The ATF published their final rule on 41P on January 4, 2016. 41P will then change to 41F and become law 180 days after publication in the Federal Registry. (Edit: Publication is scheduled for January 15, 2016.) As stated in the ATF’s Final Rule, once the law takes effect, individual applicants and “responsible person(s)” of NFA Gun Trusts, Corporations, and LLCs will be required to provide Photo ID, fingerprints, submit to a background check and notify the Chief Law Enforcement Officer of their jurisdictions when registering to own or manufacture a NFA Firearm. The language of who is a Responsible Person can be debated based on strict reading of the language (person who manage or control the trust) versus the ATF’s intent (of anyone who will possess or transport the NFA firearm). It will ultimately come down to the ATF’s interpretation of who a responsible person will be.
Please contact The Kim Firm, LLC if you have any questions about 41F or would like discuss your current NFA Gun Trust.
Please stay tuned for more information. To review the Final Rule please click: https://www.atf.gov/file/