FAQ's

June 24, 2014

ATF eForms adds Form 1 for Gun Trusts and time to process applications reduced.

Today I received an announcement and verified that you can now process Form 1s online again. For those with a Gun Trust, you can now process these electronically again. Still no word on when Form 4s will be available to process online.

There are currently 15 legal examiners in the background investigation phase of hiring. ATF has been authorized to use overtime funding to process NFA applications and they reduced their outstanding applications by 23%. They are currently processing around 6000 applications a week and have a backlog of 62,000. This means that we might be looking at as little as 10 weeks to process applications and even quicker for electronic applications. This is a substantial decrease from the 9 -15 months we have been seeing in the past few months.

In the last 4 weeks they received 17,800 applications and processed more than 22,400 applications.

June 24, 2014

Can a Gun Trust own or Possess an SBR in IL?

by David M. Goldman

As of January 1, 2013 it became legal persons with a C&R license to purchase, transfer, make, possess, and use an SBR in IL.

The Law is poorly written and only indicates that it restricts possession. While it has been clear that a trust could not purchase an SBR in IL, there has been a question about whether an SBR purchased legally in another state by a trust could then be in the possession of a Trustee, authorized by the trust to possess the firearms in the state of IL when that person had their own C&R license.

ATF has recently rejected such a request stating that a trust may not have an SBR in IL. This does not appear to be entirely correct, but until someone is willing to challenge the decision by the ATF it will not be possible to use an ATF 5320.20 to bring an SBR to IL. Here is a copy of a rejected form.

May 27, 2014

ATF Updates 41P Final Action Date: No Changes for Gun Trusts Before 2015

by David M. Goldman

Late in 2013, the ATF published a notice that they intended to seek to revise the regulations regarding the documentation that is required for a Gun Trust and for a business. After the ATF received more than 9500 comments on the proposed changes, the ATF had originally announced that a decision was set to be published in June of this year. As the June date has approached, we have reported that it was unlikely that the ATF would actually be able to review and respond to the comments by the June date and that the ATF was not likely to be able to respond until 2015.

In the latest publication of the Semi-Annual Regulatory Agenda, ATF updated the date of the projected date to show that ATF does not expect to publish a final rule until 2015.

DOJ/ATF RIN: 1140-AA43 Publication ID: Spring 2014

May 20, 2014

Engraving Requirements including City and State Clarification

by David M. Goldman

Recently, I had an electronic version of a Form 1 approved by the ATF for my Gun Trust and wanted to clarify what is required for engraving.

ATF 5300.4

In 27 CFR 479.102 (page 92) describes what is necessary to engrave on a SBR or SBS when one is manufacturing. This is not necessary if you purchase one that is already manufactured as it will have been done for you.

1) On the Frame or Receiver the Serial number;

May 5, 2014

Does a Trust need a NICS check under the NFA and GCA?

by David M. Goldman

One of the most common questions Class 3 SOT Dealers ask has finally been addressed by the ATF and should help clear the inconsistent answers given by local ATF offices.

Is a NICS check required when a Gun Trust is used to purchase firearms that are subject to the NFA?

Short Answer: Yes.

April 25, 2014

Suppressors Legal for Hunting in GA as of July 1, 2014

by David M. Goldman

This week the Governor of Georgia signed a NRA and ASA backed House Bill into law. It is one of the most comprehensive gun bills to pass in the state of Georgia. Included in the bill is a provision to legalize the use of a suppressor while hunting. The law will go into effect on July 1, 2014.

Once the law goes into effect, Georgia will become the 32nd state in which civilians can use suppressors while hunting. Of those states, only Louisiana and Montana does not allow the use of suppressors while hunting game animals.

(Map from American Silencer Association’s website

April 25, 2014

ATF eForms Back online Today and how to obtain a copy of your electronic Form 1

by David M. Goldman

Today I decided to check ATF eForms and it was back online for Form 6’s. The good news is it does show the status of previously submitted eForms. I was able to to see that a Form 1 I submitted at the end of November of 2013 was approved today. When ATF emails you confirmation of the approval it does not send you a copy of the form at the same time. If you want one or to make a electronic copy of the approved form, you can click on the approved forms section, then select the form by clicking on the one you want to view.

Next click the eye all the way at the right of the listing one you want.

Then you can select the View Form and PDF of the approved form will show in your browser or it will be downloaded.

April 17, 2014

ATF eForms back online within the week

by David M. Goldman

Today Marvin G. Richardson, Deputy Assistant Director of the ATF Enforcement Programs and Services sent a letter stating that ATF eForms is expected online this week.

The ATF has reduced the backlog of applications from 80,000 to 73,000.
Adding 15 additional staff to help process NFA applications
Cross training an additional 15 staff to assist in NFA processing
Prioritizing Form 3 and Form 4 paper application processing while eForms is being bolstered
Hired a private company to assist in enhancing the functionality of eForms
Will limit maintenance to Wednesdays
Will bring eForms back online for Form 6 and 6A.
Will allow Forms 1,2,5,9,5300.11 and 10 online over the next few weeks
Allow Form 4 and Form 1 processing in a new and improved eForms in the short-term

In the letter he states that electronic submission saves over 3 month in processing time, but I have personally seen that it can save a year in some cases. He further states that NFA applications re up over 380 percent in the last few years from 41,600 in 2005 to 199,900 in 2013. Many of these new applications have been because of new laws in many states legalizing suppressors and short barrel riffles. Gun Trusts have made these items available to many who live in areas where the CLEO will not sign a Form 4 or Form 1. To find out more about how a Gun Trust can help you protect your family and friends from violations of Gun Laws contact us.

This is good news and it looks like ATF is interested in maintaining eForms into the future.

April 17, 2014

Status Update on 41P

by David M. Goldman

The Americans Opposed to ATF 41P reported today that the American Silencer Association has talks with the ATF during the Shot Show where the ATF stated that they never anticipated the number of comments to 41P that they received and only had one person working part-time on addressing the comments. At that time ATF anticipated that it would take a year or two before they were able to determine whether they were going to move forward and if so to what extent they would try to implement any changes.

There were several major comments to 41P including ours that can be reviewed at https://www.guntrustlawyer.com/41p.html which should be able to challenge the ATF if the ATF should try to implement the changes because of the numerous violations of the Administrative Procedures Act.

So what does this mean?

April 6, 2014

ATF takes down eForms “until further notice”

by David M. Goldman

If you were planning on submitting a form electronically to save time, you may not be able to use eForms. I logged onto the ATF eForms website yesterday and saw the following message:

The eForms software is not performing to our expectations. As a result, we are taking the eForms system down until further notice. We apologize for any inconvenience and appreciate your patience as we work with our industry partners to deliver a quality product. Any eForm submitted will continue to be processed. The finalized forms will be sent to the user via email.

Until the eForms system is returned to service for the industry, all imports forms (Forms 6 Part I and 6A), NFA forms (1, 2, 3, 4, 5, 9 and 10), and AFMER reports (Form 5300.11) must be submitted via paper, including any eForms in draft status.

Copy of submitted or finalized eForm Direct a request to eForms.Request@atf.gov

Status queries