Ok, I searched back a few pages and didn't find anything on this topic.  I had saw something on this a little while ago and had intended to go back and read more on it but couldn't find it.  As far as a customer purchasing an NFA item with a trust and filling out the 4473, are FFL's supposed to actually run the check on a transaction like this?  The info that I had seen was making a point that because the trust itself cannot pick up the said item, the person who is picking up the item must have a background check performed.

I have no idea if this was pre-41P talks, speculation or what.  I have not really found any clear information on this yet but luckily I have only been doing individual transfers.  I have the my first Trust transfer coming in soon and was wondering what the rules are as far as check, or no check.  Is the background check not required but a good practice, or should I just check the box saying it involved NFA firearms and carry on as usual?


Thanks!

I run NICS, some FFL's don't, I've even gotten conflicting info from the IOI's about it.

You are not required to. I do not do it. I check box 22 and that is it. That (dare I say it) "loophole" is the problem ATF-41F is designed to solve.

Interesting. My FFL tries to stick it to the man any way he can but he runs the check on me when I pick up my NFA items. It will be a moot question when 41F kicks in in June.

This is the info I had, but other sources were saying otherwise.  I'm guessing its more of an opinion more than anything else.  Thanks again.  Carry on.

I don't stick it to the man.

I just obey the law and follow the instructions on the form.

I run the check, I'm not going to be the one to hand over a firearm/suppressor to someone that can't possess it.

In the 2015 NFA Handbook update ATF added this


YMMV.  We run NICS on Trusts now.

MAHA

We follow US Code and the instructions on the 4473.

I request the first page of the trust that shows them on it, just to make sure I'm giving the can to the correct person, and then I do the background check. There is no sticking it to the man. I am releasing an item to an individual and that individual will pass a background check before they leave with something that the ATF defines as a "firearm".

Despite what the actual Federal law says?




This.

Do you ask for a stool sample as well?

You know.........just to be sure.

We simply run it as a standard 4473, attach a copy of the Form 4, along with a signed form stating they are picking the item on behalf of the trust.