41P final ruling, goes into effect 180 days from today.

GA Firing Line

DarthVader

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I can do without the SBR I submitted today, but I want my cans.
I'm in the same boat, waiting on a Harvester. Initially I expected to have it next month, but recent approval dates are making it look more like March. I'd like to think that we're already in the queue, so however long it was going to take before today's announcement, would be unaffected. It's not like the number of applications ahead of us changed. But who really knows with them.
 

Shemp

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Damnit I just want my sbr.
 

Willy Leadwell

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Call the NFA Branch to see where it is in the process. Yours is in VA by now. The number is: 304-616-4500 and you'll need your can serial number.
That's stamp number 5 for me and I've never once called to check status. I don't intend to start today unless it's going to make them move faster.
 

Willy Leadwell

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Ahh...so, I'm guessing it's not going to get easier as we might thought then? Lol
Basically what it boils down to is that it complicates the process for trusts, but simplifies the process for individuals. I will probably do them as individuals in the future.
 
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dial1911

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Basically what it boils down to is that it complicates the process for trusts, but simplifies the process for individuals. I will probably do them as individuals in the future.


Pretty much. Although the CLEO sign off is a bit over hyped. I you read the fine print, there are about a dozen local govt positions that can sign off on that box. Surely one of them is pro-2A if the sheriff/chief of police isn't.
 

Bypass

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I haven't dug that deeply into the text, but I seriously doubt it.

Edit, just looked, not retroactive, Goes into effect 180 days AFTER it is added to the register.

Also, they removed CLEO sign off on individuals as well. The process will become the same for trusts and individuals. Fingerprint cards and passport photos (which I just did and it cost me 30 bucks) for the individual or for the grantor and all trustees listed on the trust.

Looks like my trust will hold NFA items it already has, but from here on out I will just file as an individual. 30 bucks a pop for every trustee would get expensive quick.
Do I have to get fingerprinted and such if I don't add any items to my trust ever again?
 

Mac11FA

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So
I saw this posted on another forum.... (@heavyd)

What all of this means is any responsible person in a trust must undergo the following requirements:

Fingerprints
Picture
No CLEO sign-off. You simply notify your CLEO.

Well, who are responsible persons in a gun trust? I will break down the two critical elements.

Responsible persons are:

1) Persons with the power or authority to direct the management and policies of the trust;

AND,

2) Have the power or authority to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for the trust.

It appears as though responsible persons are those who meet both elements. If an individual does not meet both of these elements, they are not responsible persons. Thus, the 41P requirements would not apply to that individual.

In NFA Lawyers’ trusts, co-trustees do not have any power or authority to direct the management and/or policies of the trust. Co-trustees do not meet element number one. We draft trusts this way in order to prevent co-trustees from having any control over your NFA weapons or other firearms in the trust.

Based on the face of 41P, our trusts are already 41P compliant. Co-trustees in our trust will never have to send in fingerprints, pictures, or notify their CLEO. Additionally, 41P clearly states that beneficiaries are not subject to these requirements.

As with many new regulations, there will be much litigation over these topics. The ATF may make revisions or opine further on their position, which may change the impact of 41P.

Regardless, NFA Lawyers will keep our clients apprised of any required changes to their trusts, if any. It has been our pleasure to do business with each and every one of our clients. We will do everything we can to prevent our government from infringing on our Right to Keep and Bear Arms.

Sincerely,

/s/ H. Dean Phillips
So what this means is I will have to get fingerprint card and passport photo even though I already have a trust and a carry permit. How do I get a fingerprint card? The Sheriff's department did mine electronically when they they took mine for my carry permit?
 

NWS

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So

So what this means is I will have to get fingerprint card and passport photo even though I already have a trust and a carry permit. How do I get a fingerprint card? The Sheriff's department did mine electronically when they they took mine for my carry permit?


I went down to the local jail and they charged me 20 bucks to fingerprint me in duplicate. I went through this last month. The court house told me they only do it for GWL applications and I needed to go to the jail if I wanted them for other purposes.
 
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Mac11FA

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Any chance this will be overturned by the Supreme Court or Congress?