rjrivero
Member
- Joined
- Jan 5, 2009
- Messages
- 1,064
CoRoMo, You're missing the relevant part of that document.
Bold added by me. There are differences in transferring a Title 2 firearm to an individual, vs. transferring them to a "Legal Entity."
It seems that an individual transfer, it's okay for that individual to pick up an NFA Registered item by filling out a 4473 without it going through a background check. However, if you're picking it up on behalf of another entity, Trust, Corp, LLC, Estate, etc., then an NICS background check MUST be done on the individual picking up that item.
The problem becomes if you have more than one Trustee. You can have one who picks up the item, can pass the NICS background check. Then another one who is an prohibited person also named on that trust.
5320.8 Chapter 9 said:9.12.1 NFA Transfers to other than individuals. Subsequent to the approval of an application requesting to transfer an NFA firearm to, or on behalf of, a partnership, company, association, trust, estate, or corporation, the authorized person picking up the firearm on behalf of, a
partnership, company, association, trust, estate, or corporation from the FFL must complete the
Form 4473 with his/her personal information and undergo a NICS check. See also, question P60
in the ATF FAQs.
Bold added by me. There are differences in transferring a Title 2 firearm to an individual, vs. transferring them to a "Legal Entity."
It seems that an individual transfer, it's okay for that individual to pick up an NFA Registered item by filling out a 4473 without it going through a background check. However, if you're picking it up on behalf of another entity, Trust, Corp, LLC, Estate, etc., then an NICS background check MUST be done on the individual picking up that item.
The problem becomes if you have more than one Trustee. You can have one who picks up the item, can pass the NICS background check. Then another one who is an prohibited person also named on that trust.
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