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Posted: 7/2/2017 8:28:52 PM EDT
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Googled this question to no avail.
When picking up an approved form 4 from a dealer, does the dealer have to call in a NICS check if the item was transferred to a trust? Or do they only have you fill out the 4473 and be done? |
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If it's a pre-41F filing, they'll probably run a NICS check. If it's a post-41F, it should only be the 4473.
From General 41F Questions and Answers 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. To be clear...I'm not saying there's a statute to back up that Q&A, but I'd guess most FFLs are doing it because they've been told to. 
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Quoted:
Googled this question to no avail. When picking up an approved form 4 from a dealer, does the dealer have to call in a NICS check if the item was transferred to a trust? Or do they only have you fill out the 4473 and be done? The new 4473 requires FFL to perform NICS check on pre 41F NFA xfers, even though law and everything ATF has said for 25 years specifically says it is not required. However, the new form also says no NICS check for NFA xfers post 41F. So NICS checks on NFA is going to be short lived. |
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