We have updated the forms on the website and instructions for completing a

These are the forms to use after July 12th,  Form 1Form 4,   Form 5Form 23

ALL APPLICATIONS POSTMARKED AFTER JULY 12, 2016 MUST BE MAILED TO THE ADDRESS BELOW:

Mailing Address

NFA Branch
P.O. Box 530298
Atlanta, GA 30353-0298

Since the forms change from time to time, we recommend that you download the latest samples of the documents and explanations of what information is required and how to complete a Form 4 or Form 1. These documents are kept up to date and can be found on the NFA Gun Trust Lawyer website at: https://www.guntrustlawyer.com/form4.

Since 41F has been implemented, there are documents that must be sent to the CLEO as well as documents to be sent to the ATF. While there is no CLEO certification anymore, the CLEO does receive a notice that a purchase is being made.

Below are some updated instructions to use with our trusts or those trusts that contain the Gun Trust Lawyer ® trademark


The Following Documents are sent to your CLEO:

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How Does Final Rule 41F Change Current NFA Regulations?

The final rule affects the NFA regulations by:

• defining the term “responsible person,” as used in reference to a trust, partnership, association, company, or corporation;
• requiring responsible persons of such trusts or legal entities to complete ATF form 5320.23, National Firearms Act Responsible Person Questionnaire and to submit photographs and fingerprints when the trust or legal entity files an application to make an NFA firearm or is listed as the transferee on an application to transfer an NFA firearm;
• requiring that a copy of all applications to make or transfer a firearm, and the specified form for responsible persons (5320.23), be forwarded to the chief law enforcement officer (CLEO) of the locality in which the applicant/transferee or responsible person resides; and
• eliminating the requirement for certification signed by the CLEO.
• In addition, the final rule adds a new section to ATF’s regulations to address the possession and transfer of firearms registered to a decedent.

Who is a Responsible Person?

In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and polices of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.

In the case of a TRUST, those persons with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.

Examples of who may be considered a responsible person of a trust or legal entity include:

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Building an SBR in Washington State

The Governor of Washington has signed a bill which clarifies that it is both legal to buy an SBR and build an SBR.  Senate bill 6165 was created to address the uncertainty as to whether it was legal to build an SBR in the state of Washington.  While it was clear that one could be purchase in WA, ATF stopped approving Form 1 Applications for the manufacture of an SBR in the state last year because of some ambiguity in the law.  The new bill signed by the Governor clarifies that it is legal to build and buy an SBR in the state of Washington.  To see what NFA firearms are legal in WA, see our WA NFA state pages

SB6165 is effective 90 days after the adjournment of the legislative session.  The 2016  Special Session adjourned  on March 10, 2016 so this would mean around  June 9th  or just  prior to the new ATF changes in 41F

An Iowa Gun Trust has many benefits including multiple authorized users, contact us to receive information on the many benefits of owning suppressors with an Iowa Gun Trust or Multi Generational Asset Protection Gun Trust.  Gun Trusts are for all firearms, not just NFA firearms like suppressors or silencers.

Iowa Gun Trust Lawyers and the ASA would like to congratulate Iowa on becoming the newest state to legalize suppressor ownership and use. Around 3 PM today, March 31, 2016, Suppressors (Silencers) will be legal in purchase, own, and use in Iowa.

Governor Branstad has announced that he will sign House File 2279, also known as the Hearing Protection Act, into law on Thursday, March 31st at 3PM. The new law will become “effective upon enactment”, meaning that Iowans will be able to possess and use suppressors as soon as he signs the bill into law.

On the 11th of February, Michigan became the 38th state to permit the use a suppressor while hunting. The change became effective on the 11th.  The restrictions related to the amount of noise reduction and use with subsonic ammo were removed at the last minutes by amendment.  You can now hunt in Michigan with a suppressor and subsonic ammo.

Suppressors are now legal in 41 states and legal for hunting in 38 of those states.  Below is a map from the American Suppressor Association.

Suppressor's legal to hunt

The best way to own a suppressor is by using a Gun Trust.  A gun trust permits multiple users of users of a suppressor as well as permits changes to the authorized users in the future.  To find out more about how a gun trust may benefit you or your family, request information on this page.

This weekend, I was shocked to read an article on Facebook that was from a popular gun website that instructed people that they did not have to engrave a firearms that they “made” using a Form 1 unless they were going to sell the firearm.  This author claims to have asked ATF a question and received a response from an individual who is associated with the ATF.

This is equivalent to asking a police officer to interpret the law.  Not only do they often make mistakes, but you cannot reply on what they tell you, because they are permitted to lie to you.

The biggest issues seems to be the confusion between the definitions for the words “Make” and “Manufacture” as defined in 27 C.F.R. 479.11

41F was published today in the Federal Register.  Here is a Link to 41F as filed which is similar to the draft that has been circulating.

Our Gun Trusts are fully 41P compliant and ready.  If you have a gun trust from a Gun Trust Lawyer® (with our copyright information on it) your trust is fine to use and will not have problems with 41F.

Some people will want to make some changes to their Gun trusts based on the new requirements of 41F.  Contact a Gun Trust Lawyer® to help you amend or amend and restate your current trust to help protect you and your family and deal with 41F in the manner you desire.

Modify my gun trust?

Given the pending 41P/F implementation in the next year, we have been getting a lot of questions.

As with all legal answers, the answer is “IT DEPENDS“.  Let me clarify how 41P/F will impact an existing Gun Trust.

Should I modify my gun trust? The first thing you must determine is who is a responsible person under your trust.  In general all trustees and co-trustees will be considered responsible persons under the new definition for Gun and NFA trusts.  The draft of 41F which is expected to be published soon states that the DOJ has clarified that the term “responsible person” for a trust or legal entity includes those persons who have the power and authority to direct the management and policies of the trust or legal entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or entity.   The primary issues here discussed in this article regard the right to possess or have an NFA firearm in their possession, even if supervised.

If your trust was designed by a Gun Trust Lawyer® then the trustees and co-trustees are generally the only responsible parties in your trust. If you trust is not from us, then it may include the people near your trustees and / or beneficiaries named in the trust.  In an effort to be more flexible, some trusts have been written to give non-traditional powers to beneficiaries and even other classes of people like bystanders.  This can create problems for several reasons including when 41F is implemented because you many not be able to get a fingerprint card for a 2 year old, or beneficiaries who ma be overseas, or it may be expensive and time consuming to obtain these for all the people who you might decide to let use your NFA firearms.  If you have one of these trusts, you may want to amend your gun trust prior to your next purchase (after 41F is implemented) to avoid the inability to make purchases because you have a trust which creates these powers.  I have had many discussions with lawyers around the country about why this was a bad idea in the past, and now it may up hurting the individuals and families who unknowingly acquired these.  In addition, in my opinion, it is a poor idea to include these types of powers because there is generally no way to bind a beneficiary to the terms of the gun trust.  In addition, a beneficiary may not be mature, responsible, or old enough to be bound even if they are of legal age.

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