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Posted: 11/30/2016 10:36:32 PM EDT
...and I get held up on a 4473 delay when I went to pick it up. Who else has run into it?
FBATFE 
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Posted: 11/30/2016 10:39:35 PM EDT
[#1]
Quoted:
...and I get held up on a 4473 delay when I went to pick it up. Who else has run into it? FBATFE Isn't that why you should be having your AZ CCW? That's the main reason I got mine originally. I always got delayed becuz of a previous record which got expunged. But of course the nics investigator people are idiots and delay it always. |
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Posted: 12/1/2016 12:40:58 AM EDT
[#2]
I'm still waiting on my first suppressor Form 4, so I "know nothing", but didn't I read that the 4473 specifically says that a NICS check is not required for picking up an NFA item?
Rob |
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Posted: 12/1/2016 12:52:13 AM EDT
[#3]
Quote HistoryQuoted:
I'm still waiting on my first suppressor Form 4, so I "know nothing", but didn't I read that the 4473 specifically says that a NICS check is not required for picking up an NFA item? Rob It caught me off guard having to do it again, but they said it's a standard req. My sanity has held simply from a couple days refitting the suspension on my bike. What's three more days? Strange and frustrating nonetheless. |
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Posted: 12/1/2016 12:55:32 AM EDT
[#4]
Quoted:
[It caught me off guard having to do it again, but they said it's a standard req. you picked a SOT that pretty much doesn't understand instructions, or is making things up on their own. block 22 of the 4473 says no NICS check is required because transfer only involves a NFA |
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Posted: 12/1/2016 12:26:03 PM EDT
[#5]
I've never had a background check ran when picking up NFA items. I've filled out the 4473 for the dealers disposal logs. I always understood the rule to be that the BATFE clears you to own the item during the whole form 4 or form 1 process.
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Posted: 12/1/2016 12:56:31 PM EDT
[#6]
https://www.guntrustlawyer.com/files/2015/02/ATF-13-0574-4473-Trus-tResponse-Letter.pdf
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. |
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Posted: 12/1/2016 3:23:58 PM EDT
[#7]
Quote HistoryQuoted:
https://www.guntrustlawyer.com/files/2015/02/ATF-13-0574-4473-Trus-tResponse-Letter.pdf 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. So... individual = no 4473, trust = 4473? |
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Posted: 12/1/2016 3:42:05 PM EDT
[#8]
Quote HistoryQuoted:
https://www.guntrustlawyer.com/files/2015/02/ATF-13-0574-4473-Trus-tResponse-Letter.pdf 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. Right. "cannot transfer firearms" does not include suppressors. You should be able to fill out 4473 with no BC for a suppressor on a trust, I would think. Interesting about this quote, since I would think now all "responsible persons" on the trust are the approved transferee and no longer need a redundant background check. |
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Posted: 12/1/2016 5:13:08 PM EDT
[#9]
Quote HistoryQuoted:
So... individual = no 4473, trust = 4473? More like (according to the ATF letter) trust = NICS, no trust = no NICS. Contrary to the ATF letter my dealer ran a NICS check when I bought an SBR even though I'm an LLC, but IDGAS because I've never not come back as instant approve. *shrug* |
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Posted: 12/1/2016 5:14:01 PM EDT
[#10]
Quote HistoryQuoted:
"cannot transfer firearms" does not include suppressors. Says who? The GCA (which required the 4473 and NICS checks) includes "any firearm muffler or firearm silencer" in the definition of "firearm." |
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Posted: 12/1/2016 5:40:38 PM EDT
[#11]
My first few stamps were on individual and my last few were on a trust. . I never filled out any paperwork when picking them up. I always thought it was wierd that you jump through hoops to get approval then just get handed a Suppressor.
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Posted: 12/1/2016 7:58:40 PM EDT
[#12]
Quote HistoryQuoted:
More like (according to the ATF letter) trust = NICS, no trust = no NICS. Contrary to the ATF letter my dealer ran a NICS check when I bought an SBR even though I'm an LLC, but IDGAS because I've never not come back as instant approve. *shrug* I don't either but of course get held up on the one thing I've already waited 9 months for. My CHL is OOS so it won't work in AZ for a carry out. |
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