Articles Posted in ATF 41F ( 41P)

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


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:

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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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.

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

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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Tonight we found a copy of the proposed final rule for 41P.  It can be downloaded from this link 41P final.pdf

In general, most of what the public was concerned about was removed from 41P by changing the CLEO Certification requirement that was proposed for trusts to be a CLEO Notification.

It will not take effect until 180 days after publication in the Federal Registry so there is still time to purchase items under the existing rules and more reason than ever to create your Gun Trust now.

When 41F the new name for 41P takes effect it will not be retroactive.  That is all applications submitted under the current rules will continue to be processed. In addition, there is no requirement to comply with the new rules for previously approved applications or legal entities like Gun Trusts.  On page  198 ATF states “The final rule is not retroactive and therefore the final rule will not apply to applications that are in ‘pending’ status, or to previously approved applications for existing legal entities and trusts (Gun Trusts) holding NFA items.”

While I am still reading the 248 pages, so far here are the highlights.

  1. The final rule only requires that the applicant maker or transferee, including each responsible person for a trust or legal entity, provide a notice to the appropriate State or local official that an application is being submitted to ATF
  2. The final rule also adds a new section to ATF’s regulations to address the possession and transfer of firearms registered to a decedent. The new section clarifies that the executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate may possess a firearm registered to a decedent during the term of probate without such possession being treated as a “transfer” under the NFA. It also specifies that the transfer of the firearm to any beneficiary of the estate may be made on a tax-exempt basis.

Amendments to§ 479.62 proposed to change the following for Trusts:
1. Provide that all information on the Form 1 application must be furnished for each responsible person of the applicant;
2. Each responsible person must comply with the identification requirements prescribed in the proposed§ 479.63(b); and
3. Require the applicant (including, if other than an individual, any responsible person), if an alien admitted under a nonimmigrant visa, to provide applicable documentation demonstrating that the applicant falls within an exception to 18 U.S.C. 922(g)(5)(B) or has obtained a waiver of that provision.


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Many of our Gun Trust clients and readers have asked what they can do to help prevent the implementation of 41P.

As you may be aware, Firearms Industry Consulting Group®  has reported that the Administration is working through the Holiday Season on new regulations to limit our Second Amendment rights and that ATF intends to move forward with ATF-41p in the New Year.

The efforts to strip funding for 41P have been removed from the latest budgets and as a result will have no effect on implementing 41P.  What will be implemented and when it will be effective is still unknown, but it looks like that there will need to be an appeal.  Below are the two amendments that were removed that were designed to be an end run around 41P.

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Recently the ATF updated their final action date from December 2015 to January 2016.  For a complete list of articles and issues on ATF-41P see our 41P update page.

The most significant comments are listed on the 41P page link above.  What does the update mean? We believe that ATF will attempt to move forward with changes sometime within the next few months.  If you are considering forming a Gun Trust for NFA purchases, now may be the time to create your gun trust before changes are made.

Many people have been reporting that 41P will end the opportunity to take advantage of the benefits of a Gun Trust.  This is simply not true, it will not end gun trusts nor do away with many of the advantages of a gun trust.  ATF is talking about making responsible parties provide a modified CLEO authorization and other information, but this proposal was made prior to the ATF stating that the person purchasing an item with a Gun Trust sill needs a NICS check. The new position on the NICS requirement seems to do away with the CLEO certification as it is more comprehensive.

In the April 27th issue of Bullet Points, the NSSF wrote the following update

NO IMPLEMENTATION YET SEEN FOR NOTICE 41P AS FINAL RULE . . . NSSF has confirmed with ATF that the bureau is unlikely to publish Notice 41P (NFA Trusts) as a Final Rule for quite some time. This is in part because EPS resources are being diverted to help process the 310,000 public comments received in response to the armor piercing ammunition framework proposal. In addition, it seems ATF has not prepared to revise the NFA database so that it can track “responsible persons” for NFA trusts. The proposed rule would require the responsible person(s) on an NFA Trust be fingerprinted.

This seems consistent with the statements made by the ATF at the Annual Firearms Seminar in Nashville earlier this month when we reported on many of the statements ATF made including poorly written trusts.  Remember, a properly written gun trust should give you and others involved with the trust guidance what you can and can’t do instead of leave it up to the individual to determine what to do.

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