Trusts might be next.

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  • erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,897
    Rockville, MD
    The writing on the wall for trusts has been around for years. I would expect to see the rules change by the end of the year, maybe mid-2014. On the plus side, no more CLEO sign-off will be good.
     

    Celtic159

    Active Member
    Nov 27, 2008
    606
    Poolesville
    Correct me if I'm wrong, but even with a trust, the person receiving a firearm still has to go through the background check. The only thing I thought the trust avoided was the local LEO sign off.


    Sent from my iPad, probably while I'm pooping.
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    So, if I still paid the $200 bucks, still supplied my SS#, address, DOB, date and place of birth, etc., what's the issue with a trust??
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,037
    Elkton, MD
    Still needs a 4473 on the person picking up the Gun.

    FWIW, starting July 1 BATFE will start requesting Passport Photos and Fingerprints on all Trustees/Co-Trustees that apply for orm 1/4's from what I read.
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,807
    Howard County
    Still needs a 4473 on the person picking up the Gun.

    FWIW, starting July 1 BATFE will start requesting Passport Photos and Fingerprints on all Trustees/Co-Trustees that apply for orm 1/4's from what I read.

    For what it is worth. On the last page, page 6, under exception to NICS checks: NFA weapons are exempted. You just have to fill out the form.

    http://www.atf.gov/forms/download/atf-f-4473-1.pdf

    EXCEPTIONS TO NICS CHECK: A NICS check is not required if the transfer qualifies for any of the exceptions in 27 CFR § 478.102(d). Generally these include: (a) transfers where the buyer has presented the licensee with a permit or license that allows the buyer to possess, acquire, or carry a firearm, and the permit has been recognized by ATF as a valid alternative to the NICS check requirement; (b) transfers of National Firearms Act weapons approved by ATF; or (c) transfers certified by ATF as exempt because compliance with the NICS check requirements is impracticable. See 27 CFR § 478.102(d) for a detailed explanation. If the transfer qualifies for one of these exceptions, the licensee must obtain the documentation required by 27 CFR § 478.131. A firearm must not be transferred to any buyer who fails to provide such documentation.
     

    Lex Armarum

    Ultimate Member
    Oct 19, 2009
    3,450
    Still needs a 4473 on the person picking up the Gun.

    FWIW, starting July 1 BATFE will start requesting Passport Photos and Fingerprints on all Trustees/Co-Trustees that apply for orm 1/4's from what I read.

    Based on what? Is this a rule change or simply an ATF wish?

    FWIW, the ATF has been eyeing trusts for years but haven't taken any real action on it. The most onerous suggestion I've heard to date is that ATF wanted to update the regs so that trustees would have to submit fingerprints and photographs once ~ for the first purchase ~ but not thereafter.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,037
    Elkton, MD
    Based on what? Is this a rule change or simply an ATF wish?

    Rule change on the second part. Ill dig up where I saw it.

    First part we were directed by NFA Branch:

    I have it printed at the shop but I believe this is what I have printed:

    NFA Transfers to other than individuals. Subsequent to the approval of an application requesting to transfer an NFA firearm to, or on behalf of, a partnership, company, association, trust, estate, or corporation, the authorized person picking up the firearm on behalf of, a

    partnership, company, association, trust, estate, or corporation from the FFL must complete the Form 4473 with his/her personal information and undergo a NICS check. See also, question P60 in the ATF FAQs.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,037
    Elkton, MD
    Here it is:

    The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. The proposed regulations would (1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints.
     

    Lex Armarum

    Ultimate Member
    Oct 19, 2009
    3,450
    Here it is:

    The link you quoted is dead. Got another?

    Edit,

    I just checked the ATF's website and there is no notice for this proposed rule. Gotta check the register next.

    Edit #2,

    I checked the Federal Registry and I could not locate the proposed change. Something aint right.
     

    Lex Armarum

    Ultimate Member
    Oct 19, 2009
    3,450

    RIN Data

    DOJ/ATF RIN: 1140-AA43 Publication ID: 2012 Title: Background Checks for Principal Officers of Corporations, Trusts, and Other Legal Entities With Respect to the Making or Transferring of a National Firearms Act Firearm Abstract: The Department of Justice is proposing to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regarding the making or transferring of a firearm under the National Firearms Act. The proposed regulations would (1) add a definition for the term "responsible person"; (2) require each responsible person of a corporation, trust or legal entity to complete a specified form, and to submit photographs and fingerprints; (3) require that a copy of all applications to make or transfer a firearm be forwarded to the chief law enforcement officer (CLEO) of the locality in which the maker or transferee is located; and (4) eliminate the requirement for a certification signed by the CLEO. Agency: Department of Justice(DOJ) Priority: Other Significant RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage Major: No Unfunded Mandates: No CFR Citation: 27 CFR 479 Legal Authority: 26 USC 7805 Legal Deadline: None
    Timetable: Action Date FR Cite NPRM 07/00/2013 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Small Entities Affected: No Federalism: No Included in the Regulatory Plan: No RIN Data Printed in the FR: No Agency Contact:
    Brenda R. Friend
    Regulations Writer
    Department of Justice
    Bureau of Alcohol, Tobacco, Firearms, and Explosives
    99 New York Avenue NE.,
    Washington, DC 20226
    Phone:202 648-8408


    NPRM -- A Notice of Proposed Rulemaking is the document an agency issues and publishes in the Federal Register that describes and solicits public comments on a proposed regulatory action. Under the Administrative Procedure Act (5 U.S.C. 553), an NPRM must include (at a minimum): A statement of the time, place, and nature of the public rulemaking proceeding, a reference to the legal authority under which the rule is proposed, and either the terms or substance of the proposed rule or a description of the subjects and issues involved.

    Based on that info, it appears to me that the planned notice is July 2013 whereupon we can submit comments on the proposed rule.
     

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