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ATF Definition: Responsible Person

Person.  A partnership, company, association, trust, corporation, including each responsible person associated with such an entity; an estate; or an individual.

Responsible Person.  In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity.  In the case of a trust, those persons with the power or authority to direct the management and policies of the trust includes any person who has the capability to exercise such power and possesses, directly or indirectly the power or authority under any trust instrument, or under State law, to receive possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of the trust.  Examples of who may be considered a responsible person include settlors/grantors, trustees, partners, members, officers, directors, board members, or owners.  An example of who may be excluded from this definition of responsible person is the beneficiary of a trust, if the beneficiary does not have the capability to exercise the enumerated powers or authorities.

Excerpt taken from the ATF 5320.1 - ATF Form 1



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