for fingerprints and photographs.

In other news, ATF had previously said photographs and fingerprints would not be required as part of NFA applications if they had already been submitted to ATF within the previous 24 months. That is no longer true. ATF has reversed their position, and they will require fingerprints and photographs for every responsible person if, repeat if, they are in a trust at the moment an application is being submitted to register a new NFA firearm.

Separately, ATF has not yet confirmed whether they will continue to accept Form 1 application to make an NFA firearm under 41F.

For now, we are encouraging clients to submit as many applications to register NFA firearms as possible so they are postmarked prior to July 13.

Starting July 13 we strongly recommend that anyone with an existing trust, regardless of where he obtained his trust, should request a ‘restatement’ by Arsenal Attorneys™. This will enable us to completely revise your existing trust using the new design of our Arsenal Gun Trust™. The new design provides you and your successors guidance about 41F. It also uses a multigenerational design subject to your state’s law. It also includes forms customized for you to add/remove responsible persons yourself whenever you wish. Therefore you could temporarily remove the other people in your trust so they are not subject to the new 41F requirements.

Under the new rules, NFA gun trusts will continue to be extremely important for allowing possession by other people and inheritance. In fact ATF confirmed that a trust that conintues for future generations may keep the original tax stamps. Therefore your successors and beneficiaries could be grandfathered by your trust. Arsenal Attorneys™ is uniquely qualified to advise you on how various state laws could determine how long your trust may last and what firearms it can hold.

To request a new Arsenal Gun Trust™ or a restatement of a NFA gun trust you already have, complete our online questionnaire

Arsenal Attorneys™ is perhaps the only law firm offering direct attorney-client relationships for the creation of a gun trust for NFA firearms. We use no middle man, so you know who is responsible for the work. Our multistate practice could also enable us to continue providing you support even if you or your successors relocate to another state. 

Our law firm provides a variety of other services, including general estate planning, business services, criminal defense, and civil litigation. While we serve a variety of clients, we are renowned for our solutions tailored for the special needs of gun owners and the firearms industry. We represent many new and growing businesses in the firearms industry, including gun ranges and manufacturers. Arsenal Attorneys™ has also served as the general counsel for a presidential campaign. Please consider us when you face a new opportunity to pursue or an emerging problem to solve.

If you're located in metropolitan Washington, DC, watch for details of special events organized by our law firm. Our "Essentials of Self-Defense Law Seminar" is very popular and takes place at NRA Headquarters in Fairfax, Virginia. We also lead the committee of the "National Capital Friends of NRA", and we will host our first annual banquet at Army Navy Country Club in Arlington, Virginia on June 17. You may order tickets for the banquet at this link.

To request more information about our services and upcoming events, review our website or use our contact form.

Read 5860 times Last modified on Wednesday, 07 February 2018 20:56
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.

 

 

 

 

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