Tag: michigan nfa trust attorney

ATF Regulation 41F and Gun Trusts – Moving Forward

Well, the “dreaded” day is upon us.  The ATF’s rule 41F goes into effect tomorrow, Wednesday, July 13, 2016.  All Form 1 and Form 4’s that are postmarked July 12th or earlier will be processed under the current guidelines.  All that are postmarked on or after July 13th will be subject to the new guidelines.  If you are not familiar with 41F, you can read my previous blog post on it by clicking here.

I’m writing today because the ATF finally issued the new versions of the Form 1, Form 4 and Responsible Person Questionnaire that will need to be used starting July 13, 2016 going forward.  They have said they will not accept the existing forms for submissions on or after July 13, 2016.  Since the process takes plenty long on its own, do yourself a favor and make sure you use these new forms.  Here is where you can get each of them:

Form 1

Form 4

Responsible Person Questionnaire

If you need to order fingerprint cards, you can do that by clicking here.  You can find the ATF’s latest FAQ by clicking here.

Now, despite saying “dreaded” in my opening paragraph, the sky is not falling on gun trusts.  No doubt, there is definitely more red tape going forward.  But, gun trusts will remain the best option for many people who have (or plan to have) NFA items and/or a firearms collection.  The multiple authorized user and inheritance options will stay (and are very important).

If you have any questions, please contact me.

How Do I Apply For a Tax Stamp with a Michigan Gun Trust?

machine_gunAs a Michigan NFA gun trust attorney, there are some questions that I am asked on a regular basis.  I am going to try to cover them over a series of posts.  The first and, by far, most common question is, “how do I apply for a tax stamp for my NFA item using my gun trust?”  The “how” is heavy on the paperwork side.

If you worked with me to put your gun trust together, you must send the following to the ATF to get a tax stamp:

  • A copy of the entire trust itself (this includes the trustee declarations at the end of the trust);
  • The signed Assignment Page to the trust listing the make/model/serial number of the item you are purchasing or manufacturing;
  • A copy of all amendments to the trust (if there are any);
  • Two original double-sided ATF Form 4 (if purchasing the item or otherwise having it transferred to you) or ATF Form 1 (if manufacturing . . . for example, making a short-barreled rifle (SBR) or short-barreled shotgun (SBS) from an existing rifle or shotgun);
  • A Certification of Compliance (ATF Form 5330.20); and
  • A check for the tax ($200 for a Form 4 or Form 1) made out to “Bureau of Alcohol, Tobacco, Firearms and Explosives”.

Currently, all of the above should be sent by a trackable courier to the following:

National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 530298
Atlanta, GA 30353-0298

If you do not yet have a gun trust in place, do not wait any longer.  Now is the time.  Call me at 827-7596 and I will help you take the important step of putting a gun trust together!