June 2011 Archives: NFA Gun Trust Lawyer Blog  

June 2011 Archives

June 27, 2011

GEOGRAPHIC DISTRIBUTION OF NFA APPLICATIONS FOR PROCESSING BY ATF

The ATF National Firearms Act (NFA) Branch is pleased to announce that as of July 2011, ATF Forms 1, 2, 10 and ATF Form 5320.20 will be assigned to a legal instruments examiner for processing according to the State of the applicant's address. The NFA Branch also will begin assigning ATF Forms 3, ATF Form 4 and 9 applications to examiners by the State of the transferor's address. Applications already pending at the time of the change will continue to be processed by the examiner to whom they were previously assigned. Historically, applications in the NFA Branch have been assigned to legal instruments examiners alphabetically based on the name of the transferor or applicant. A chart showing the new assignment distribution is below.

The ATF expects this change in the assignment of applications to better enable NFA examiners to develop State law expertise and more knowledgeably and effectively respond to our customers during an era of unprecedented and ever increasing application volume. Please contact the NFA Branch at 304-616-4500 with any questions about this change.

NFA Examiner Assignment Distribution (effective July 2011)

  • Nicole Dudash -- IL, IN, OH, PA
  • Chris Farris -- AK, CT, MA, ME, MI, NH, RI, VT
  • Ann Feltner -- AZ, CA, NM, NV
  • Jason Frushour -- CO, MT, ND, SD, UT, WI, WY
  • Sara Jones -- LA, TX
  • Albert Lamberger -- AL, FL, TN
  • Dana Pickles -- DE, KY, MD, NC, NJ, NY, VA, WV
  • Suzanne Santamaria -- GA, SC
  • William Shipman -- AR, HI, IA, KS, MN, MO, MS, NE, OK
  • Sandra Snook --ID, OR, WA
Applications from the District Of Columbia and US Territories Will be Assigned to the Supervisory Legal Instruments Examiner
June 22, 2011

Schedule A or Assignment Sheet

Recently I received a question from a client that I thought I would share. His dealer questioned the use of the Assignment Sheet because they were not familiar with it and stated that the Gun Store's lawyer said it was not necessary. ( A full detailed explanation is included in our detailed instructions and users manual) Here is a brief explanation for those who are not using our Gun Trust documents.

While the lawyer is correct, the ATF has confused the issue of funding a trust with documents which evidence the trust and mistakenly requires either a Schedule A or Assignment sheet or they reject the trust as invalid. While most trusts contain a Schedule A or a Schedule of Assets there are several issues with using a Schedule A in regards to the flexibility of our trust and privacy.

You can put a schedule of assets in the trust, but then you would have to keep it updated and if you decided to put your regular firearms in the trust, you would be creating a de facto registration of your firearms. Most gun owners do not wan't to provide the ATF a list of all of their firearms and as such we have elected to use the "Assignment Sheets". Our choice has increased privacy and allows for additional flexibility for the use of the trust without unnecessary disclosures.

As a result we have chosen to use an Assignment Sheet with our Gun Trust. If your trust uses a Schedule A and would like to discuss the benefits of using an Assignment Sheet and the other benefits of a dedicated NFA Gun Trust, Contact Us to speak with a Gun Trust Lawyer®.