As of July 13, 2016, NFA trusts will dramatically change. Those with NFA trusts or those that set them up after this time, will have very different requirements for acquisition of NFA items. This blog post covers three key changes.
The first is that every member of the trust with control will have to complete a new form 5320.23 for each responsible person. The form essentially asks about the information contained on a 4473 form completed when someone purchases a firearm to determine if he or she is prohibited from possession.
The second requirement is each such person must provide two classifiable FBI fingerprint cards. This is to track the person on the form with his or her background that might exist now or in the future. Each trust member meeting the definition of a “responsible person” must provide a 2×2 photo meeting the standard for such.
Lastly, the CLEO notification is required. This does not mean that the CLEO must approve the Form 1 or 4, but must send a copy. This law enforcement official may then notify ATF if there is any information to share about the “responsible person.”
NFA trusts transfers are about to change dramatically. The new rules are found presently in ATF’s 41F and infers that existing trusts should make sure they are operating correctly. All NFA trusts should monitor the changes in the law and make sure their trust documents properly comply with all local, state and federal laws. A complete review of the NFA trust documents might be prudent by an attorney familiar with this NFA trusts.
Ciyou & Dixon, P.C. attorneys handle a wide range of firearms issues within the State of Indiana, including criminal matters relating to firearms to NFA trusts and consult on firearms matters across the Country. This blog post is written for general informational purposes and is not legal advice. It is best thought of as an advertisement.
