SEG Suppressors Gun Trust makes it easy and inexpensive to purchase a suppressor or any NFA item using a TRUST. This trust can be used for purchasing all NFA classified weapons including a suppressor with a Form 4. On July 13th 41/F goes into affect and the only thing that changes with the trust is that all responsible people on the trust must submit finger prints, passport style photo with the form 4 or form 1. Also only a letter to notify the CLEO is needed now instead of a CLEO sign off approval. Please read this article so you completely understand what the new 41/f ruling changes. Click link below. We have highlighted some of the information regarding 41F below also.
Link for Ordering Fingerprint cards - Please select the "FBI FD-258LE - NFA, Imports ORI WVATF0800"
Please order 2 Finger Print cards per suppressor or NFA item. They are FREE! So order extras just in case there is a mistake when getting finger printed.
If you have any questions regarding 41F please email - 41F@atf.gov
Explanation of info needed:
Trust Name - this is what the trust will be called and referred to as.
Trustee - this is you and whoever else you want to be able to use or possess the items on the trust, but they wont take ownership of it after you pass away. These are now considered to be "Responsible Person(s)" on a trust now and require the same paperwork the Settlor or main Trustee. 2 Passport photos & 2 Finger print cards along with the 5320.20 Responsible person form.
Beneficiaries - These are the people that you want to be able to take possession of the items on the trust once you pass away. They will also be allowed to use or possess the items on the trust(this makes them a Responsible Person). If any of these people are under legal age(according to your state laws) to possess or take ownership of the items on the trust you must have a successor trustee. The successor trustee is the person you want to control the trust if you were to pass away until the underage beneficiary is of age. Please note in the Trustee section which trustee or person you would like this to be.
County - Please state the county that you live in and where the address the trust will be designated to is located.
Address - your physical address that will be affiliated with the trust.
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:
- Board members
- Beneficiaries – if said beneficiary has the capability to exercise any of the powers or authorities enumerated above.
What Do NFA Trust or Legal Entity Applicants Affected by the Change Need to Know?
If you are:
- applying as a trust or legal entity to make and register an NFA firearm on a Form 1, or
- receiving an NFA firearm in the name of a trust or other legal entity as the transferee on a Form 4, or Form 5,
the following information is applicable to your applications:
- all responsible persons named in the trust or legal entity are required to undergo a background check.
- all responsible persons must complete the Form 5320.23 with photo attached and provide two FD-258 fingerprint cards in order to initiate the required background check. Fingerprint cards may be ordered from the ATF Distribution Center through the online Distribution Center Order Form, or by calling (703) 870-7525 or (703) 870-7528.
- Chief Law Enforcement Officer (CLEO) certification has been replaced with CLEO notification. The applicant on the Form 1 and the transferee on the Forms 4 and 5 shall forward a completed copy of the application to the chief law enforcement officer of the locality in which the applicant or transferee is located. In addition, all responsible persons must also submit a completed copy of Form 5320.23, to the chief law enforcement officer of the locality in which the responsible person resides.
- after July 12, 2016, all applications to make or transfer NFA firearms must be submitted on the new Form 1, Form 4 or Form 5 and a Form 5320.23 must be completed by each responsible person of a trust or legal entity.
- after July 12, 2016, CLEO certification is no longer required but applicants must send a copy of the application to make or transfer NFA firearms to their chief law enforcement officer notifying them of the application.
- all applications post marked prior to the effective date of July 13, 2016 will be processed according to the current regulations.
- all applications post marked on or after the effective date of July 13, 2016 will be processed according to the new regulations set forth by 41F.