More questions on 41F (previously 41P)

[MCMXI]

I recently helped a friend with a trust and Form 4s for six suppressors and the application is currently with the ATF. At present, only he and his wife are on the trust and I explained some of the changes that 41F will bring after July 13th. His question was if he decides to add a friend on the trust after July 13th, without adding any more suppressors, would the friend need to provide fingerprints and photographs? I can't see that he would since no more items are being added to the trust and you don't have to inform the ATF when you add/remove members of the trust.

 

[Arizona_Mike]

As long as the trust is current when you apply you are good to go.

Mike

 

[MCMXI]

Do you mean that his friend would have to be added to the trust before the ATF approves the six stamps? The Form 4s and his trust are currently with the ATF.

Thanks.

 

[pjeski]

the only time you would have to submit prints and photos for responsible persons would be when you are submitting new forms.

 

[Aaron Baker]

If he adds his friend after July 13, and his pending stamps have already been approved at the time that he adds his friend, and he doesn't apply for any new stamps after that, then he doesn't have to send in fingerprints and photographs.

Frankly, I don't think there's a clear answer to the question of whether you have to update the ATF with prints and photos if you add a trustee while a tax stamp is pending. The ATF does get to regulate the approval process. While it isn't fair that it takes 6-8 months because of their backlog, I could certainly see them saying that your trust has to remain the same during the whole time the application is pending.

We probably won't know an answer for certain until after July 13.

Aaron