As of July 13, 2016, ATF Rule 41F imposed a few new restrictions on people looking to acquire Class 3 weapons. Applicants are still required to fill out a Form 4 (or Form 1 if you're manufacturing a new NFA weapon) in order to receive a $200 tax stamp from the ATF. In addition to these requirements, all responsible persons must submit fingerprints, photo IDs, and responsible person questionnaires (Form 5320.23) along with their application. A copy of Form 5320.23 must also be forwarded to the CLEO of the locality in which the responsible person resides.
To the ATF
The person applying for the tax stamp must submit the following to the ATF:
To the CLEO
Each responsible person is required to submit their Form 5320.23 to their CLEO.
How Will This Affect My Trust?
These new rules affect only the application process, not your trust itself. Weapons currently owned by your trust are not affected at all, but new transfers will be subject to the new rules.
|Rule||Before 41F||After 41F|
|No CLEO Signature Required||- CLEO is required to be notified, but does not have the ability to prevent your application from moving forward.|
|No Fingerprints or Photo IDs Required||- See below.|
|Share NFA Weapons With Trustess|
|Add or Remove Trustees at Any Time|
|Manage Beneficiaries and their Inheritance|
|Avoid Probate Court|
Avoiding Fingerprints, Photo IDs, and CLEO Notifications
ATF 41F requires all responsible persons to submit fingerprints and photo IDs to their CLEO as well as with their tax stamp application to the ATF. A responsible person would include any trustee who is active at the time of the application.
The new law does not put any restrictions on adding or removing trustees. Individuals added to the trust after the application has been submitted are not required to submit identifying information to the ATF nor are they required to notify their CLEO.
Keep in mind that our trust includes documents to easily add and remove trustees at any time.