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Posted: 7/14/2021 11:43:19 AM EDT
[#1]
Talk to the attorney that set your LLC up. Responsible person is the term the ATF uses for people who will be using the NFA item. RP's would be all the trustees on a trust, not sure on an LLC as it would depend on how it's setup.
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Posted: 7/14/2021 11:46:58 AM EDT
[#2]
IANAL, but my understanding is that you simply add him to the LLC using your state's rules for that. There is no need to add him a responsible person with the ATF.
This is how multiple gun trust sites do it, an LLC should be the same as the trust/LLC is the owner, there is no transfer going on. The ATF Form 1 is for making an NFA item, Form 4 is for transferring. Since neither is happening here, nothing should be needed. From the ATF FAQ (pdf) Q: Will new responsible persons, added after the making or transfer, be subject to the same requirements? A: Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance. |
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Posted: 7/14/2021 12:11:16 PM EDT
[#3]
If your asking about the legal/LLC side, that’s simply dependent on the LLC and how changes are made.
If you’re asking about the ATF side, the answer is nothing needs to be done…just like the post above says. You’d simply have to do the 5320.23/photo/prints with future submissions. No proactive notification required. (This is also why some will say remove everybody but you, submit, add everybody back…which is perfectly legal) |
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Posted: 7/14/2021 12:13:28 PM EDT
[#4]
And in response to the “while it’s pending”, I wouldn’t waste time contacting the ATF. The only thing that would happen is if the new RP was going to be the one to pick up an item from a dealer (Form 4), they’d have to have a background check done since it wasn’t done during the wait. If it’s a Form 1, it’s a non-issue.
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Posted: 7/14/2021 12:16:17 PM EDT
[#5]
Quote HistoryQuoted: If your asking about the legal/LLC side, that’s simply dependent on the LLC and how changes are made. If you’re asking about the ATF side, the answer is nothing needs to be done…just like the post above says. You’d simply have to do the 5320.23/photo/prints with future submissions. No proactive notification required. (This is also why some will say remove everybody but you, submit, add everybody back…which is perfectly legal) Or do a new trust/LLC for each submission, then add people after approval. |
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Posted: 7/14/2021 12:25:49 PM EDT
[#6]
Ok what happens if he was already on the LLC prior to the Form 1 submission and a responsible persons form wasn't submitted for him since he wasnt going to be involved with NFA but now wants too and the FOrm 1 was approved without his RP form? Do we have to add him as a RP? and if so how do we do it after the fact?
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Posted: 7/14/2021 5:34:59 PM EDT
[#7]
Quote HistoryQuoted: Ok what happens if he was already on the LLC prior to the Form 1 submission and a responsible persons form wasn't submitted for him since he wasnt going to be involved with NFA but now wants too and the FOrm 1 was approved without his RP form? Do we have to add him as a RP? and if so how do we do it after the fact? If they approved it, I’d sleep well at night taking no further steps. |
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