- June 10, 2018 at 11:02 am #67283Sgt. MikeParticipant
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Q. “I hear that there is a act to remove the tax stamp on a suppressor and deregulate for the consumer?”
A. yes there is, there has been multiple attempts to do this. Each time the act has died and is constantly being re-introduced.
This has drove suppressor sales and prices down. I have explained this to folks that desire one but they keep saying I’ll wait till they take away the tax stamp. My answer is that is fine because once that explosion happens you will not touch one for less than 5 grand. IF you can find one. One has to remember that the acts all affect the transfer to a individual, NO where in the act was there a reduction on manufacture regulation soo they will continue to be serial numbered and will probably have the same background checks as buying a gun, 4473 will still be completed. DOJ, ATF will still want to do some sort of check. Another way to look at this is simple when has the Federal government ever eliminated a tax on the populace??
Q. do I have to set up a trust?
Q. What is the advantage of a trust?
A. The trust allows all those listed on the trust to use possess, use, or transport a suppressor without the primary present.
Q. Ok I have my trust established, do the other folks on the trust need to be photographed and fingerprinted?
A. Yes the date has passed for the old Trust which did not require this for everyone. All new trust (rule 41F) must have the same requirements of the primary listed on the trust.
Q. Can I add or delete persons on my Trust?
A. Yes you can. However if you have a older Trust (prior to 2016 date) that did not require Fingerprints anyone you add will not have to be fingerprinted. I quote ATF Q&A “Once an application has been approved, no documentation is required to be submitted to ATF when a new responsible person is added to a trust or legal entity. However, should a responsible person change after the application has been submitted, but before it is approved, the applicant or transferee must contact the NFA Branch for guidance.”
Q. what are the requirements for obtaining on a trust after 2016?
A. “the following information is applicable to your applications:all responsible persons named in the trust or legal entity are required to undergo a background check.
all responsible persons must complete the Form 5320.23 with photo attached and provide two FD-258 fingerprint cards in order to initiate the required background check. Fingerprint cards may be ordered from the ATF Distribution Center through the online Distribution Center Order Form, or by calling (703) 870-7526 or (703) 870-7528.
Chief Law Enforcement Officer (CLEO) certification has been replaced with CLEO notification. The applicant on the Form 1 and the transferee on the Forms 4 and 5 shall forward a completed copy of the application to the chief law enforcement officer of the locality in which the applicant or transferee is located. In addition, all responsible persons must also submit a completed copy of Form 5320.23, to the chief law enforcement officer of the locality in which the responsible person resides.
after July 12, 2016, all applications to make or transfer NFA firearms must be submitted on the new Form 1, Form 4 or Form 5 and a Form 5320.23 must be completed by each responsible person of a trust or legal entity.
after July 12, 2016, CLEO certification is no longer required but applicants must send a copy of the application to make or transfer NFA firearms to their chief law enforcement officer notifying them of the application. All applications post marked prior to the effective date of July 13, 2016 will be processed according to the current regulations.
all applications post marked on or after the effective date of July 13, 2016 will be processed according to the new regulations set forth by 41F. ”
Now if one pays attention to all the fine print above the local LEO forms are not required, but a copy is provided by customer, ATF, or the Class III dealer to them so no longer a wait line with the sheriff or head LEO for a signature for you to gather up for your packet. I know where I work we forward the notification to the CLEO for our customers. As my state has provisions that now places CLEO status for the state with the State Police I no longer have to confer with a county sheriff.
Q. Can you will a suppressor to a heir from the estate without a trust?
A. Yes I will quote the ATF own letter dated 5 sept 1999 revised 23 feb 2006
“Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent’s estate. This generally should be done before probate is closed. It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent. The firearms may not be transferred to another party, such as a firearms licensee, for consignment or safekeeping. This would be a transfer subject to the requirements of the NFA. The licensee may assist the executor by identifying purchasers and acting as a broker. The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent’s will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.”
Q. How does the pre 2016 or later trust work in a heir situation??
A. See above ….. same same (basically the deceased is removed from trust, heir is transferred to primary status).
Now this post is not all inclusive and laws will probably change after I write this at some time. Why am I writing this primer? it is because no more than two days go by that I’m not explaining this to a customer.
Right now I’m seeing some really good deals going on, very seldom does one pay MSRP on a suppressor. Especially since the Hearing protection act has been introduced in the house and senate as many are waiting.
I have not covered every aspect of the Law. Much like if I went to go paraire dog hunting in Montana can I transport the suppressor across state line …
A. Maybe ….. Yes, ATF must be notified as well as the states one is traveling through. If however you travel through one state that does not allow private ownership then NO you cannot transport through that state. Also the state you plan to hunt it MUST be legal for you to use such a device.
- June 10, 2018 at 12:45 pm #67285Bodean98Participant
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I am with you on this. Do it now for I do not believe there will be a better time.
I went the form 1 route and built my own. It’s for a 300 Blk AR and it is awesome!! You hear the hammer fall and a bit of a woof and the bolt rattling, then the boolit “WHACK”.
I also made adapters to attach it to my 5.56 AR which sounds about like an unsuppressed 22.
I also fitted it to my Ruger 77/22. The sounds you hear are the firing pin snap and the bullet hitting it’s mark.
I enjoy(ed) it so much that I have applied for another stamp and when it is approved will be building one for my Ruger Mk1 pistol.
If you think about it the $200 application fee is a pittance compared to the price of a silencer, even a homemade one. Also, when the act was instituted, $200 was nearly a King’s ransom. Now it’s more of an inconvenience.
My fear was/is somebody in the gubermint will wise up and decide to bring the stamp fee in line with times and the original intent!
- June 10, 2018 at 1:10 pm #67287Sgt. MikeParticipant
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Where the heck is my original post ?
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