NFA Trust rule change question

[IdahoSkies]

I have a question about the up coming proposed NFA trust rules changes. And the answer may not be known, but I am asking anyway.

If I have a trust drafted and submit for a tax stamp and obtain it before the rule change, will I have to jump through the fingerprinting if I seek an additional NFA item? State in another way, I understand past purchases are grandfathered in, but are new purchases on a previously recognized trust included in the grandfather or do they have to jump through the approval requirements?

I am asking because I can see my spouse saying sure on a new purchase if it doesn't put her out. But if she has to get fingerprinted each time, and have a back ground (to much trouble for her) it would likely be a no go.

Thanks for the information. (And yes I know what free advice interpreting laws and regulations is worth).

 

[Arizona_Mike]

41P is on hold for now. The draft as proposed would apply to each Form 4. No such thing as grandfathered trust when trusts are not static documents. If it ever comes to that use a separate trust for each new gun and add her as trustee after the Form 4 is approved for each gun/trust.


Mike

 

[Aaron Baker]

Mike is correct--the regulation, as written, would apply to the new application.

The easiest way to think about this is to realize that the ATF is able to regulate the tax stamp application process. That means that they can't retroactively apply rules to applications that were already approved.

Your trust was examined when your first stamp was approved. But the trust must be re-examined each time. Your trust isn't in some pre-approved file at the ATF.

Mike's suggestion of writing a new trust each time (as a workaround if 41P becomes regulation) is a valid one. Another option would be to amend the trust to remove other trustees before the application, and then amend it again after the application to add them back. But I'm hopeful that 41P will never become law.

Aaron