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Posted: 8/5/2014 11:30:51 AM EDT
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After your Form 4 (trust) gets back approved from ATF is it normal for the dealer to make you fill out an application and call in a background check to state law enforcement before you can leave with the suppressor?
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Quoted:
After your Form 4 (trust) gets back approved from ATF is it normal for the dealer to make you fill out an application and call in a background check to state law enforcement before you can leave with the suppressor? Kinda. Line 22 on the 4473 has exemptions for NFA transfers. Some states/dealers check anyway. In NC (like some other states) my CHP negates the need for a check. Although the trust can't have a BG check done, the person picking up the item usually has to be able to pass the NICS check. |
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Quoted:
After your Form 4 (trust) gets back approved from ATF is it normal for the dealer to make you fill out an application and call in a background check to state law enforcement before you can leave with the suppressor? Yes, if your state has its own BG check system, which I think FL does. |
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http://princelaw.files.wordpress.com/2014/05/13-0574-response-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. When purchasing an NFA firearm, the person acting on behalf of the trust will complete the ATF Form 4473, items 1 through 10b with his or her personal information. Item 11a "Are you the actual transferee/buyer of the firearm(s) listed on this form?" should be answered "YES". The transferor will conduct the NICS check and complete Items 21a though 21c and Item 21d, if applicable. Item 22 will be left blank, as the transaction is not exempt from the NICS check. |
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Quoted:
http://princelaw.files.wordpress.com/2014/05/13-0574-response-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. When purchasing an NFA firearm, the person acting on behalf of the trust will complete the ATF Form 4473, items 1 through 10b with his or her personal information. Item 11a "Are you the actual transferee/buyer of the firearm(s) listed on this form?" should be answered "YES". The transferor will conduct the NICS check and complete Items 21a though 21c and Item 21d, if applicable. Item 22 will be left blank, as the transaction is not exempt from the NICS check. Oh, now I remember this is a result of Dakota Silencer trying to set up a completely mail based business for NFA items. So now only individuals are NICS exempt. |
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Quoted:
Oh, now I remember this is a result of Dakota Silencer trying to set up a completely mail based business for NFA items. So now only individuals are NICS exempt. Quoted:
Quoted:
http://princelaw.files.wordpress.com/2014/05/13-0574-response-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. When purchasing an NFA firearm, the person acting on behalf of the trust will complete the ATF Form 4473, items 1 through 10b with his or her personal information. Item 11a "Are you the actual transferee/buyer of the firearm(s) listed on this form?" should be answered "YES". The transferor will conduct the NICS check and complete Items 21a though 21c and Item 21d, if applicable. Item 22 will be left blank, as the transaction is not exempt from the NICS check. Oh, now I remember this is a result of Dakota Silencer trying to set up a completely mail based business for NFA items. So now only individuals are NICS exempt. State law may vary however. |
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Quoted: This is incorrect; all NFA is NICS exempt whether it's a trust, corporation or individual. The trustee or corporate officer picking up the NFA item must complete an addendum to the 4473 stating they are authorized to complete the transaction. State law may vary however. Can you provide cite to the authorization of this addendum? Was this something that was in effect before or after this letter? |
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Quoted:
Can you provide cite to the authorization of this addendum? Was this something that was in effect before or after this letter? This requirement is noted in the instructions to question 1 of the April 2012 edition of Form 4473. No authority is cited for that requirement. The instructions also state that a NICS check is not required for NFA weapons, and refers to 27 CFR sec. 478.102(d) for more detail. |
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Quoted:
This requirement is noted in the instructions to question 1 of the April 2012 edition of Form 4473. No authority is cited for that requirement. The instructions also state that a NICS check is not required for NFA weapons, and refers to 27 CFR sec. 478.102(d) for more detail. Quoted:
Quoted:
Can you provide cite to the authorization of this addendum? Was this something that was in effect before or after this letter? This requirement is noted in the instructions to question 1 of the April 2012 edition of Form 4473. No authority is cited for that requirement. The instructions also state that a NICS check is not required for NFA weapons, and refers to 27 CFR sec. 478.102(d) for more detail. |
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