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;

Based on the ATF letter requiring NICS checks for Trusts, the ATF may have accidentally opened the registry for new Machine Guns when registered in the name of a trust which is not a person under the GCA.

The Prince Law Blog quotes the same letter I wrote about a few days ago where the ATF determined that “Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.” And therefore, as a result,

Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

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.

On Friday May 3rd, Alabama voted unanimously to repeal the prohibition of the possession and use of suppressors or silencers while hunting for all game and non-game animals. As of Friday, May 3rd, 2014, it became legal to possess and use a suppressor while hunting.

The majority of states now allow hunting with a suppressor. Alabama will be the 32nd and on July 1st Georgia will become the 33nd.

It shall be unlawful to possess fully automatic firearms or silenced firearms while hunting any species of wildlife.

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

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.

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

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

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.

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 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?

The Ohio House passed a bill to allow hunting for some game species. The legislation that would permit the use of suppressors while hunting white-tailed deer, rabbits, squirrels and other game. The suppressors would need to be legal and registered with the ATF. The ATF permits individuals, Trusts, and business entities to apply for a $200 Tax Stamp to purchase and be in possession of a suppressor or silencer. While a suppressor reduces the noise it does not make a gun silent.

The Ohio bill would require that hunters who want to use a suppressor must submit to a background check and complete an application. Once the bill is approved the Ohio Senate it can be sent to the Governor for his signature. We will update you with progress on this bill as we learn about its status.

eforms_logo.jpgIf 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

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