The Obama Administration has ordered the ATF to publish the ATF Rule 41P Final Rule which they did today. The ATF Rule 41P Final Rule has changed from it initial proposal that would have severely chilled your Second Amendment rights. I’m still reviewing the full 248-age final rule, however some of the points focused on NFA Gun Trusts include:
The changes will not be effective until 180 days (6 months) after publication in the Code of Federal Regulations so for the next several months you can use your NFA Gun Trust under the existing rule. Creating your NFA Gun Trust now is more important then ever!
ATF Rule 41P Final Rule
- No CLEO Signature – rather the applicant must notify the CLEO of the application. This is good since many CLEOs across the country flatly refuse to sign applications.
- Fingerprints – responsible parties MUST provide completed fingerprint cards with the application.
- Beneficiaries are not responsible persons.
- ATF Form 5320.23 must be submitted for each responsible person – responsible person is now defined as the grantor or trustee who possesses directly or indirectly the power to receive possess, ship, transport, deliver, transfer or otherwise dispose of a firearm.
- Photo of each responsible person.
I’m continuing to read the full ATF Rule 41P Final Rule and will update this as we go! (download full rule here)
Erik Blaine-Your NFA Gun Trust Attorney
Erik Blaine has been around firearms since learning to shoot a single shot bolt action .22 and upon graduating law school received a Beretta M9 as a graduation gift. As an assistant prosecuting attorney Erik handled firearms cases and issues for not only the county but also coordinated the acquisition, recommendation, and training for county firearms and law enforcement agencies. Erik works extensively with the firearms community in his representation of firearms dealers, ranges, companies, and individuals and is also Chairman of the “Greater Dayton Area Friends of NRA” and serves on several community boards of directors ranging from museums to his alma mater UDSL, to a community health clinic and donates his time to the “Wills for Heroes” and the “Greater Dayton Volunteer Lawyer Project.”
Erik has in-depth experience in firearms law, especially National Firearms Act issues and Gun Trust law. After seeing what was out there, Erik wrote the first NFA Gun Trust for himself, using his knowledge of estate planning, firearms issues, and significant state and Federal licenses. To date Erik has counseled hundreds of individuals guiding them through NFA possession and drafted countless NFA Gun Trusts. He vigilantly researches new laws, rules, and procedures as well as specific firearms and is a sought after speaker and legal representative on firearms laws and NFA Gun Trusts.
Call (937) 435-9999 or email today so I can get started writing Your NFA Gun Trust so you can enjoy and grow your collection now! Before ATF Rule 41P Final Rule goes into effect.