Proposed Changes to ATF Regulation of NFA Trusts

            The National Firearms Act (NFA) sets forth procedural and substantive requirements regarding the transfer, identification, registration of, and the dealing in, machine guns, silencers, short barreled rifles/shotguns, and certain other firearms.

            Recently, the Obama Administration in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) suggested several changes to the current regulations.  One of the suggested changes imposes additional and substantial restrictions on citizens who wish to obtain an NFA firearm through a trust. 

            The proposed regulatory changes can be found at: Background Checks for Responsible Persons of a Trust with Respect to Obtaining a Firearm, 78 Fed. Reg. 55,014 (Sept. 9, 2013) (to be codified at 27 C.F.R. pt. 479).  The proposed changes are summarized as follows:

1.     Requirements to receive an NFA firearm through a trust:

a.   Each “responsible person” named in the trust must complete a Form 5320.23 (Form 4 replacement).  Definition of “responsible person”: “In the case of a trust, any individual, including any grantor, trustee, or beneficiary, who possesses, directly or indirectly, the power or authority under any trust instrument or other document, or under state law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.”  The Form will require the person’s name, position in the trust, home address, SSN (optional), birth date, place of birth, and country of citizenship.  (The information will be used by the ATF to conduct a background check on each person named in the trust.)  Any additions to the responsible persons named in the trust must be submitted to the ATF within 30 days via Form 5320.23. “ATF recognizes that the composition of the responsible persons associated with a trust…may change, and is considering a requirement that new responsible persons submit Form 5320.23 within 30 days of the change.” 78 Fed. Reg. at 55,020.

b.  Each “responsible person” must submit fingerprints, photographs, and a certificate signed by the local Chief Law Enforcement Officer ("CLEO").  (Nothing in the proposed rule changes that fact that a CLEO signature is completely voluntary.) 

c.     The application must include a copy of the documentation that establishes the legal existence of the legal entity (e.g., declaration of trust).

GET YOUR GUN TRUST WHILE YOU STILL CAN

Davis Basta Law Firm, P.A.

31111 U.S. Highway 19 North

Palm Harbor, FL 34684

(727) 938-2255

www.davisbastalaw.com

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