ATF 41F Changes Explanation
This information is provided as general information and is subject to the disclaimer located at the bottom of the page.
You should not make any decisions without the consultation of legal counsel as this information is subject to change and may not be up to date. Call for the most updated information.
On July 13, 2016 ATF rule 41F went into effect. Before it was finalized it was known as ATF 41P and is referenced as such to avoid confusion. 41F is the final version.
What are the major changes?
These are the 41F changes:
All RESPONSIBLE PERSONS must submit the following:
Copy of the forms to a Chief Law Enforcement Officer (CLEO)
Background check (5320.23)
Copy of the Trust
That's it. Those are the changes. More paperwork.
What is a "responsible person"?
The new rule defines "responsible person" as
'an individual in the organization that has the power and authority to direct the management and policies of the entity insofar as they pertain to firearms.'
For mostTrusts this will be the Co-Trustees but not the successor trustees nor the beneficiaries.
Do I need to get the CLEO's signature?
No. The CLEO will get a copy of your forms and the forms of the responsible persons.
Can I still create a trust now that 41F is in effect?
If I created a Trust before July 13, 2016 am I 'grandfathered' in?
No. It does not matter when you create the Trust. What matters is when you send in your paperwork to the ATF for processing.
My co-Trustee does not wish to submit fingerprints, etc.?
You will need to remove them prior to attempting to purchase a new weapon. This is most commonly done via an amendment or form depending on the setup of your Trust. Call for details.
I use another form of entity, who are my "responsible persons"?
Your entity will need to be reviewed by myself or another attorney to advise you on who is a "responsible person".
I heard that there is a loophole in the language of the rule?
I am happy to discuss my criminal defense rate as well as point you to a criminal defense lawyer in your area. To avoid this, give me a call and we can discuss what you have heard.
I still have further questions?
Please feel free to call my office at (412) 249-9180. Trusts of all kinds are important legal documents and a well written Trust will serve you throughout your life and in death. I ensure that my clients fully understand what they are signing as well as what effects changes in the law will have on their Trusts.