As many of you have probably heard, the Bureau of Alcohol, Tobacco, and Firearms have issued a final rule on 41F, which will effect how gun trust are regulated and managed. Before the rule, Trustees were not required to provide fingerprints for the application for NFA items. Now anyone who is deemed a responsible party, as defined in the regulation.
A responsible party is defined as:
Responsible person. In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. In the case of a trust, those persons with the power or authority to direct the management and policies of the trust include any person who has the capability to exercise such power and possesses, directly or indirectly, the power or authority under any trust instrument, or under State law, to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust. Examples of who may be considered a responsible person include settlors/grantors, trustees, partners, members, officers, directors, board members, or owners. An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the powers or authorities enumerated in this section.
Unfortunately, as is the case with most legal definitions, this definition could be broadly construed or narrowly construed. We will simply have to wait for further guidance from ATF, which I am assured that they are working on putting out. As we continue to go through the updated rule and the guidance we will keep you informed of how your gun trust may be affected.
For now many of you may have trusts that may run afoul of this change. Don’t worry, it is not a retroactive ruling and they will not come and confiscate your firearms in the trust. This new rule will become effective 180 days after being published in the federal register, which would make it effective July 13, 2016. So if you have any current applications before the ATF you should be all right as well.
However, this may be a problem for those of you who wish to add to the trust. You trust that worked before, may no longer be able to pass the application process. To add to your trust you will need to amend your trust.
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