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Posted: 7/15/2016 11:11:19 AM EDT
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We have the discussion/argument on here every once in awhile about whether the person picking up an NFA item on behalf of an entity is required to undergo a NICS check when they fill out the 4473. The last official word on it was an ATF Newsletter back in 2008 (IIRC) that said you do not conduct the NICS check. Line 22 on the 4473 says NFA Transfers are exempt from the check. However, some ATF contacts have been telling FFLs that it's required.
In the General 41F Questions and Answers, the follow two Q&A are included: Q. Is an FFL required to conduct a NICS background check prior to the transfer of the firearm for applications submitted by trusts and legal entities before the effective date of July 13, 2016? A. Yes. A NICS background must be conducted if an NFA firearm has been approved for transfer to a trust or legal entity, such as a corporation, and no background check was conducted as part of the application process on the individual who will receive the firearm. Q. Is an FFL required to conduct a background check prior to the transfer of the firearm for application submitted by trusts and legal entities after the effective date of July 13, 2016? A. No. NICS background check will not be required prior to the transfer of the NFA firearm if the individual picking up the firearm on behalf of the trust or legal entity has undergone a background check as part of the application process. Responsible persons will be listed on the ATF Form 1, 4, or 5 so the licensee will know who has undergone a background check as part of the NFA application process. I'm not saying there are regulations to support that stance, but just passing it along as info. Don't be surprised if more and more FFLs say it's required. |
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TFB:
Some dealers believe that a NICS check is required for NFA transfers, even though the form states that no NICS is required. Just to clarify, no NICS check is required for NFA transfers, correct? ATF NFA BRANCH: Prior to July 13, 2016, a NICS background check must be conducted if an NFA firearm has been approved for transfer to a trust or legal entity, such as a corporation, and no background check was conducted as part of the application process or of the individual who will receive the firearm. After July 13, 2016, a NICS background check will not be required prior to the transfer of the NFA firearm if the individual picking up the firearm on behalf of the trust or legal entity has undergone a background check as part of the application process. Responsible persons will be listed on the ATF Form 1, 4, or 5, so the licensee will know who has undergone a background check as part of the NFA application process. http://www.thefirearmblog.com/blog/2016/07/15/tfb-exclusive-41f-qa-with-the-batfe-nfa-branch/ |
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Quoted: TFB: Some dealers believe that a NICS check is required for NFA transfers, even though the form states that no NICS is required. Just to clarify, no NICS check is required for NFA transfers, correct? ATF NFA BRANCH: Prior to July 13, 2016, a NICS background check must be conducted if an NFA firearm has been approved for transfer to a trust or legal entity, such as a corporation, and no background check was conducted as part of the application process or of the individual who will receive the firearm. After July 13, 2016, a NICS background check will not be required prior to the transfer of the NFA firearm if the individual picking up the firearm on behalf of the trust or legal entity has undergone a background check as part of the application process. Responsible persons will be listed on the ATF Form 1, 4, or 5, so the licensee will know who has undergone a background check as part of the NFA application process. http://www.thefirearmblog.com/blog/2016/07/15/tfb-exclusive-41f-qa-with-the-batfe-nfa-branch/ |
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Quoted:
my guess is FFLs will still be doing the checks for a decade after that change.  Because state laws also apply. So yeah, here in WA I'll still be doing NICS checks. It's also why we still can't use our CPL's to bypass NICS. The Feds say it's OK, but state law differs, and we have to go with the more restrictive law.... |
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