The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Final Rule 41F makes sure that trusts and legal entities meet the same identification and background check requirements as individuals who make or transfer firearms under the National Firearms Act (NFA). The amendments to the regulations benefit public security.
What is an ATF 41f?
The regulation spells out the requirements for background checks and identification practices that apply to anyone who participates in the making or transferring of firearms. The guidelines ensure consistent treatment of every applicant who must comply with the regulations under the NFA. Anyone who wants to know what is ATF 41f may find the details at the ATF website.
What made the changes necessary?
Before the amendment took effect, an individual who represented a trust or legal entity had to meet certain requirements that turned out to need clarification. They included passing a background check and completing ATF Form 4473. Individuals had to do these steps to receive NFA firearms from someone who holds a Federal firearms license (FFL).
The rules at that time, however, did not require everyone who represents a trust or legal entity to comply. Only the person with direct involvement in the receipt of NFA firearms had to meet the standards. The amendment to ATF 41f makes everyone who represents a trust or legal entity comply as well.
Was that the only change?
No. The changes to the amendment require representatives of trust or legal entities that apply to “make” an NFA firearm to undergo background checks.
When did the Final Rule go into effect?
The Attorney General signed the ATF 41F Jan. 4, 2016. The document carries the title of ATF Final Rule 41F, Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm. It amends the regulations that govern the making or transferring of firearms under the provisions of the National Firearms Act (NFA). The Final Rule became effective July 13, 2016.
How do applicants notify CLEO?
When an applicant applies for an ATF Tax Stamp, the Chief Law Enforcement Officer (CLEO) needs to know about it. Either the ATF Form 4 [5320.], ATF Form 1 [5320.1] or the ATF Form 5 [5320.5] can accomplish the notification. It must go to the CLEO of the locality where the applicant or responsible person has a location.
What is a “responsible person”?
ATF considers a responsible person as anyone who can direct the management as well as the policies of the firearms division of an overall business. Designation as a responsible person who can represent a trust or other legal entity includes owners, members of the board of directors, officers and members as well as trustees and partners. Settlors or grantors may serve as well.
What about fingerprint cards and photographs?
All responsible persons who have an association with a trust or legal entity must attach fingerprint cards along with Form 5320.23 and a photograph with each application.
Do FFLs need to address issues that occurred before July 13, 2016,?
Yes. If no background check occurred as part of the application process for an individual who received a firearm, applicants must receive one to comply with ATF 41f guidelines.