This is correct. So, get everything you can under a trust right now to avoid the requirements. That way, all of those people can possess whatever is in the trust until the 180 day expiration.
-
ODT Gun Show this Saturday! - Click here for info and tickets!
41P final ruling
- Thread starter NWSharpshooter
- Start date
This is correct. So, get everything you can under a trust right now to avoid the requirements. That way, all of those people can possess whatever is in the trust until the 180 day expiration.
Ya, been wanting to do it for a long while
But some places like gwinnett ive heard the cleo wont sign off on nfa items so you wouldnt be able to go the individual route because he has to sign off on it. If you go the trust route you only have to contact him and let him know. Am i correct on this?
No. The cleo sign off is removed from the nfa process all together. Nobody needs cleo sign off once this goes into effect
I know it was late when you posted this, but could you explain how this is true? After reading your initial review of the ruling, I'm not sure my interpretation jives with yours. A few things stick out to me.
1. Are you implying that once the 180 day period elapses that "all of these people" will not be able to possess the trust assets legally without submitting prints, photos and CLEO notification? In this instance I am referring to NFA assets that were pending/approved prior to July 1, 2016.
Example A. A trust currently has a Title II firearm as an asset. The trust names a trustee, co-trustee and beneficiary. We will assume that these 3 roles are held by 3 different human beings. The asset was transferred to the trust on a Form 4 in 2013. No other assets have been added to the trust since 2013, nor will be in the future.
Question: Will any of the people above need to submit prints, photos and notify the CLEO after July 1 in order to legally possess the trust asset?
Example B. Same trust as above, same people as above. However, a Title II firearm is purchased and transferred to the trust on a Form 4 after the 180 day window expires.
Question: Will only the trustee need to submit prints, photos and CLEO notification?
Reference:
As far as the definition of a responsible person, I see how the red "AND" above ties the power/authority to the possession. But what about the "OR" and the beginning of the pink text above? Couldn't that be interpreted as a responsible person includes anyone who can simply possess a firearm on behalf of the trust? I realize it is all a matter or parsing.
OK yea thats what I got as well.
Just saw this on another forum:
If the applicant entity has had an application approved as a maker or transferee within
the preceding 24 months, and there has been no change to the documentation previously
provided, the entity may provide a certification that the information has not been changed since
the prior approval and shall identify the application for which the documentation had been
submitted by form number, serial number, and date approved.
Am I correct in interpreting this to say that you only have to go through the pictures and fingerprinting once every 2 years and as long as nothing has changed you can simply provide certification (maybe some form or affidavit to sign) saying such you DO NOT have to get fingerprinted and submit photographs for each new purchase?
If the applicant entity has had an application approved as a maker or transferee within
the preceding 24 months, and there has been no change to the documentation previously
provided, the entity may provide a certification that the information has not been changed since
the prior approval and shall identify the application for which the documentation had been
submitted by form number, serial number, and date approved.
Am I correct in interpreting this to say that you only have to go through the pictures and fingerprinting once every 2 years and as long as nothing has changed you can simply provide certification (maybe some form or affidavit to sign) saying such you DO NOT have to get fingerprinted and submit photographs for each new purchase?
I don't think that's correct. The CLEOs were reluctant to sign off before due to liability concerns because of the way the sign off statement was worded. The language was modified and the certification was relaxed. For trusts, you only need to notify the CLEO. For individuals, you still need sign-off, but it should much easier to get as the CLEO is simply acknowledging that the fingerprints and photos you submitted are in fact your own and that he/she has no reason to believe yournposession of NFA items is unlawful. Basically, the certification wording is changed to remove possible liability from CLEO if you committ a crime with an NFA item. At least thats what I read.
