Copyright Quiet Time Sports - FFL Class 3 dealer - Hearing Protection, Firearms Silencers. All rights reserved.
ATF 41F information:
The ATF's website has detailed information "FINAL Rule 41F – Background Checks for Responsible Persons – Effective July 13 2016" and the new Form 4 (Application for Tax Paid Transfer and Registration of Firearm) and Form 23 (National Firearm Act (NFA) Responsible Person Questionnaire).
Additionally, SilencerCo posted "SuppressED" to help get us all 41F educated. Their site walks through how to complete Individual and Trust Forms with example forms and checklists, and a pdf "Easy Guide" for purchasing a silencer as an Individual or through a trust.
If you are not familiar with the ATF 41F ruling and the changes that took effect 13 July 2016, the bottom line is that trust ownership is still a very good option because it allows multiple people to posses the NFA item owned by the trust as opposed to Individual ownership that restricts possession to the single individual on the Form 4. Now some 41F details...
Rule 41F mandates that any responsible person submitting a Form 1 or 4 application on behalf of a trust must include a 2×2-inch photograph of themselves taken within the year prior to the date of the application, two fingerprint cards, a completed NFA Responsible Person (RP) Questionnaire (ATF Form 5320.23, aka Form 23), a copy of the trust, and the $5 (Any Other Weapon) or $200 transfer tax. As such, trust applicants in 41F terms, must submit the same information in addition to the Form 23 that individual applicants have been required to submit all along. For Individual applicants, 41F removed the CLEO sign-off requirement. Now, individual applicants need to submit the same packet as trust applicants minus the Form 23.
Additionally, 41F mandates that all individual and trust applicants must notify their local CLEO of any manufacture or transfer of an NFA item. A trust applicant, and all RPs of a trust, must send a completed copy of the Form 4 and Form 23 to their local chief law enforcement officer (CLEO). According to 41F, a RP is any member of a trust “who [has] the power and authority to direct the management and policies of the trust or legal entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of an NFA item for, or on behalf of, the trust or entity.” There is speculation that this wording might open the door for a “non-manager” type of trust member who would not be fully subject to the new application requirements detailed below. Consulting an NFA savvy attorney with questions is probably a prudent measure.